Sol_140FGA24R0008.pdf

United States Department of the Interior

FISH AND WILDLIFE SERVICE

JOINT ADMINISTRATIVE OPERATIONS | U.S. Fish & Wildlife Service Great American Outdoors Act (GAOA) Construction/A&E Acquisition Operations

NOTICE TO OFFERORS

Solicitation Number: 140FGA24R0008

Description: Project for the Design, Construction, and Rehabilitation of Upper Lake Dam to provide for Modernizations, Water Management Improvements, and All Associated Appurtenances at Pahranagat NW

General Information:

Proposal Due Date: July 26, 2024 @ 12:00CST Question cut‐off date: 10 calendar days prior to the proposal response due date – (COB July 16, 2024) Set‐Aside: Total Small Business Set‐Aside NAICS Codes: 237990 – Other Heavy and Civil Engineering Construction Small Business Size Standard ‐ $45 million dollars

Instruction to Offerors:

Before submitting an offer, please read the entire solicitation package carefully. In order for an offerors proposal to be considered for award, the following documents MUST be included in your phase one proposal:

Identifying cover page (limited to 1 page)

Table of Contents

SF 1442 signed

Acknowledgment of Amendments if applicable (signed copies of the SF 30)

Technical Approach and Work Plan (Maximum 15 pages – 10 pages for Technical Approach and 5 for Work Plan)

Past Performance (Maximum 5 pages)

Offerors Capacity (Maximum 2 pages)

Offeror Identification Page (Required Data Entry Form) (1 Page)

Interested contractors must be registered in SAM (System for Award Management, www.sam.gov) and complete online representations and certifications before the solicitation response due date.

Basis for Award:

FAR Part 36.3 – Two Phase Design Build Selection Procedures FAR Part 15 – Best Value ‐ Trade‐Off. Evaluation Factors as detailed in Section M.

For Further Information:

Solicitation Contact:

Justine Coleman, will be your main point of contact for this solicitation. She can be reached at Justine_Coleman@fws.gov

Any and all questions should be submitted via email only; no verbal questions will be accepted.

Please be sure to include the solicitation number in your email proposal and in the subject line of any email submitted.

(Example: 140FGA24R0008 – Upper Lake Dam Project – Proposal/Question)

Nothing in this solicitation is changed unless an amendment is posted in www.SAM.gov as an amendment prior your submission of your proposal.

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)

0040651248

FWS GAOA

FWS, GAOA

5275 Leesburg Pike Falls Church VA 22041

FGA

Justine Coleman justine_coleman@fws.gov

Justine Coleman 4132538287

140FGA24R0008

x 06/25/2024

140FGA24R0008

INVITATION FOR BID

REQUEST FOR PROPOSAL

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 Design, Construction, and Rehabilitation of Upper

Lake Dam to provide for Modernizations, Water Management Improvements, and All

Associated Appurtenances. The Upper Lake Dam consists of Pahranagat Drain Inlet, access system, water monitoring system, (2) existing 24-inch diameter emergency water conveyance culverts, an open ditch water delivery system, a closed pipe water delivery system, approximately (7) water control structures / culvert structures, water monitoring stations and instrumentation, grassland habitat and riparian habitat.

Pahranagat National Wildlife Refuge (PNWR) is located at Mile Post 32, Highway 93, Alamo, NV, 89001 (Project Coordinates: 37.286806°, -115.120787°.).

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 a

Best Value: Tradeoff Evaluation.

The NAICS code is 237990 - Other Heavy and Civil Engineering Construction and the size standard is $45 million. The project magnitude is over $10,000,000.

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.)

15 975 calendar days and complete it within ________________ ________________ calendar days after receiving

07/26/2024

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 GAOA

FWS, GAOA

5275 Leesburg Pike Falls Church VA 22041

FGA

Justine Coleman

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 62

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140FGA24R0008

The work will commence within 15 days of Notice to Proceed and be completed by the agreed upon date at the time of award.

Bonding Requirements: 20% Bid Bond, 100% Payment

Bond, 100% Performance Bond

Direct questions in writing via email ONLY to

Justine Coleman at Justine_coleman@fws.gov.

