Sol_140FGA26R0037.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

140FGA26R0037

FWS GAOA

FWS, GAOA

5275 Leesburg Pike Falls Church VA 22041 johnny_luang-khot@ios.doi.gov

0044047193

FGA

Johnny Luang-Khot 7033582313

07/24/2026

08/14/2026

10 50

-Statement of Work (9 pages)

-Wage Determination OH20260095 (6 pages)

1 45

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

Ryan Boisvert

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

140FGA26R0037

Period of Performance: 09/01/2026 to

10/31/2026

00010 Crack fill, seal, and paint Ottawa NWR Parking

Lot

Ottawa Parking Lots SOLICITATION NO. 140FGA26R0037

FWS

Section Title

Part I—The Schedule

A Solicitation/Contract Form

B Prices

C Description/Specifications/Statement of Work

D Packaging and Marking

E Inspection and Acceptance

F Project Delivery

G Contract Administration Data

H Special Contract Requirements

Part II—Contract Clauses

I Contract Clauses

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

J List of Attachments

Part IV—Representations and Instructions

K Representations, Certifications, and other Statements of Offerors

L Instructions, Conditions, and Notices to Offerors

M Evaluation Factors for Award

Be advised that the controlling law regarding certain terms and conditions of this agreement remains unsettled by the Federal judiciary at the time of award and will be enforced only to the extent permitted by law. Notice will be provided regarding the legal outcomes that impact your agreement.

SECTION B – PRICES (QUOTE SCHEDULE)

Name of Firm: _______________________________________________________________________

Address: ___________________________________________________________________________

City: __________________________________ State: ___________ Zip Code: __________________

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

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

Phone Number: _________________________ Email Address: _________________________

This requirement is for one (1) Firm Fixed Price Construction contract for Leadville CO Exploratory Well.

Item no. Item Description Quantity Unit of

Measure Unit Price Total

00010 Crack fill, seal, and paint VC parking 1

1 JB $ $

GRAND TOTAL $

(End of Section B)

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Contractor shall furnish all labor, materials, equipment, and supervision required for the location described in the Statement of Work attachment.

Statement of Work

Ottawa National Wildlife Refuge (ONWR) Visitor Center Parking Lot Maintenance

West Parking Lot & RV Parking Lot, 14000 W State Route 2, Oak Harbor, OH 43449

PART 1 — GENERAL INFORMATION

Contractor shall provide all labor and materials to clean, crack fill, sealcoat, and restripe two existing parking lots located at the Ottawa National Wildlife Refuge Visitor Center.

1.1 Description of Work

The Contractor shall furnish all labor, materials, equipment, supervision, tools, and incidentals necessary to perform asphalt preventive maintenance and pavement marking services at the Ottawa National Wildlife Refuge

Visitor Center West Parking Lot and RV Parking Lot. Work includes: surface cleaning, vegetation control at pavement joints/edges, hot-pour rubberized asphalt crack sealing, asphalt emulsion sealcoating (one coat), and pavement striping within the work area and in accordance with applicable standards and guidance (ASTM D6690;

FHWA MUTCD 11th Edition; ADA 2010 Standards).

1.2 Background

The West and RV Lots require routine preventive maintenance to extend pavement life and refresh critical markings for visitor safety and compliance. The approximate quantities are estimates and should be correctly and accurately reflected in the contractors bid:

• West Lot: clean; vegetation control; crack sealing (~ 3,900 LF, targeting cracks 1/4–3/4 inch); single-coat sealcoat (~26,000 sq ft); restripe lines “as laid out.”

• RV Lot: clean; vegetation control; crack sealing (≈ 5,200 LF); single-coat sealcoat (~34,568 sq ft); restripe lines “as laid out.”

1.3 Objectives

• Deliver cost-effective, industry-standard pavement preservation to extend service life, improve appearance, and ensure safe/clear guidance for drivers and pedestrians.

• Refresh and standardize stall striping, accessible parking, EV charging stall markings, directional arrows, crosswalk(s), and no-parking areas per MUTCD/ADA or as currently exists within the work areas.

• Contractor shall identify any areas that are not structurally sound such as alligatored spider-web areas.

Contractor shall remove and replace the damaged asphalt layer and any failed sub-based materials beneath in accordance with applicable standards and guidance (ASTM D6690; FHWA MUTCD 11th Edition;

ADA 2010 Standards).

• Period of Performance: September 1, 2026 – October 31, 2026.

