Sol_140FGA26R0023.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF

SEALED BID (IFB) INVITATION FOR BID

9. FOR

INFORMATION CALL

PAGES

140FGA26R0023

FWS GAOA

FWS, GAOA

5275 Leesburg Pike Falls Church VA 22041

0044043673

FGA

Justine Coleman 4132538287

07/01/2026

07/31/2026

15 60

This opportunity is only available to Small Businesses. The U.S. Fish & Wildlife Service has a requirement for the replacement of boat ramps at Kirwin National Wildlife Refuge at Kirwin NWR. This requirement is being procured in accordance with FAR Part 15, Contracting by Negotiation.

Project Description: Boat Ramp Replacement Project at Kirwin NWR

Location:

Kirwin NWR (National Wildlife Refuge)

702 E. Xavier Road

Kirwin, KS 67644

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.

Contract Type: Firm-Fixed Price

Continued...

1 32

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Continued...

AMENDMENT

NUMBER

DATE.

FWS GAOA

FWS, GAOA

5275 Leesburg Pike Falls Church VA 22041

FGA

Justine Coleman

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

Project Magnitude: Between $500K and $1M

Period of Performance: 60 Days After Receipt of NTP

Wage Rates:

General Wage Rate Decision Number: KS20260037

State and County: Phillips County, KS

Construction Type: Heavy

Site Visit Date/Time/Address:

10AM CST Wednesday, July 15 at the Project

Location detailed above

Site Visit Contact: CO Justine Coleman, Justine_coleman@ios.doi.gov

Questions Due Date: 5PM PST - Wednesday, July

Response Due Date: 12:00 PM PST - Friday, July

Proposal Acceptance Period: Must be valid for

30 days

Bonds:

A bid bond is not required.

Contractors are reminded that any amount awarded over $35,000 requires submission of a

Payment Bond. Any amount over $150,000.00 requires both payment and performance bonds.

Bonds are due no later than 10 calendar days after award. Based on the project magnitude, both payment and performance bonds will be required.

Basis for Award: Tradeoff - Best Value

Questions and Proposals should only be submitted to the CO. All communications should be sent to justine_coleman@ios.doi.gov. --

Please disregard email address justine_pasiecnik@fws.gov, all emails should go to justine_coleman@ios.doi.gov.

Delivery: 08/31/2026

Delivery Location Code: 0011280434

Continued...

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

FWS KIRWIN NATIONAL WILDLIFE REFUGE

702 EAST XAVIER ROAD

KIRWIN KS 67644-3505 US

Period of Performance: 08/01/2026 to

10/15/2026

00010 South Shore North Boat Ramp

00020 South Shore South Boat Ramp

00030 North Shore Boat Ramp

00040 Concrete Dock (Bulkhead)

Solicitation Provisions and Clauses

DOI

1Solicitation No: 140FGA26R0010

Part I – The Schedule

Section A – Solicitation/Contract Form

• SF 1442 – Solicitation, Offer, and Award

--END OF SECTION A--

Section B – Supplies or Services and Prices/Costs

• See Attached Price Schedule or SF 1442

--END OF SECTION B--

Section C – Description/Specifications/Statement of Work

• Construction Statement of Work (SOW) – See Section J for list of attachments

--END OF SECTION C--

Section D – Packaging and Marking

D.1 PAYMENT OF POSTAGE AND FEES

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

D.2 MARKING

Solicitation Number: 140FGA26R0023

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

--END OF SECTION D--

Section E – Inspection and Acceptance FAR Clause Description Date FAR 52.246-12 Inspection of Construction AUG 1996 FAR 52.246-21 Warranty of Construction MAR 1994

--END OF SECTION E--

Section F – Deliveries or Performance FAR Clause Description Date FAR 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 FAR 52.211-12 Liquidated Damages – Construction SEPT 2000 FAR 52.242-14 Suspension of Work APR 1984

--END OF SECTION F--

2Solicitation No: 140FGA26R0010

Section G – Contract Administration Data

G.1 CONTRACTING STAFF

Contracting Officer

Justine Coleman Contracting Specialist, Construction/A&E Operations Joint Administrative Operations| U.S. Fish & Wildlife Service Justine_coleman@ios.doi.gov

G.2 DEFINITIONS

CONTRACTING OFFICER’S REPRESENTATIVE

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.

