Sol_140FC124R0035.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 CALL

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040646371

FWS, Constr A/E 1

FWS, Construction A/E Tea

5275 Leesburg Pike Falls Church VA 22041

FC1

John Ferrall 0000000000

22-009 x 02/21/2024

140FC124R0035

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

Waubay National Wildlife Refuge, Office HVAC - Waubay, South Dakota, Project #

22-009.

The U.S. Fish and Wildlife Service has a construction project with work that requires removal of the existing HVAC equipment/systems at Waubay NWR and installing new high efficiency equipment/systems to connect to existing geothermal systems per the Statement of Work (SOW) and Drawings.

This solicitation is full and open to ALL businesses with an associated NAICS code of 238220 - Plumbing, Heating, and Air-Conditioning Contractors.

This solicitation is for a Firm Fixed Price contract.

This award will be made based on Lowest-Price Technically Acceptable (LPTA) as detailed in FAR 15.101-2. The LPTA process is a simplified best value source selection strategy that permits the best value to the Government resulting from the selection of a technically acceptable proposal with the lowest price. While evaluating quotes utilizing LPTA, price and technical acceptability are the two evaluation factors.

Continued ...

11. The Contractor shall begin performance within

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.)

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

03/15/2024

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. 12/2022)

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 THE UNITED STATES CODE AT

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 solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

FWS, Constr A/E 1 FWS, Construction A/E Tea

5275 Leesburg Pike Falls Church VA 22041

FC1

Rey F. Aragon

28. NEGOTIATED AGREEMENT 29. AWARD

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,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 55

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140FC124R0035

A site-visit is highly recommended and encouraged. Please contact Nicole Heller at (605)

947-4521 or nicole_heller@fws.gov to schedule a site-visit appointment.

The Magnitude of Construction for this project is between $25,000. and $100,000. This will be a

Firm-Fixed-Price contract. A Bid Guarantee is not required.

A Payment Bond (100%) will be required.

Proposals are due by March 15, 2024, by 1700 EDT via e-mail to john_ferrall@fws.gov. All RFI's must be received 10 days prior to the proposal due date.

Solicitation 140FC124R0035 - Office HVAC - Waubay

NWR - Waubay, South Dakota

Delivery: 120 Days After Notice to Proceed

Delivery Location Code: 0008350214

FWS WAUBAY NATIONAL WILDLIFE REFUGE

44401 134A STREET

WAUBAY SD 57273-5301 US

Period of Performance: 04/01/2024 to 07/30/2024

00010 HVAC Replacement

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

Sponsored by GSA

FAR (48 CFR) 53.110

WAUBAY HVAC SOLICITATION NO. 140FC124R0035

FWS

Section Title

Part I—The Schedule

A Solicitation/Contract Form

B Prices

C Description/Specifications/Statement of Work

D Packaging and Marking

E Inspection and Acceptance

F Project Delivery

G Contract Administration Data

H Special Contract Requirements

Part II—Contract Clauses

I Contract Clauses

Part III—List of Documents, Exhibits, and Other Attachments

J List of Attachments

Part IV—Representations and Instructions

K Representations, Certifications, and other Statements of Offerors

L Instructions, Conditions, and Notices to Offerors

M Evaluation Factors for Award

SECTION A – Solicitation Contract Form

See: SF 1442

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

The Contractor shall be required to (a) commence work under this contract within ten (10) 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 One Hundred Twenty (120) calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

(End of Section A)

SECTION B – PRICES (QUOTE SCHEDULE)

Name of Firm: ________________________________________________________________________

Address: ____________________________________________________________________________

City: __________________________________ State: __________ Zip Code: __________________

Unique Entity ID (12 Digits assigned by SAM.gov) __________________ CAGE Code: _______________

Name and Title of Firm’s Point of Contact: _________________________________________________

Phone Number: ________________________ Email Address: _________________________

This requirement is for one (1) Firm Fixed Price Construction contract for HVAC equipment replacement at the Waubay NWR office building at the Waubay NWR in Waubay, South Dakota.

Item no. Item Description Quantity Unit of

Measure Unit Price Total

10 HVAC Replacement 1 LS $ $

GRAND TOTAL $

LS = Lump Sum

(End of Section B)

SECTION C – DESCRIPTION/SPECIFICATIONS/DRAWINGS

See SOW and Drawings Attachments:

Waubay HVAC Replacement, Waubay NWR in Waubay, Day County, SD

(End of Section C)

SECTION D – PACKAGING AND MARKING

D.1.0 PAYMENT OF POSTAGE 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.2.0 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.

D.3.0 CORRESPONDENCE/SUBMITTALS

Contractor initiated correspondence and submittals shall identify the contract number. All information shall be emailed to the addresses found in Section G.