1.4 Scope

Work includes two parking lots (West Lot & RV/Bus Lot); no structural pavement replacement is included.

Quantities listed are approximate and provided for planning; the Contractor shall verify in the field during the pre-bid meeting and bid should reflect accurate quantities. More advanced alligatored spider-web areas identified in the existing scope areas shall be identified by the contractor during the pre-bid walk through. Such spider-web areas should not be crack sealed as it is not suitable because it does not address the underlying structural issues.

1.5 Period of Performance

September 1, 2026 – October 31, 2026 with all field work scheduled during suitable weather (see §5.6) and days and hours to minimize operational disruptions. (Seasonal application windows reflect industry guidance for emulsion sealers and MUTCD-conforming striping.)

1.6 General Information

Quality Control (Contractor): Maintain a project-specific QC plan addressing materials, mix design, application rates, weather checks, layout verification, and stripe tolerances (see §5.8).

Recognized Holidays: Work shall not be performed on Federal holidays unless otherwise approved by the

Contracting Officer.

Hours of Operation: 7:00 a.m.–9:00 p.m. Eastern unless otherwise authorized by the Contracting Officer.

Place of Performance: ONWR Visitor Center—West Lot & RV/Bus Parking Lots.

Post-Award Conference / Progress Meetings: The Contractor shall attend a post-award kickoff and periodic status meetings as requested by COR.

Key Personnel: Project Manager/Site Superintendent with demonstrable experience in asphalt maintenance and

MUTCD/ADA-compliant striping.

PART 2 — DEFINITIONS & ACRONYMS

MUTCD: Manual on Uniform Traffic Control Devices (FHWA, 11th Edition, effective Jan. 18, 2024).

ADA 2010 Standards: 2010 ADA Standards for Accessible Design—parking requirements (counts, dimensions, aisles, signage).

ASTM D6690: Standard Specification for hot-applied joint and crack sealants for concrete and asphalt pavements.

PART 3 — Work

1. Pre-bid/Preconstruction site walk through meetings are required and delineation of work areas.

2. Identification of any refuge-specific environmental constraints (e.g., sensitive habitats adjacent to lots).

3. Acceptance of submittals and layout plans.

4. Inspection/acceptance of completed work.

PART 4 — CONTRACTOR-FURNISHED ITEMS & RESPONSIBILITIES

• Materials:

o Crack Sealant: Hot-pour, rubberized asphalt meeting ASTM D6690, Type II or III (moderate to most climates).

o Sealcoat: Mineral-filled asphalt emulsion pavement sealer meeting manufacturer specs;

submittals shall demonstrate conformance with recognized test methods (e.g., ASTM D2939 test methods) and current technical data. (SealMaster PMM/Ultra specs accepted if proposed;

temperature & cure limitations apply.)

o Traffic Paint: Waterborne acrylic pavement marking paint that meets federal performance references (e.g., TT-P-1952 types) or state DOT equivalents; include manufacturer TDS and VOC data.

• Equipment: Sweepers/blowers, crack-seal kettles with calibrated thermostatic controls, spray/squeegee sealcoating equipment, striping machines capable of consistent line widths and arrow templates, stencils for ADA and EV legends, and traffic control devices per MUTCD Part 6 (temporary traffic control).

• Traffic Control: Provide and maintain necessary cones, barricades, and detours to protect workers and the public; coordinate closures with the Refuge Manager and COR.

PART 5 — SPECIFIC TASKS

5.1 Project Areas & Feature Counts

West Parking Lot (Visitor Center):

• ~69 total stalls; 2 EV charging–designated stalls; 4 pedestrian crosswalks; ~4 accessible stalls to be restriped. (Counts provided by Government, contractors shall confirm exact numbers during pre-bid and reflect on bid sheet.)

• Vendor quote indicates approx. ~3,900 LF of crack sealing (1/4–3/4") and ~26,000 sq ft single-coat sealcoat (quantities are estimates and should be updated to accurately reflect the scope of work during the pre-bid and shown on the bid sheet).

RV Parking Lot:

• ~43 total stalls; ~10 directional arrows; ~1 pedestrian crosswalk; ~2 designated NO PARKING areas. (Counts provided by Government, contractors must confirm exact numbers during pre-bid and reflect on bid sheet.)

• Vendor quote indicates approx. ~5,200 LF of crack sealing and ~34,568 sq ft single-coat sealcoat

(quantities are estimates and should be updated to accurately reflect the scope of work during the pre-bid and shown on the bid sheet.