PROJECT INSPECTOR

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

G.3 PROVISIONS AND CLAUSES IN FULL TEXT

- DIAR 1452.201-70 - AUTHORITIES AND DELEGATIONS (SEPT 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

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

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

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

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

(4) Terminate, for any reason, the Contractor's right to proceed; (5) Obligate in any way, the payment of money by the Government.

(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 COR has taken an action or has issued direction (written or oral) that the Contractor considers

3Solicitation No: 140FGA26R0010 exceeding 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.

(End of Clause)

- 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.

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)

G.4 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

4Solicitation No: 140FGA26R0010

(a) For each construction contracts of $900,000 or more, and for each contract terminated for default regardless of the contract value, the U.S. Department of Interior or Forest Service will submit an electronic record of contractor performance on this contract in the Contract Performance Assessment Reporting System (CPARS) at https://www.cpars.gov/. The DOI/FS 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 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 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 the Contractor agrees with the evaluation, before returning the report to the Government 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 de tailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

The CPARS User Manual, registration for Online Training for Contractor Representatives, and a practice application may also be found at this site.

(e) Within 60 days after the end of a performance peri od, the Government Assessing Official (AO) for the contract will complete an interim or final past performance evaluation, and the report will be accessible at https://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 by 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 past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CP ARS. 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.

5Solicitation No: 140FGA26R0010

(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 DOI/FS submits an evaluation to CPARS.

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

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

(End of clause)

--END OF SECTION G--

Section H – Special Contract Requirements

H.1 PROJECT MANAGEMENT

The Contractor shall have a competent Project Manager on-site for this contract, to supervise all phases of the contract, for the duration of on-site performance and until final inspection and acceptance of the work.

The Project Manager shall have the authority to act for the contractor, and their name shall be submitted in writing to the Contracting Officer. The contractor shall be responsible for the actions of the Project

Manager who is acting on their behalf. Notification of deficiencies and problems, made to the Project Manager by the Government, shall effectively be notice to the Contractor of those deficiencies and problems.

H.2 SPECIAL CONTRACT REQUIREMENTS

H.2.1 Rights of Entry

The Contractor shall obtain all necessary permission and permits to enter private property to make ground surveys, establish reference points, and 'set' monuments. The Contractor shall assume responsibility for damage to property because of its actions in performing work under this contract.

H.2.2 Damages

a. The Contractor shall assume all risks of injury to persons or property in connection with the performance of work under this contract and shall indemnify and save harmless the Government against all claims, causes of action, cost and expense, because of bodily injuries or death or damages to property arising from work activities of the Contractor.

b. The Contractor shall not cut, remove, or knock down fences or leave any gate open without specific permission of the landowner 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 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.

6Solicitation No: 140FGA26R0010

H.2.3 Accident Prevention

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

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

H.2.4 Clean-Up

a. Except for monuments, witness posts and reference posts established by the Contractor, in accordance with the provisions of the contract, the Contractor shall remove all flags, markers, paneling, targets, stakes, rubbish, unused material, and any other materials belonging to the Contractor or used under the Contractor's direction during the performance of work under this Contract.

b. In the event the Contractor does not remove all materials and in terms discussed above, the Government may remove those items at the expense of the Contractor. Any monies due the contractor may be offset by reasonable charges for this removal. If sureties are involved, they may also be liable for the costs for this removal effort.

H.2.5 Meetings and Progress Reports

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

b. The Contractor shall submit a monthly report summarizing work completed operations in progress, and schedule of future activities. The reports should discuss both field activities and office activities and should 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 as needed basis.

H.2.6 Special Instructions

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

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

H.3 WORK HOURS

Will be established by the on-site staff during post award. Hours are typically sunrise to sundown. Special accommodation can be requested.

