Sol_140F0821R0008.pdf

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Great American Outdoors Act

Joint Administrative Operations Acquisition Operations

NOTICE TO OFFERORS

Solicitation Number: 140F0821R0008

Description: Rehabilitation of Multiple Bridges and Water Control Structures

Location: Seney National Wildlife Refuge, Seney, MI (Schoolcraft County)

Instructions to Offeror:

Before submitting an offer, read the entire solicitation package carefully. Return the following items with your response. Failure to submit the below required items will result in a submission being Technically Unacceptable and will not be considered for award.

SF1442 (completed) Amendment(s) Acknowledged (if any) Price Schedule Bid Bond

• Submission Requirements of Technical and Past Performance Evaluation Factors (see sections L & M)

• Please attach price schedule separately from the technical proposal

Successful awardee will need to be active in the System for Award Management database (www.sam.gov) and complete Online Representations and Certifications at www.sam.gov.

Site Visit: A pre-proposal site visit is scheduled for August 23, 2021 starting at 10:00 AM Local Time.

Participants will meet at 1674 Entrance Refuge Road, Seney, MI. Contractors must notify the Contracting Officer, Justine Pasiecnik at justine_pasiecnik@fws.gov by email if you will be attending and must provide the number of people attending, their full names, and contact information.

Date for Submission of Questions: Questions shall be electronically submit directly to Justine Pasiecnik (Justine_pasiecnik@fws.gov). RFIs shall be submitted no later than seven (7) calendar days prior to the closing of the solicitation (Friday, Sept. 3). All questions will be consolidated and answers provided by issuance of an amendment.

Proposal Due Date: September 10, 2020 @ 5:00 PM PT Basis for Award: Best Value - Tradeoff Project Magnitude: Between $1,000,000 and $5,000,000 Bonding Requirements: 20% Bid Bond, 100% Payment Bond, 100% Performance Bond **Email Bid Bonds with proposal**

Email Offer and Copy of Bid Bond to: Justine_pasiecnik@fws.gov

For Further Information:

Contact: Justine Pasiecnik, Justine_pasiecnik@fws.gov All questions and proposals must be submitted to Justine Pasiecnik via email only.

When submitting questions or your proposals, please be sure to include the solicitation number in the subject line of your email.

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)

U.S. FISH AND WILDLIFE SERVICE

2800 COTTAGE WAY

SACRAMENTO CA 95825

F08

Justine Pasiecnik 4132538287

1x 08/11/2021

140F0821R0008

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

This opportunity is only available to Small Businesses. The U.S. Fish & Wildlife

Service has a requirement for the rehabilitation of multiple bridges/water control structures at Seney National Wildlife Refuge (NWR), Seney, MI (Schoolcraft County).

This requirement is being procured in accordance with FAR Part 15, Contracting by

Negotiation. This will be a Firm Fixed Priced Contract and Award will be based on

Best Value - Tradeoff.

The Solicitation is posted to https://beta.sam.gov/ under Contract Opportunities.

Interested contractors must be registered in SAM (System for Award Management, www.sam.gov) and complete Online Representations and Certifications.

A pre-proposal site visit is scheduled for August 23, 2021 starting at 10:00 AM

Local Time. Participants will meet at 1674 Entrance Refuge Road, Seney, MI.

Special Instructions Due to COVID-19: Contractors must notify the Contracting

Officer, Justine Pasiecnik, Justine_pasiecnik@fws.gov by email if you will be attending and must provide the number of people attending, their full names, and contact information (i.e. email and phone numbers). Please limit the number of your

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.)

10 465 calendar days and complete it within ________________ ________________ calendar days after receiving

09/10/2021

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

U.S. FISH AND WILDLIFE SERVICE

2800 COTTAGE WAY

SACRAMENTO CA 95825

F08

Justine Pasiecnik

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 40

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140F0821R0008 attendees to only those that need to view the site. This will give everyone a chance to view the site in a timely fashion.

While at the site please comply with social distancing guidelines and remain at least 6 feet apart from each other. You will be allowed to view the site and any questions must be submitted by email to the Contracting Officer, Justine

Pasiecnik, Justine_pasiecnik@fws.gov.

The NAICS code is 237310 - Highway, Street and

Bridge Construction and the size standard is

$39.5 million. The project magnitude is between

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

The work will commence within 15 days of Notice to Proceed and be completed within 15 months.

Bonding Requirements: 20% Bid Bond, 100% Payment

Bond, 100% Performance Bond

Direct questions in writing to Justine Pasiecnik at Justine_pasiecnik@fws.gov

Legacy Doc #: FWS

00010 Total Price as detailed in the Price Schedule 1 AU

Period of Performance: 04/01/2022 to 07/31/2023

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

Sponsored by GSA

FAR (48 CFR) 53.110

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Solicitation 140F0821R0008 Project to rehabilitate four (4) of the combined bridge/water control structures at Seney National Wildlife

Refuge in Seney, MI (Schoolcraft County)

Table of Contents

Section Title Page B Services/Price Schedule 2 C Description/Specifications 2 D Packaging and Marking 2 E Inspection and Acceptance 2 F Deliveries of Performance 2 G Contract Administration Data 3 H Special Contract Requirements 5 I Contract Clauses 10 J List of Attachments 22 K Representations and Certifications 22 L Instructions to Offerors 29 M Evaluation Factors 34

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SECTION B – SERVICES/PRICE SCHEDULE

B.1 BRIEF DESCRIPTION OF SERVICES

This work includes the rehabilitation four (4) combined bridge/water control structures located on the Seney NWR.