5.2 Submittals (Prior to Field Work)

• Materials list & TDS: crack sealant (ASTM D6690 type), sealer product and mix design, traffic paint, beads

(if used), and herbicide data sheet if applied.

• Layout plan: stall and aisle dimensions; accessible stalls and aisles per ADA; crosswalk and arrow locations;

EV stall markings and sign plan per MUTCD; “NO PARKING” hatch areas.

• Work schedule with daily closures, phasing, and weather contingency plan (see §5.6).

• QC plan detailing tests/inspections, application rates, and acceptance tolerances.

5.3 Pre-Construction Meeting & Site Preparation

• Conduct a kickoff meeting with the COR; verify limits, phasing, and staging.

• Cleaning: Mechanical sweeping and high-velocity, oil-free air blowing to remove dust/debris prior to crack seal and sealcoat. (as identified in the bid sheet/contract award.)

• Vegetation control: Remove vegetation at joints and edges by mechanical means and/or application of a non-selective glyphosate herbicide per label and refuge policy.

5.4 Crack Sealing (Hot-Pour Rubberized Asphalt)

• Scope: Seal cracks from 1/4" to 3/4" using ASTM D6690 hot-applied sealant; do not seal alligatored

“spider-web” areas. Crack sealing is not suitable for alligatored spider-web areas of an existing asphalt because it does not address the underlying structural issues. Spider-web cracking indicates that the pavement structure has been overstressed and is not strong enough to support the weight and frequency of vehicle use.

• Preparation: Clean/dry cracks; heat per manufacturer; maintain kettle temperature within recommended ranges; apply with overband (≤2" width) only where needed for adhesion.

• Quantities (approx.): West ≈ 3,900 LF; RV ≈ 5,200 LF; field verify and report variances to COR.

5.5 Sealcoating (Asphalt Emulsion, One Coat)

• Scope: Single-coat seal of ≈26,000 sq ft (West Lot) and ≈34,568 sq ft (RV Lot), applied to manufacturer specifications; do not apply over fresh crack seal until properly set.

• Materials: Polymer-modified asphalt emulsion pavement sealer; submit TDS and mix design (water, aggregate, additives).

• Application & Rates: Apply uniformly by spray or squeegee at rates consistent with manufacturer guidance for one coat (typical parking lot coverage per coat is ~85–95 sq ft/gal mixed, depending on product and aggregate; Contractor to propose exact rate in submittals).

• Weather & Cure: Do not apply if ambient or surface temperature <50°F within 24 hours post-application or if rain is forecast; allow sufficient cure time before opening to traffic and before striping.

5.6 Pavement Markings & Signage (Re-Striping)

All markings shall conform to MUTCD 11th Edition (Part 3 — Markings; Part 7 — School Areas if applicable) and manufacturer recommendations for line widths and durability.

West Lot:

• Stalls: Repaint 69 stalls in white with consistent dimensions and offsets; aisles delineated per layout plan.

(Count provided by Government.)

• Accessible Parking: Restripe ~4 accessible stalls and aisles to meet ADA 2010 dimensions (car space ≥96" wide with 60" aisle; van space either 132" with 60" aisle or 96" with 96" aisle or using existing layouts and dimensions). At least 1 of the 4 shall be van-accessible; mark access aisles to discourage parking.

• EV Charging Stalls: Re-mark 2 EV-designated stalls; word legends and/or plaques and any regulatory signs shall comply with MUTCD and FHWA guidance (e.g., R7-113 “No Parking Except While Charging,” or agency-approved legend).

• Crosswalks: Re-stripe 4 pedestrian crosswalks using high-visibility patterns (e.g., ladder/continental) or two transverse lines as directed by COR; width and spacing per MUTCD Part 3.

RV Lot:

• Stalls: Repaint 43 stalls in white; verify any oversized stall dimensions for RVs per COR. (Count provided by

Government; contractor to verify and bid should reflect current parking area layout.)

• Directional Arrows: Apply 10 directional arrows sized for lot speed (typ. 8–12 ft length; conforming arrow style per MUTCD); color white unless otherwise directed.

• Crosswalk: Re-stripe 1 crosswalk as per West Lot approach.

• NO PARKING Areas: Stripe 2 zones with diagonal hatch/chevrons in contrasting color; wording legends if required by COR; locate to maintain clearance sightlines and pedestrian routes.

Materials & Visibility:

• Paint: Waterborne acrylic traffic paint; submit color schedule (white stalls/arrows/crosswalks; blue ADA stall symbol/background as directed); dry and recoat times per TDS.