H.4 DRAWINGS

H.4.1 Typical Drawings

7Solicitation No: 140FGA26R0010

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 this package 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 because 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 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 am ended (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 subcontract or regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

H.7 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional

8Solicitation No: 140FGA26R0010 protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor 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.8 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. People in violation of the above will be apprehended and appropriately disciplined.

H.9 WAGE RATES

Davis Bacon Wage Rate Determinations are applicable throughout the life of the contract and can be found at https://sam.gov.

H.10 GOVERNMENT FURNISHED MATERIALS

Government standards, procedures, guidelines, instructions, and other materials which will be furnished to the contractor on a loan basis and shall be returned upon completion of the project unless noted otherwise. The contractor shall exercise extreme care while reviewing Government data and materials to prevent their loss or damage.

H.11 INDEMNIFICATION

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

--END OF SECTION H--

Part II – Contract Clauses

Section I – FAR/DIAR Contract Clauses FAR Clause Description Date FAR 52.202-1 Definitions JUN 2020 FAR 52.203-3 Gratuities APR 1984 https://sam.gov/

9Solicitation No: 140FGA26R0010

FAR 52.203-5 Covenant Against Contingent Fees MAY 2014 FAR 52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020 FAR 52.203-7 Anti-Kickback Procedures JUN 2020 FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 FAR 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

JUN 2020

FAR 52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 FAR 52.203-14 Display of Hotline Poster(s) NOV 2021 FAR 52.203-17 Contractor Employee Whistleblower Rights & Requirements to

Inform Employees of Whistleblower Rights

NOV 2023

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

FAR 52.204-2 Security Requirements Alternate II MAR 2021 /

APR 1984

FAR 52.204-10 Reporting Executive Compensation JUN 2020 FAR 52.204-13 System for Award Management Maintenance OCT 2018 FAR 52.204-14 Service Contract Reporting Requirements OCT 2016 FAR 52.204-15 Service Contract Reporting Requirements for Indefinite Delivery

Contracts

OCT 2016

FAR 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 FAR 52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services by Kaspersky Lab

DEC 2023

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

FAR 52.209-6 Protecting the Government’s Interests JAN 2025 FAR 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

FAR 52.210-1 Market Research NOV 2021 FAR 52.215-2 Audit and Records -- Negotiation JUN 2020 FAR 52.215-8 Order of Precedence—Uniform Contract Format OCT 1997 FAR 52.219-6 Notice of SB Set-Aside NOV 2020 FAR 52.219-8 Utilization of Small Business Concerns JAN 2025 FAR 52.219-14 Limitations on Subcontracting OCT 2022 FAR 52.219-28 Post Award Small Business Program Rerepresentation JAN 2025 FAR 52.219-32 Orders Issued Directly Under Small Business Reserves SEP 2021 FAR 52.222-3 Convict Labor JUN 2003 FAR 52.222-4 Contract Work Hours and Safety Standards -- Overtime

Compensation

MAY 2018

FAR 52.222-6 Construction Wage Rate Requirements AUG 2018 FAR 52.222-7 Withholding of Funds MAY 2014 FAR 52.222-8 Payrolls and Basic Records JUL 2021 FAR 52.222-9 Apprentices and Trainees JUL 2005 FAR 52.222-10 Compliance with Copeland Act Requirements FEB 1988 FAR 52.222-11 Subcontracts (Labor Standards) MAY 2014 FAR 52.222-12 Contract Termination - Debarment MAY 2014 FAR 52.222-13 Compliance with Construction Wage Rate Requirements and

Related Regulations

MAY 2014

FAR 52.222-14 Disputes Concerning Labor Standards FEB 1988 FAR 52.222-15 Certification of Eligibility MAY 2014 FAR 52.222-30 Construction Wage Rate Requirements-Price Adjustment AUG 2018

10Solicitation No: 140FGA26R0010

FAR 52.222-35 Equal Opportunity for Veterans JUN 2020 FAR 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 FAR 52.222-37 Employment Reports on Veterans JUN 2020 FAR 52.222-40 Notification of Employee Rights Under National Labor Relations