This work includes, but is not limited to, condition assessment of concrete surfaces, testing, shallow concrete repairs, deep concrete repairs, epoxy injection of cracks in concrete, cleaning/recaulking of expansion joints, concrete crack sealer application, vehicular guardrail installation, signage installation, grading, gravel placement, riprap placement, stoplog slot/pier rehabilitation, clearing/grubbing, replacing wood planks of bridge deck, dewatering, erosion/sediment control BMPs installation, and staff gage installation.

B.2 TYPE OF CONTRACT

The contract type awarded will be a firm fixed price contract.

B.3 PRICE SCHEDULE

See attachment.

(End of Section B)

SECTION C – DESCRIPTION/SPECIFICATIONS

The Contractor shall furnish all labor, materials, equipment, and supervision required for the location described in the task order as shown in the contract drawings and specifications.

(End of Section C)

SECTION D – PACKAGING AND MARKING

D.1 PAYMENT OF POSTAGE AND FEES

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

D.2 MARKING

All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.

(End of Section D)

SECTION E--INSPECTION AND ACCEPTANCE

CLAUSES

52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996) 52.246-21 Warranty of Construction. (MAR 1994)

(End of Section E)

SECTION F--DELIVERIES OR PERFORMANCE

CLAUSES

52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to

(a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

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(c) complete the entire work ready for use not later than 15 months after the NTP was received. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING STAFF

All communications pertaining to contractual and/or administrative matters under this contract shall be sent to:

Contracting Officer Justine Pasiecnik Contracting Specialist, Construction/A&E Operations Joint Administrative Operations| U.S. Fish & Wildlife Service Justine_pasiecnik@fws.gov | office (413)253-8287

Contracting Officer's Representative Name:

Matthew Spielbauer Infrastructure Management Division matthew_spielbauer@fws.gov | 612-713-5269

G.2 CONTRACTING OFFICER'S REPRESENTATIVE DEFINITION

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

G.3 PROJECT INSPECTOR DEFINITION

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

G.4 RESPONSIBILITIES OF THE CONTRACTING OFFICER'S REPRESENTATIVE AND PROJECT

INSPECTOR

G.4.1 The COR’s authorities and responsibilities are defined in the COR’s Designation Letter. The COR is authorized to clarify technical requirements, and to review and approve work which is clearly within the scope of work. The COR is NOT authorized to issue changes or modify the scope of work in any way.

G.4.2 The 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.

G.5 1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

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(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within their or her appointment, shall be at the Contractor's risk.

G.6 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(a) For each construction contracts of $700,000 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.

(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 On Line 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

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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 CPARS.

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

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason 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)

(End of Section G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 PROJECT MANAGEMENT

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

H.2 SPECIAL CONTRACT REQUIREMENTS

H.2.1 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 assume responsibility for damage to property as a result of its actions in performing work under this contract.

H.2.2 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.

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

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

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

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H.2.3 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.

H.2.4 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 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.

H.2.5 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 field work.

b. The Contractor shall submit a monthly report summarizing work completed operations in progress, and schedule of future activities. The reports shall discuss both field activities and office activities, and shall be submitted within two working days after the end of the reporting period.

c. Progress reports will be submitted by the COR and/or Project Leaders on an as needed basis.

H.2.6 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 is 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.

H.3 WORK HOURS

Contractor shall schedule work hours around the time the refuge is open. (8AM PST – 5PM PST).

H.4 DRAWINGS

H.4.1 Typical Drawings Any drawings titled typical are general only and dimensions of each structure will be fixed by the Contracting Officer to adapt the design to existing conditions at the structure location.

H.4.2 Reduced Size Drawings Drawings appearing in task order packages may be photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. To review full-size drawings, contact the Contracting Officer.

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H.5 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

H.5.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

H.5.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

H.5.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

H.5.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

H.6 CONTRACTOR PERSONNEL SECURITY AND SUITABILITY REQUIREMENTS

H.6.1 Performance of this contract may require contractor(s) personnel to have a Federal government-issued personal Identify Verification (PIV) credential before being allowed unsupervised access to a DOI [facility and/or information system]. The Contracting Officer’s Representative (COR) will be the requesting official, and will make arrangements through a DOI Access Card Sponsor for personal identity verification and DOI Access Card Issuance.