Delivery Location Code: 0008350453

FWS PAHRANAGAT NWR

P.O. BOX 510

Hwy 93N - Milepost 32

ALAMO NV 89001-0510 US

Period of Performance: 10/01/2024 to 02/01/2027

00010 Design/Build Pahranagat NWR Dam Project

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

Sponsored by GSA

FAR (48 CFR) 53.110

140FGA24R0008 – Design-Build Project at Pahranagat NWR

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Solicitation 140FGA24R0008

Project for the Design, Construction, and Rehabilitation of Upper Lake Dam to provide for Modernizations, Water Management Improvements, and All Associated Appurtenances.

Table of Contents

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

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SECTION B – SERVICES/PRICE SCHEDULE

B.1 BRIEF DESCRIPTION OF SERVICES

T he U.S. Fish & Wildlife Service, Great American Outdoors Act Construction Team, has a requirement for the Design, Construction, and Rehabilitation of Upper Lake Dam to provide for Modernizations, Water Management Improvements, and All Associated Appurtenances. The Upper Lake Dam consists of Pahranagat Drain Inlet, access system, water monitoring system, (2) existing 24‐inch diameter emergency water conveyance culverts, an open ditch water delivery system, a closed pipe water delivery system, approximately (7) water control structures / culvert structures, water monitoring stations and instrumentation, grassland habitat, and riparian habitat. Pahranagat National Wildlife Refuge (PNWR) is located at Mile Post 32, Highway 93, Alamo, NV, 89001 (Project Coordinates: 37.286806°, ‐115.120787°.).

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)

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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.

See Attachments

(End of Section C)

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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)

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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)

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SECTION F‐‐DELIVERIES OR PERFORMANCE

CLAUSES BY REFERENCE

52.236‐15 Schedules for Construction Contracts (Apr 1984) 52.242‐14 Suspension of Work (Apr 1984)

CLAUSES BY 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 February 1, 2027. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

(End of Section F)

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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 Coleman Contracting Officer, Construction/A&E Operations Joint Administrative Operations | U.S. Fish & Wildlife Service Justine_Coleman@fws.gov

All communications, after the contract has been awarded, in regards to the technical aspects of this project:

Contracting Officer's Representative Name:

Zach Spruell Project Manager, COR D: (503) 231‐2396 C: (503) 781‐7487 Zach_spruell@fws.gov

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;

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

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

The Contractor need not proceed with direction that it considers to have been issued without proper authority.

The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the 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 $750,000 or more, and for each construct terminated for default regardless of the contract value, the U.S. Fish and Wildlife Service (FWS) 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.gov. 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

9 | P a g e http://www.cpars.gov. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in CPARS and your comments must focus on objective facts in the AO's rating, narrative and your performance of the contract. In addition to the ratings and supporting narratives, review the accuracy of all information in the evaluation, as it includes key fields that will be used by the Government to identify the Contractor in future source selection actions. If you elect not to provide comments, acknowledge receipt of the evaluation by indicating "No comment" in Block 22 along with signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the 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)

G.7 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

Electronic Invoicing and Payment Requirements ‐ Invoice Processing Platform (IPP) (Feb 2021)

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

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

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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)

(End of Section G)

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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 DESIGN‐BUILD CONTRACTS

(a) General.

(1) The contract constitutes and defines the entire agreement between the Contractor and the Government.

This contract includes the standard or special contract clauses and schedules included at the time of award. This contract incorporates by reference:

(i) The solicitation in its entirety (with the exception of instructions to offerors and evaluation criteria which do not become part of the award document);

(ii) The specifications and statement of work;

(iii) All drawings, cuts and illustrations, included in the solicitation and any amendments during all proposal phases leading up to award;

(iv) Exhibits and other attachments; and

(v) The successful Offeror's accepted proposal.

(2) In the event of conflict or inconsistency between any of the requirements of the various portions of this contract, precedence shall be given in the following order:

(i) Betterments: Any portions of the Offeror's proposal which exceed the requirements of the solicitation and which go beyond repair and improve the value of the property.

(ii) The contract clauses and schedules included during the solicitation or at the time of award.

(iii) All requirements (other than betterments) of the accepted proposal.

(iv) Any design products, including but not limited to plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and are not part of the contract itself.

(3) Design products must conform to all requirements of the contract, in the order of precedence stated here.

(b) Personnel, subcontractors, and outside associates or consultants. In connection with this contract, any in‐ house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in‐house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

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(c) Responsibility of the contractor for design.

(1) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non‐construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non‐construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(2) Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of these services furnished under this contract.