• Retroreflectivity: Where night visibility is specified, apply drop-on glass beads per AASHTO M247 at rates recommended by the paint manufacturer; review MUTCD §3A.05 retroreflectivity guidance for agency needs.

• EV Wayfinding/Regulatory Signs (if requested by COR): Conform to MUTCD 11th Edition and FHWA EV signage guidance; finalize legends and plaques with COR (e.g., R7-113; time-limit plaques per policy).

5.7 Environmental Protection

Protect adjacent habitat, landscaping, drains, and structures from overspray, materials tracking, and runoff;

plug/cover storm drains during application as needed; collect all waste and dispose per regulations and manufacturer guidance. (Sealcoating and paint VOC and stormwater considerations apply.)

5.8 Quality Control / Acceptance

• Crack sealant: Verify material type (ASTM D6690) and kettle temps; perform adhesion checks; ensure no tracking and proper fill.

• Sealcoat: Confirm mix design and application rates; verify cure prior to traffic; uniform appearance without streaks/ridges.

• Striping: Verify line widths (e.g., 4" typical stalls; 6" crosswalk bars/transverse lines unless ladder bars specified), alignment, color, and legends; confirm ADA stall/aisle dimensions and signage; confirm arrow shape/size per MUTCD.

• Documentation: Daily logs of quantities and weather; photographs before/after; materials tickets and batch/mix records.

5.9 Warranty

Provide one-year warranty on workmanship and materials for crack sealing, sealcoat, and striping, excluding damage due to abnormal loads, snowplow abrasion, or chemical spills.

PART 6 — APPLICABLE PUBLICATIONS (Current Editions)

• FHWA MUTCD — 11th Edition (Dec. 2023; effective Jan. 18, 2024).

• ADA 2010 Standards (Parking & Restriping Guidance).

• ASTM D6690 — Hot-Applied Joint and Crack Sealants.

• AASHTO M247 — Glass Beads Used in Pavement Markings.

• SealMaster PMM/Ultra Technical Specifications (example manufacturer references for asphalt emulsion sealcoat and application conditions).

• FHWA Memorandum: Regulatory Signs for EV Charging & Parking Facilities (R7-series).

PART 7 — ATTACHMENTS / TECHNICAL EXHIBIT

Technical Exhibit 1 — Performance Requirements

Performance Objective Standard Performance Threshold Method of

Surveillance

PRS #1 — Submittals &

Schedule The Contractor shall

All required documents submitted and approved prior to mobilization; kickoff held before field work.

Zero late submittals; schedule meets PoP and weather window.

Periodic surveillance; COR review and approval.

PRS #2 — Crack Sealing

Perform crack

Cracks 1/4–3/4" sealed; uniform adhesion; no tracking; no spider-web areas sealed.

Zero defects beyond minor touch-ups; temperatures documented; quantities match plan ±10%.

Field inspection during/after application; daily logs.

PRS #3 — Sealcoating

Apply single-coat asphalt emulsion sealcoat per §5

Uniform finish; cure time observed; no puddling, ridging, or contamination.

Zero applications below minimum temperature/cure requirements; uniformity acceptable to COR.

Field inspection;

TDS & batch tickets;

photos.

PRS #4 — Pavement

Markings Stripe stalls, ADA, EV, arrows, crosswalks, and NO

PARKING per §

Dimensions, colors, and legends meet MUTCD/ADA; accessible counts & signage verified;

arrows and crosswalks correctly placed.

Zero deviations from ADA critical dimensions; ±1/4" tolerance on stripe widths;

legends readable/consistent.

Final inspection;

tape measure verification; photos;

signage checklists.

PRS #5 — Safety &

Environmental

Protection Implement traffic control and protect adjacent

Proper barricades; no overspray/runoff; storm drains protected; clean site.

Zero safety violations; zero environmental incidents.

Daily observation;

incident reporting.

Execution & Scheduling Notes (Weather Window & Access)

• Seasonal window: Target May–October in NW Ohio; confirm forecast and temperatures (≥ 50°F through cure) before each application day; identify rain dates in the schedule.

• Staging & closures: Coordinate phasing to keep visitor access; lots may be closed in sections to maintain refuge operations.

References Used

• Standards: ASTM D6690 (crack sealant), MUTCD 11th Edition (markings/signage), ADA 2010 (accessible parking), AASHTO M247 (glass beads), and representative sealcoat manufacturer specifications.