Correspondence: Shall be provided by email to the contract specialist and Contracting Officer

(CO), including all RFI’s.

Product and Material Submittals: During construction, the Contractor shall provide the project

Contracting Officer Representative (COR) the product, and material submittals for all items requiring submittals in the contract specifications.

(End of Section D)

SECTION E – INSPECTION AND ACCEPTANCE

The following clauses are incorporated by reference:

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

52.246-12 Inspection of Construction AUG 1996

QUALITY CONTROL RESPONSIBILITIES

(a) General

The quality control of services provided under this contract shall be based on:

(i) operational requirements and standards contained in this contract;

(ii) (work performance; and

(iii) productivity requirements and standards, and

(iv) (data base information resource development and maintenance standards.

(b) Contractor Quality Control Responsibility The Contractor shall implement and adhere to the quality control plan provided as part of its Technical Proposal. The quality control plan shall be written by the Contractor’s Quality Control

Manager and approved by his/her immediate supervisor.

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

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

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

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

(c) Government Quality Assurance Responsibilities

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

(d) Performance Evaluation Meetings

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

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

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

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements.

The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

or

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

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

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

52.246-21 Warranty of Construction. (MAR 1994)

Pre-Final Inspection

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

Final Inspection

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

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

Inspection

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

(b) For the purpose of this clause, Christopher Hooley (Field Inspector) is the authorized representative of the Contracting Officer.

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

(End of Section E)

SECTION F – PROJECT DELIVERY

F.1.0 PERIOD OF PERFORMANCE

See clause 52.211-10 in this section.

Do not start ground disturbing activities prior to May 1st, 2024, unless approved by the CO. The Contractor shall coordinate the construction start date with the Contracting Officer. The project shall be completed and available for use within 90 calendar days from the date the Notice to Proceed (NTP) is issued.

F.2.0 PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

52.242-14 SUSPENSION OF WORK APR 1984

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

The following clauses are provided in full text:

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

(c) complete the entire work ready for use not later than ninety (90) days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

1. CONTRACT REPRESENTATIVES

Contracting Officer (CO) responsible for this contract: Rey Aragon Construction | A&E Team 1 Joint Administrative Operations | U.S. Fish and Wildlife Service 500 Gold Ave SW |

PO BOX 1306

Albuquerque, New Mexico 87103 Rey_Aragon@fws.gov Telephone Number: 505/248-6792

Contracting Specialist (CS) responsible for this contract: Drew Ferrall Construction | A&E Team 1 Joint Administrative Operations | U.S. Fish and Wildlife Service Remote: john_ferrall@fws.gov | Teams

Contracting Officer's Technical Representative (COR/COTR) for this contract: TBD U.S. Fish and Wildlife Service Architect/ Civil Engineer Telephone Number:

Cell Number:

Field Inspector (FI) for this contract: Nicole Heller Waubay NWR 44401 134 A Street Waubay, SD 57273 nicole_heller@fws.gov

(605) 947-4521

2. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE – LIAISON

mailto:john_ferrall@fws.gov

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

3. JOB SITE ADMINISTRATION

The Government will designate a FI who will be available at the site to inspect the work as it progresses. The FI will prepare an Inspector's Daily Log, beginning with the first day of the construction contract, detailing ground and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties. Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures. It is expected on this project the contractor will send weekly pictures and reports to COTR and CO.

At the end of every day of work on this contract, the Contractor's Superintendent, as defined below, shall contact the FI, review the daily log, and sign as the Contractor's representative.

Unless the Contractor's Superintendent makes notations to the contrary on the daily log, the log shall be presumed to be accurate. The FI is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor's Superintendent must contact the COTR regarding such decisions and directions. The Contractor shall have a competent superintendent (hereinafter referred to as the "Contractor's Superintendent") who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor's behalf; and (iii) be present on the job site at all times when contract work is being performed. (See Superintendence by the Contractor, Section I, FAR 52.236-6 (APR 1984).

4. DOI ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING

PLATFORM (IPP) (APR 2013)

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

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

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

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

2. Prime and subcontractor certified payrolls and Statement of Compliance in accordance with clause 52.222-8.

3. If a partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

https://www.ipp.gov/

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

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

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

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

(End of Local Clause)

FWS R2 Construction Progress Payment Procedures Clause

Before submitting FWS Application and Certificate for Payment Form, the contractor must follow the below steps, as to not have the payment rejected, due to errors contained in the payment request, and delay the payment process.

Step 1. Contractor submits a draft progress payment using FWS Application for Construction Progress Payment Form to the Contracting Officer for review, who will be responsible to get the form to the Field Inspector (FI) and Contracting Officer’s Technical Representative (COTR) for preliminary review.

Step 2. Once the Field Inspector (FI) and Contracting Officer’s Technical Representative (COTR) finish their review they will sign his or hers portion of the payment application.