Act

DEC 2010

FAR 52.222-50 Combating Trafficking in Persons OCT 2025 FAR 52.222-54 Employment Eligibility Verification JAN 2025 FAR 52.222-55 Minimum Wages under Executive Order 13658 JAN 2022 FAR 52.222-62 Paid Sick Leave under Executive Order 13706 JAN 2022 FAR 52.223-2 Reporting of Biobased Products (DEVIATION FEB 2025) MAY 2024 FAR 52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021 FAR 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 FAR 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners

MAY 2024

FAR 52.223-20 Aerosols MAY 2024 FAR 52.223-21 Foams MAY 2024 FAR 52.225-9 Buy American – Construction Materials OCT 2022 FAR 52.225-11 Buy American-Construction Materials under Trade Agreements. NOV 2023 FAR 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic

Enterprises

JUN 2000

FAR 52.227-1 Authorization and Consent JUN 2020 FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement

JUN 2020

FAR 52.227-4 Patent Indemnity -- Construction Contracts DEC 2007 FAR 52.228-2 Additional Bond Security OCT 1997 FAR 52.228-5 Insurance – Work on a Government Installation JAN 1997 FAR 52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022 FAR 52.228-14 Irrevocable Letter of Credit NOV 2014 FAR 52.229-2 North Carolina State and Local Sales and Use Tax APR 1984 FAR 52.229-3 Federal, State, and Local Taxes FEB 2013 FAR 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 FAR 52.232-17 Interest MAY 2014 FAR 52.232-23 Assignment of Claims MAY 2014 FAR 52.232-27 Prompt Payment for Construction Contracts JAN 2017 FAR 52.232-33 Payment by Electronic Funds Transfer – SAM OCT 2018 FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 FAR 52.233-1 Disputes MAY 2014 FAR 52.233-3 Protest after Award AUG 1996 FAR 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 FAR 52.236-1 Performance of Work by the Contractor APR 1984 FAR 52.236-2 Differing Site Conditions APR 1984 FAR 52.236-3 Site Investigation APR 1984 FAR 52.236-5 Material and Workmanship APR 1984 FAR 52.236-6 Superintendence by the Contractor APR 1984 FAR 52.236-7 Permits and Responsibilities NOV 1991 FAR 52.236-8 Other Contracts APR 1984 FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

FAR 52.236-10 Operations and Storage Areas APR 1984 FAR 52.236-11 Use and Possession Prior to Completion APR 1984 FAR 52.236-12 Cleaning Up APR 1984 FAR 52.236-13 Accident Prevention NOV 1991 FAR 52.236-14 Availability and Use of Utility Services APR 1984

11Solicitation No: 140FGA26R0010

FAR 52.236-15 Schedules for Construction Contracts APR 1984 FAR 52.236-16 Quantity Surveys APR 1984 FAR 52.236-17 Layout of Work APR 1984 FAR 52.236-21 Specifications and Drawings FEB 1997 FAR 52.237-4 Payment by Government to Contractor APR 1984 FAR 52.242-13 Bankruptcy JUL 1995 FAR 52.243-4 Changes JUN 2007 FAR 52.244-2 Subcontracts JUN 2020 FAR 52.244-6 Subcontracts for Commercial Items OCT 2025 FAR 52.245-1 Government Property SEP 2021 FAR 52.245-9 Use and Charges APR 2012 FAR 52.246-21 Warranty of Construction MAR 1994 FAR 52.248-3 Value Engineering – Construction OCT 2025 FAR 52.249-2 Termination for Convenience (Fixed-Price) APR 2012 FAR 52.249-3 Termination for Convenience (Dismantling, Demolition, or

Removal of Improvements)

APR 2012

FAR 52.249-10 Default (Fixed-Price Construction) APR 1984 FAR 52.252-2 Clauses Incorporated by Reference FEB 1998 FAR 52.253-1 Computer Generated Forms JAN 1991

I.3 Clauses incorporated by Full Text

- FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders – Prohibition (DEC 2023)

1. Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

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12Solicitation No: 140FGA26R0010

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source.

This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

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13Solicitation No: 140FGA26R0010

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

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14Solicitation No: 140FGA26R0010

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of…