H.6.2 At least two weeks before start of contract performance, the Contractor must identify all contractor and subcontractor personnel who will require [physical and/or logical] access for performance of work under this contract. Physical Access means routine, unescorted or unmonitored access to non-public areas of a federally controlled facility. Logical Access means routine, unsupervised access to a Level 3 or 4 Federally controlled information system. The Contractor must make their personnel available at the place and time specified by the COR or DOI Access Card Sponsor in order to initiate screening and background investigations. The following forms and inquiries, or their equivalent, will be used to initiate the credentialing process:

- OPM Standard Form 85 or 85P

- OF 306

- National Criminal History Check (NCHC) (local procedures may require the fingerprinting to be done at a police station; in that case, any charges are to be borne by the contractor)

- Release to Obtain Credit Information

- PIV card application (web-based)

H.6.3 Contractor employees must give, and authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government personnel may contact the contractor personnel being screened or investigated in person, by telephone or in writing, and the contractor must ensure they are available for such contact. Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further investigation may not be necessary. In that case, the contactor must provide the COR with documentation that supports the individual’s credentialed status.

H.6.4 Contractor employees who have been successfully adjudicated will be issued DOI Access Cards, which must be activated as a USAccess Credentialing Center. Those contractor employees not located within a reasonable travel time of a USAccess Credentialing Center will be screened and issued alternate credentials, such as temporary access badges.

H.6.5 During performance of the contract, the Contractor must keep the COR apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the COR and Issuing Office within 24 hours. If reissuance of expired credentials is needed, it must be coordinated through the COR.

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At the end of contract performance, or when a contractor employee is no longer working under this contract, the Contractor must ensure that all identification cards are returned to the COR.

H.6.6 This requirement must be incorporated into any subcontracts that require subcontractor personnel to have routine unsupervised access to a federally controlled facility for more than 180 calendar days or any unsupervised access to a federally controlled Level 3 or 4 information system.

H.7 PROPOSED KEY PERSONNEL

Unless specifically deleted in writing by the Contracting Officer at time of award, any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials are hereby incorporated into the contract resulting from the solicitation, and performance shall be limited to individuals, qualifications, firms, procedures, and materials that were specifically identified in proposals or agreed to in negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes.

H.8 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 their 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.

H.9 HAZARDOUS MATERIALS

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

However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

H.10 GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

USDA Biobased product listings published at www.biopreferred.gov.

Energy Star® product listings published at www.energystar.gov/products.

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FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product- categories

Contractor shall comply with all reporting requirements stated in the applicable clause(s):

52.223-1 Biobased Product Certification 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts 52.223-4 Recovered Material Certification 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items 52.223-15 Energy Efficiency in Energy Consuming Products 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction

Contracts

H.11 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under their 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.

H.12 WAGE RATES

Upon acceptance and execution of any task order resulting from an awarded IDIQ contract, applicable wage determination in accordance with the Davis Bacon Act and/or the Service Contract Act shall apply and will be included when required. Each Task Order Proposal Package will contain the wage determination for the project that is being priced.

H.13 GOVERNMENT FURNISHED MATERIALS

Individual task orders may indicate materials that will be supplied to the contractor for reference in performance of the specified tasks. Those materials could include technical data, drawings, specifications, Government standards, procedures, guidelines, instructions, and other materials which will be furnished to the contractor on a loan basis and shall be returned upon completion of the project unless noted otherwise. The contractor shall exercise extreme care while reviewing Government data and materials to prevent their loss or damage.

H.14 EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with FAR 42.1502, the Contractor’s performance will be evaluated upon completion of each Task Order of $700,000 or more; and for each construction contract terminated for default regardless of contract value.

Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. Furthermore, an annual performance evaluation will be prepared prior to the exercise of an option year or termination of the contract.

H.15 INDEMNIFICATION

The contractor is an 'independent contractor' and shall obtain all necessary insurance to protect themself 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 subcontracts to be performed under this contract.

H.16 LSM 1452.237-80 SAFETY, REGULATIONS, LAWS TO BE OBSERVED

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

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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 their 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 their authorized representative(s) at the site 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 their 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 their authorized representative to order discontinuance of any or all of the Contractor’s operations shall not relieve the Contractor of their 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 Section H)

SECTION I--CONTRACT CLAUSES

I.1 IBR Clause

CLAUSES

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):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

I.2 Clauses Incorporated by Reference

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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) 52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020) 52.203-14 Display of Hotline Poster(s) (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of

Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN

2017) 52.204-2 Security Requirements (AUG 1996) Alternate II (APR 1984) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (AUG 2020) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.210-1 Market Research (JUN 2020) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-28 Post Award Small Business Program Rerepresentation (NOV 2020) 52.219-32 Orders Issued Directly Under Small Business Reserves (MAR 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 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) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Pricing

Method) (AUG 2018)

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52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-38 Compliance with Veterans’ Employment Reporting Requirements 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2017) 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 Alt 1 (FEB 2021) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun

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

(JUN 2016)

52.223-15 Energy Efficiency in Energy Consuming Products (MAY 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.223-20 Aerosols (JUN 2016) 52.223-21 Foams. (JUN 2016) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.226-1 Utilization of Indian Organizations 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) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232- 5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984)

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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) 52.236-16 Quantity Surveys (APR 1984)

Alternate 1 (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-2 Subcontracts (JUN 2020) 52.244-6 Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020) 52.245-1 Government Property (JAN 2017) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020)…