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

(4) If the Contractor is comprised of more than one legal entity each such entity shall be jointly and severally liable with respect to all rights and remedies of the Government.

(d) Sequence of design ‐ construction.

(1) After receipt of the Contract Award, the Contractor shall initiate design, comply with all design submission requirements, and obtain Government review of each submission. No construction may be started until the Government reviews the Final Design submission and determines it satisfactory for purposes of beginning construction. The Contracting Officer will notify the Contractor when the design is cleared for construction. The Government will not grant any time extension for any design resubmittal required when, in the opinion of the Contracting Officer, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

(2) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for any completed or in‐progress construction related to the pending revisions until they are completed, resubmitted, and are satisfactory to the Government.

(3) No payment will be made for any completed or in‐progress construction until all required submittals have been made, reviewed, and are satisfactory to the Government.

(e) Constructor's role during design. The Contractor's construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the constructor's involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast‐tracking design and construction (within the limits, if any, allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction Quality Control (QC) program with the design QC program, and maintaining and providing the design team with accurate, up‐to‐date redline and as‐built documentation. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

(f) Deviating from the Accepted Design. The Contractor must obtain the approval of the Designer of Record and the Government's concurrence, in the form of supplemental agreement to the contract, for any Contractor‐proposed revision to the professionally stamped‐and‐sealed and Government‐reviewed final design that has been released for Construction before proceeding with the revision. The Government reserves the right to disapprove such a revision.

(1) The Government reserves the right to non‐concur with any revision to the final design that has been

13 | P a g e released for construction, including those which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed design.

(2) Any Contractor‐proposed revision to the design which deviates from the contract requirements (i.e., the Request for Proposal (RFP) and the accepted proposal), will require a bilateral modification (e.g.

supplemental agreement) to the contract before any work commences.

(3) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(4) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as‐built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as‐builts for any revisions in the stamped and sealed drawings and specifications.

(g) Value Engineering after Award. In reference to Federal Acquisition Regulation (FAR) 52.248‐3, Value Engineering ‐ Construction, the Government may refuse to entertain a "Value Engineering Change Proposal" (VECP) for those "performance oriented" aspects of the Solicitation documents which were addressed in the Contractor's accepted contract proposal and which were evaluated in competition with other offerors for award of this contract.

(1) The Government may consider a VECP for those "prescriptive" aspects of the Solicitation documents, not addressed in the Contractor's accepted contract proposal or addressed but evaluated only for minimum conformance with the Solicitation requirements.

2) For purposes of this clause, the term "performance oriented" refers to those aspects of the design criteria or other contract requirements, which allow the offeror or Contractor certain latitude, choice of and flexibility to propose in its accepted proposal a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

(3) In contrast, for purposes of this clause, the term "prescriptive" refers to those aspects of the design criteria or other Solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific material, approaches, systems, and/or processes to be used. Prescriptive aspects typically allow the offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation, or any other approach to fulfill the contract requirements.

(h) Warranty of Design. The Contractor warrants that the design shall be performed in accordance with the contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph c of this clause, Responsibility of the Contractor for Design.

(1) The period of this warranty shall commence upon final completion and the Government's acceptance of the work, or in the case of the Government's beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

(i) Payment for design under fixed‐price design‐build contracts.

(1) The Contracting Officer may approve progress payments for work performed during the project design phase up to the maximum amount of four (4) percent of the contract price.

(2) Contractor invoices for payment must be accompanied by satisfactory documentation supporting the amounts for which payments are requested. Progress payments approved by the Contracting Officer during the project design phase in no way constitute an acceptance of functional and aesthetic design elements nor acceptance of a final settlement amount in the event of a buy‐out nor a waiver of any contractual

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H.2.2 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.2.3 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.

H.2.4 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.2.5 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.2.6 Meetings and Progress Reports

a. During the execution of field operations under this contract, the Contractor shall meet periodically with the Contracting Officer or the COR at the site at mutually agreed times. The purpose of the meetings is to obtain information on the progress of the 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.2.7 Special Instructions

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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.

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.

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 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)

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‐ Release to Obtain Credit Information ‐ PIV card application (web‐based)

H.6.2 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.6.3 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.6.4 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.

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.6.5 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

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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.

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

Applicable wage determination in accordance with the Davis Bacon Act shall apply and will be included when required. Please review award document for the applicable wage rates and have them posted on the job site at all times.

H.13 INDEMNIFICATION

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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…