Step 3. Upon receipt of the FI and COTR signed approvals for payment application, the contractor will sign the FWS Application and Certificate for Payment form and load the fully signed approval form into the IPP system.

Step 4. Once the CO receives the contractor’s payment application, he or she will review contractor’s payment application in accordance with the contract terms and conditions and either approve payment request or disapprove payment request or withhold 10%, if progress or quality problems remain uncorrected.

Step 5. Once CO approves payment request it will be forwarded to the USFWS Denver Operation Office for further review and for payment to the contractor’s bank via electronic funds transfer (EFT) procedures.

Step 6. Ten (10) days prior to completion of all construction under the terms and conditions of the contract, the contractor will send an e-mail requesting a Final Inspection to the COTR, and FI with a copy of the request e-mailed to the CO.

Once the COTR and FI approve the final inspection request, a time and date will be set by the COTR and FI to perform the final inspection.

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

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

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

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

If there are issues present in which cannot be resolved at the FI and COTR level, the contractor, FI and COTR will e-mail CO of the issues for resolution.

Step 7. When all punch-list items have been completed, if any, the contractor will notify by e-mail the FI, COTR and CO stating all punch-list items have been correct and request the FI and COTR verify completion of the corrected punch-list items.

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

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

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

(c) The COTR and FI are not authorized to perform, formally or informally, any of the following actions:

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

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

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

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

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

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

The Contractor need not proceed with direction that it considers having been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COTR or FI has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COTR's or FI's appointment, within 3 days of the occurrence.

Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph

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

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

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

(End of Section G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1.0 WORK HOURS

1. Normal working hours for Facility Staff are from 7:00 AM to 3:30 PM Monday through Friday (except for special events).

2. Contractor allowable work hours are 7:00 AM to 6:00 PM Monday through Friday.

3. Work on weekends is acceptable from 8:00 am to 6:00 pm. However, any work on weekends must be scheduled in advance and must be approved by the Contracting Officer and is also at the Station Managers discretion and availability.

4. No work will take place over Federally observed holidays.

H.2.0 UTILITIES

Electric, Water, and Bathroom Facilities are available during normal business working hours of 7:00 AM to 6:00 PM, Monday through Friday.

H3.0 SAFETY

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

b. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations, as found in 29 CFR 1910 and 1926, which are applicable to the construction project, including requirements set forth within solicitation provisions and contract clauses.

In addition to OSHA safety standards, the Contractor shall also adhere to all current local, federal, and state safety requirements. In the event where any safety standard referenced herein conflicts with another, the more stringent shall govern.

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

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

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

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

H.4.0 ENVIRONMENTAL

The contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws:

the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA);

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

H.4.1 ENVIRONMENTAL INTERRUPTION OF WORK

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

H.4.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, are discovered to be present in or adjacent to the project area.

H.5.0 PROGRESS MEETINGS

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

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

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

H.6.0 SUBMITTALS

FWS-R2-Contractor Submittal Clause

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

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

• Contractor must integrate the submittal process into his QC Plan.

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

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

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

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

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

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

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

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

The contractor shall email to: -COTR-TBD: Copy- Contracting Specialist, Drew Ferrall at john_ferrall@fws.gov.

The COTR may require the contractor to submit certificates, manufacturing brochures, etc...for the purposes of informational review and as support to submittal approval process. Typical submittals are categorized into the following submittal identifications:

• Preconstruction Submittals

• Shop Drawings

• Product Data

• Samples

• Design Data

• Test Reports

• Certificates

• Manufacturer’s Instructions

• Manufacturer’s Field Reports

• Operation and Maintenance Data

• Closeout Submittals

H.7.0 CONTRACT DRAWINGS AND SPECIFICATIONS

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

b. The Contractor shall:

(1) Check all drawings furnished immediately upon receipt.

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

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

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

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

mailto:john_ferrall@fws.gov

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

H.8.0 "AS BUILT" RECORD DRAWINGS

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

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

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

H.9.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

H.9.1 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.9.2 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.9.3 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 Section I of this contract.

H.9.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

H.10.0 SUBSTITUTION – PROCESSION OF WORK

Any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures, or materials included in the quotation are hereby incorporated into the contract. Performance shall be limited to the personnel, qualifications, firms, procedures, and materials that were specifically identified in the RFQ response. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes. All substitutions or replacements shall comply with the terms and conditions of the contract.

H.11.0 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 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.12.0 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is unexpectedly 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.13.0 GREEN PROCUREMENT REQUIREMENTS

In the performance of this construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, as 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.

http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products

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

Contractor shall comply with all reporting requirements of the following clauses when applicable (See Clause and Provision sections):

• 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.14.0 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under their jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted 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.15.0 APPLICABLE WAGE RATE DECISION

The Secretary of Labor…