(End of Section C)

SECTION D – PACKAGING AND MARKING

D.1.0 PAYMENT OF POSTAGE FEES

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

D.2.0 MARKING

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

(End of Section D)

SECTION E – INSPECTION AND ACCEPTANCE

The following clauses are incorporated by reference:

52.246-12 Inspection of Construction AUG 1996

(End of Section E)

SECTION F – PROJECT DELIVERY

F.1.0 PERIOD OF PERFORMANCE

10/01/2026-11/31/2026

F.2.0 PROGRESS PLAN

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

52.242-14 Suspension of Work APR 1984

**The following clauses are provided in full text:

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023). As prescribed in

4.2306(c).

(a) 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.

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 https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://www.govinfo.gov/link/uscode/50/3003

(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.

(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:

https://www.govinfo.gov/link/uscode/44/3552 https://www.sam.gov/ https://www.acquisition.gov/far/4.2304#FAR_4_2304

(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.

(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 this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the

Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

https://dibnet.dod.mil/

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

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

(F) Brand;

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

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting

Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph

(c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract.

The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of clause)

Alternate I (Dec 2023). As prescribed in 4.2306(c), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic clause:

(b) Prohibition. (1) Contractors are prohibited from providing or using 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 any applicable FASCSA orders identified by the checkbox(es) in this paragraph (b)(1).

[ Contracting Officer must select either “yes” or “no” for each of the following types of FASCSA orders:]

Yes □ No □ DHS FASCSA Order

Yes □ No □ DoD FASCSA Order

Yes □ No □ DNI FASCSA Order

Alternate II (Dec 2023). As prescribed in 4.2306(c)(2)(ii), substitute the following paragraph (b) in place of paragraph (b) of the basic clause. This clause applies to each order as identified by the Contracting Officer.

https://www.acquisition.gov/far/4.2306#FAR_4_2306 https://www.acquisition.gov/far/4.2306#FAR_4_2306

(b) Prohibition. (1) Contractors are prohibited from providing or using 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 any applicable FASCSA orders identified by the checkbox(es) in this paragraph (b)(1).

[ Contracting Officer must select either “yes” or “no” for each of the following types of FASCSA orders:]

Yes □ No □ DHS FASCSA order

Yes □ No □ DoD FASCSA order

Yes □ No □ DNI FASCSA order

(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) of this clause.

(3) The Government may identify in the request for quotation (RFQ) or in the notice of intent to place an order additional FASCSA orders that are not in SAM, but are effective and apply to the order.

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

(5)(i) If the contractor wishes to ask for a waiver, 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 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) of this clause to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and may instead make award to an offeror that does not require a waiver.

(End)

52.211-10 – COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 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 50 days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

(End of Section F) https://www.acquisition.gov/far/4.2304#FAR_4_2304

SECTION G – CONTRACT ADMINISTRATION DATA

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) (February 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)

(End of Section G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1.0 WORK HOURS

(EPA/USDA/EnergyStar sustainability compliance language) between one-half hour before sunrise to one-half hour after sunset each day. No work will be performed on Saturday, Sunday, or Federal holidays unless authorized by the COR.

H.2.0 ENVIRONMENTAL INTERRUPTION OF WORK

H.2.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. The Contractor will not be entitled to additional https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov monetary compensation for such suspensions regardless of duration. An allowance has been included in the contract time for environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions.

H.2.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, are discovered to be present in or adjacent to the project area.

H.3.0 DRAWINGS

H.3.1 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. The Contractor may request full-size drawings from the COR.

H.4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

H.4.1 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.4.2 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.4.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in Section I of this contract.

H.4.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

H.5.0 SUBSTITUTION – PROCESSION OF WORK

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

H.6.0 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water

Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

H.7.0 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is unexpectedly encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

H.8.0 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under their jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

H.9.0 DAVIS-BACON WAGE RATES APPLICABLE TO TRUCK DRIVERS

29 CFR 5.2(j) limits coverage of construction contractor or subcontractor employees performing as truck drivers under the Davis-Bacon Act (FAR 52.222-6) to only their time spent directly upon the "site of the work" or when hauling between the site of the work and a facility which is dedicated to and located in the proximity of the actual construction location. Other transportation of materials or supplies to or from the site of work by employees of the construction contractor or subcontractor is not “construction” at the site of work and accordingly is not subject to the Davis-Bacon Act.

H.10.0 FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

(End of Section H)

SECTION I – CONTRACT CLAUSES

The following clauses are incorporated by reference:

Clause Title Date

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

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel…