Sol_140G0121Q0080.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040526965

USGS OAG RESTON ACQUISITION BRANCH

205 NATIONAL CENTER

12201 SUNRISE VALLEY DRIVE

RESTON VA 20192

GRB

Susan Ruggles 703-648-7319

103/30/2021

140G0121Q0080

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

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

14 120 calendar days and complete it within ________________ ________________ calendar days after receiving

04/23/2021

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

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

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

BY

2PAGE OF

USGS OAG RESTON ACQUISITION BRANCH

205 NATIONAL CENTER

12201 SUNRISE VALLEY DRIVE

RESTON VA 20192

GRB

Kris Murray

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140G0121Q0080

CONSTRUCTION PROJECT

U.S. Geological Survey, Eastern Ecological

Science Center at 11649 Leetown Road, Kearneysville, WV 25430

Legacy Doc #: UGS

Delivery: 04/30/2022

Delivery Location Code: 0006366892

USGS Leetown Science Center

11649 Leetown Road

Kearneysville WV 25430 US

Period of Performance: 05/03/2021 to 07/02/2021

00010 PAINT, REPLACE FLOORING, & RENOVATE KITCHEN IN

AIM BUILDING

Product/Service Code: M1AA

Product/Service Description: OPERATION OF OFFICE

BUILDINGS

Period of Performance: 05/01/2021 to 04/30/2022

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION A. SOLICITATION/CONTRACT FORM

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. Contract Type C.2. Statement of Work C.3. Period of Performance C.4. GS0339 Green Acquisition (JULY 2018) C.5. GS0350 Conformance with Environmental Management Systems (MAR 2016)

SECTION D. PACKAGING AND MARKING

SECTION E. INSPECTION AND ACCEPTANCE

E.1. 52.246-12 Inspection of Construction. (AUG 1996)

SECTION F. DELIVERIES OR PERFORMANCE

F.1. Performance Location F.2. Deliverables F.3. 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) F.4. 52.242-14 Suspension of Work. (APR 1984) F.5. GS0919 Legal Holidays (JAN 2002) F.6. GS0925 Unscheduled Closures - Fixed Price (MAR 2003)

SECTION G. CONTRACT ADMINISTRATION DATA

G.1. 1452.201-70 Authorities and Delegations (SEP 2011) G.2. GS1126 Invoicing and Performance Statement Instructions (JUL 2001) G.3. Contractor Performance Assessment Reporting System (DEC 2015) G.4. GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013) G.5. GS1306 Performance and Payment Bonds (MAR 2019) G.6. GS1445 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (September 2011)

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. GS1125 Schedule of Prices (Construction) (JUL2001) H.2. GS1338 Notice to the Government of Delays (JUL 2001) H.3. GS1346 Compliance with Occupational Safety and Health Act – Government Owned (APR 2003) H.4. GS1348 Accident Reporting (APR 2003) H.5. GS1354 List of Subcontractors (Construction) (JUL 2001) H.6. GS1440 Wage Decision Incorporation (JUL 2001)

SECTION I. CONTRACT CLAUSES

I.1. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions I.2. 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017) I.3. 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) I.4. 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2018) I.5. 52.204-13 System for Award Management Maintenance. (OCT 2018) I.6. 52.204-14 Service Contract Reporting Requirements. (OCT 2016) I.7. 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) I.8. 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) I.9. 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered

Entities. (JUL 2018) I.10. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEC 2019) I.11. 52.204-25 Prohibition of Contracting Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019) I.12. 52.204-26 Covered Telecommunications Equipment or Services – Representation (DEC 2019) I.13. 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT

2015) I.14. 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) I.15. 52.215-8 Order of Precedence – Uniform Contract Format. (OCT 1997) I.16. 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) I.17. 52.219-14 Limitations on Subcontracting. (JAN 2017) I.18. 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) I.19. 52.222-3 Convict Labor. (JUN 2003) I.20. 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation. (MAR 2018) I.21. 52.222-6 Construction Wage Rate Requirements. (AUG 2018) I.22. 52.222-7 Withholding of Funds. (MAY 2014) I.23. 52.222-8 Payrolls and Basic Records. (AUG 2018) I.24. 52.222-9 Apprentices and Trainees. (JUL 2005) I.25. 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) I.26. 52.222-11 Subcontracts (Labor Standards). (MAY 2014) I.27. 52.222-12 Contract Termination – Debarment. (MAY 2014) I.28. 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014) I.29. 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) I.30. 52.222-15 Certification of Eligibility. (MAY 2014) I.31. 52.222-19 Child Labor – Cooperation with Authorities and Remedies. (JAN 2018) I.32. 52.222-21 Prohibition of Segregated Facilities. (APR 2015)

I.33. 52.222-26 Equal Opportunity. (SEP 2015) I.34. 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) I.35. 52.222-35 Equal Opportunity for Veterans. (OCT 2015) I.36. 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) I.37. 52.222-37 Employment Reports on Veterans. (FEB 2016) I.38. 52.222-50 Combating Trafficking in Persons. (JAN 2019) I.39. 52.222-54 Employment Eligibility Verification. (OCT 2015) I.40. 52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020) I.41. 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2017) I.42. 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) I.43. 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995) I.44. 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) I.45. 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) I.46. 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN 2016) I.47. 52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007) I.48. 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018) I.49. 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) I.50. 52.225-9 Buy American – Construction Materials. (MAY 2014) I.51. 52.225-13 Restrictions on Certain Foreign Purchases. (Feb 2021) I.52. 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) I.53. 52.228-1 Bid Guarantee (SEPT 1996) I.54. 52.228-2 Additional Bond Security. (OCT 1997) I.55. 52.228-5 Insurance – Work on a Government Installation. (JAN 1997) I.56. 52.228-11 Pledges of Assets. (AUG 2018) I.57. 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) I.58. 52.228-14 Irrevocable Letter of Credit. (NOV 2014) I.59. 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) I.60. 52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014) I.61. 52.232-23 Assignment of Claims. (MAY 2014) I.62. 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) I.63. 52.232-33 Payment by Electronic Funds Transfer – System for Award Management. (OCT 2018) I.64. 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) I.65. 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) I.66. 52.233-1 Disputes. (MAY 2014) I.67. 52.233-3 Protest after Award. (AUG 1996) I.68. 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) I.69. 52.236-2 Differing Site Conditions. (APR 1984) I.70. 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) I.71. 52.236-5 Material and Workmanship. (APR 1984) I.72. 52.236-6 Superintendence by the Contractor. (APR 1984) I.73. 52.236-7 Permits and Responsibilities. (NOV 1991) I.74. 52.236-8 Other Contracts. (APR 1984) I.75. 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) I.76. 52.236-13 Accident Prevention. (NOV 1991) I.77. 52.236-14 Availability and Use of Utility Services. (APR 1984) I.78. 52.242-13 Bankruptcy. (JUL 1995) I.79. 52.242-17 Government Delay of Work (APR 1984) I.80. 52.243-4 Changes. (JUN 2007) I.81. 52.244-6 Subcontracts for Commercial Items. (JAN 2019) I.82. 52.246-21 Warranty of Construction. (MAR 1994) – Alternate I (APR 1984) I.83. 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) – Alternate I (SEP 1996) I.84. 52.249-10 Default (Fixed-Price Construction). (APR 1984) I.85. 52.252-2 Clauses Incorporated by Reference. (FEB 1998) I.86. 52.253-1 Computer Generated Forms. (JAN 1991) I.87. 1452.228-70 Liability Insurance (JUL 1996)

SECTION J. List of Documents, Exhibits, and Other Attachments

SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

K.1. 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions K.2. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) K.3. 52.204-8 Annual Representations and Certifications. (MAR 2020) K.4. 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) K.5. 52.225-10 Notice of Buy American Requirement – Construction Materials. (MAY 2014)

SECTION L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

L.1. 52.204-7 System for Award Management. (OCT 2018) L.2. 52.214-34 Submission of Offers in the English Language. (APR 1991) L.3. 52.214-35 Submission of Offers in U.S. Currency. (APR 1991) L.4. 52.215-1 Instructions to Offerors – Competitive Acquisition. (JAN 2017) L.5. 52.216-1 Type of Contract. (APR 1984) L.6. 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) L.7. 52.233-2 Service of Protest Department of the Interior (JUL 1996) (Deviation) L.8. 52.236-27 Site Visit (Construction). (FEB 1995) – Alternate I (FEB 1995) L.9. 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

L.10. Instructions to Vendors for the Submission of Proposals L.11. 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984) L.12. GS2116 Distortions in Drawings (July 2001)

SECTION M. EVALUATION FACTORS FOR AWARD

M.1. GS2335 Evaluation Factors for Award - Negotiated

SECTION A. SOLICITATION/CONTRACT FORM

See SF1442.

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

See SF1442.

SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. Contract Type

Firm Fixed-Price Construction

C.2. Statement of Work

Attachment 1

C.3. Period of Performance

120 Days After Notice-to-Proceed

C.4. GS0339 Green Acquisition (JULY 2018)

The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting includes the initiatives described below:

Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/

Biobased Products are described at http://www.biopreferred.gov/

Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products.

Environmentally Preferable Computers are described at http://www.epeat.net

Significant New Alternatives Program (SNAP) are described at http://www.epa.gov/snap/overview-snap

The Comprehensive Procurement Guidelines promote the use of recovered and recycled products at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Water efficient products and services are described at https://www.epa.gov/watersense

(End of clause)

C.5. GS0350 Conformance with Environmental Management Systems (MAR 2016)

a) The Contractor’s work under this contract shall conform with all operational controls identified in the applicable agency, organization, or facility environmental management system (EMS) and provide monitoring and measurement information as necessary for the Government to address environmental performance relative to the environmental, energy, and transportation management goals.

b) In the event the Contractor identifies an environmental nonconformance or noncompliance associated with the work under the contract, the Contractor shall notify the Contracting Officer immediately. The Contractor will be required to take corrective and/or preventative actions at the direction of the Contracting Officer in the form of a contract modification and in coordination with the EMS Site Coordinator.

c) The Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the EMS and how these requirements affect the work performed under this contract.

d) Whether on-site contractor personnel shall complete EMS training is at the discretion of the Contracting

Officer, appropriate for the type of work under the contract, at no cost to the Contractor. Notification of the training schedule will be provided by the Contracting Officer's Representative in coordination with the facility-level EMS Coordinator.

SECTION D. PACKAGING AND MARKING

Section intentionally left blank

SECTION E. INSPECTION AND ACCEPTANCE

E.1. 52.246-12 Inspection of Construction. (AUG 1996)

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

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

(End of clause)

SECTION F. DELIVERIES OR PERFORMANCE

F.1. Performance Location

USGS, Eastern Ecological Science Center (formerly Leetown Science Center) 11649 Leetown Road Kearneysville, WV 25430

F.2. Deliverables

Deliverable Reference Due Deliver To All supervision, labor, materials, and equipment necessary to construct all items described in work statement and attachments.

Performance Work Statement NTP + 120 Days

USGS

Pre-Construction Meeting with Project Schedule

Statement of Work Attachment 1

Within 5 days after NTP Technical Liaison

Payment Bond and Performance Bond

Section G: GS1306, Attachment 6 Section I: 52.228-15

Within 14 days after receipt of contract award

CO

Proof of Liability Insurance Section I: 1452.228-70 Within 14 days after receipt of

CO

Schedule of Prices Section H: GS1125 Within 14 days after receipt of contract award

CO and COR

List of Subcontractors Section H: GS1354 Within 14 days after receipt of

CO and COR

SF-1413 Statement and Acknowledgment (including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of FAR 52.222- 11 have been included in the subcontract)

Section I: 52.222-11

The contractor is required to submit statement and acknowledgement to the Contracting Officer on the Standard Form (SF) 1413 Attachment 4

Within 14 days after award of this contract and within 14 days after the award of each subcontract thereafter.

CO

Commencement of Work Section F: 52.211-10 and SOW After approval of permit paperwork and calculations, and NTP.

USGS

Monthly Contract Performance Statement

Section G Clause GS1126 With each invoice for progress payment

COR

Weekly Payrolls for contractor and each subcontractor

Section I: 52.222-8

The contractor is required to submit

Within 7 days after regular payment date of the payroll week covered

CO

Ref: FAR 22.406-6(c) for copies of all payrolls. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. This information may be submitted in any form. The optional form WH-347, Attachment 5, and available at:

http://www.dol.gov/whd/forms/wh347.

pdf examination of payrolls and statements.

Further compliance checking may be done IAW

FAR 22.406-7.

Invoices Section G: DOI Electronic Invoicing Section G: GS1126

No more often than monthly IPP Web Page and copy to Technical Liaison

Certification of Progress Payment (if requesting progress payment)

Section I: 52.232-5 As work proceeds – no more often than monthly

Technical Liaison

DI-137 Release of Claims Section I: 1452.204-70 Attachment 3 Prior to submitting final invoice

CO

Final Invoice Sections G.2. and G.5. After submitting Release of Claims

IPP and copy to Technical Liaison

F.3. 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 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 within the period of performance. The time stated for completion shall include final cleanup of the premises.

(End of clause)

F.4. 52.242-14 Suspension of Work. (APR 1984)

F.5. GS0919 Legal Holidays (JAN 2002)

The following legal holidays are observed by this Government agency:

New Year's Day January 01 Martin Luther King's Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 04 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25 When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.

In addition to the holidays listed above, the contractor agrees to observe leave days or closures designated by Federal Statute, Executive Order, or Presidential Proclamation.

F.6. GS0925 Unscheduled Closures - Fixed Price (MAR 2003)

(a) The USGS facility where contractor employees are working may occasionally be closed temporarily and federal employees dismissed, such as for inclement weather, holiday early closings, power outages, or other emergencies.

http://www.dol.gov/whd/forms/wh347.pdf http://www.dol.gov/whd/forms/wh347.pdf

In these cases, the Contracting Officer or COR will advise the contractor whether any of the contractor's activities on Government facilities are considered critical and require continued performance. In most cases, the Contractor will be required to dismiss employees at Government facilities who are performing noncritical tasks after federal employees are dismissed.

(b) If the unscheduled closure causes an increase in the cost of contract performance or if any contract term or condition is affected by the closure, the Contractor may request an adjustment pursuant to Clause FAR 52.242-17 Government Delay of Work.

(c) Contractor performance at locations that are not affected by the unscheduled closure will not be subject to this clause.

SECTION G. CONTRACT ADMINISTRATION DATA

G.1. 1452.201-70 Authorities and Delegations (SEP 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) and Technical Representative (TR) at time of award. The COR and TR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and TR 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 or TR 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 or TR has taken an action or has issued direction (written or oral) that the Contractor considers exceeding the COR's or TR’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, COR and TR.

(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 or TR (acting within his or her appointment), shall be at the Contractor's risk.

G.2. GS1126 Invoicing and Performance Statement Instructions (JUL 2001)

(a) A copy of each invoice submitted with an IPP payment request must be submitted to:

U.S. Geological Survey Attn: [ ]

(b) Invoices for progress payments may be submitted no more frequently than monthly.

(c) Invoices for progress payments must be accompanied by a contract Performance Statement, which shall show in detail the estimated percentage of completion and value of completed performance for each separately priced line item or, if applicable, each of the significant construction categories contained in the approved Schedule of Prices.

(d) See clause 52.232-5 for certification requirements.

(End of clause)

G.3. Contractor Performance Assessment Reporting System (DEC 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally 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 Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the 6.evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should a)provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting "Accept the Ratings and Close the Evaluation".

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as "Pending" with or without comments and whether or not it has http://www.cpars.gov/ http://www.cpars.gov/ http://www.cpars.gov/ been closed.

f) If you do not sign and submit the CPAR within 60 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."

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

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) 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.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for

Government use supporting source selection actions after it has been finalized.

(End of notice)

G.4. GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013) The contractor shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer. After 120 days has passed since the expiration of the performance period, the government reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

G.5. GS1306 Performance and Payment Bonds (MAR 2019)

The successful offeror shall furnish performance and payment bonds (Standard Forms 25 and 25A) to the Contacting Officer within 14 calendar days after receipt of award.

(End of clause)

G.6. GS1445 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (September 2011)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment 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:

Standard commercial 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 CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) 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 ippgroup@bos.frb.org 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 clause)

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. GS1125 Schedule of Prices (Construction) (JUL2001)

In accordance with the clause FAR 52.232-5, Payments under Fixed-Price Construction Contracts, the contractor shall, within 14 days after receipt of notice of award, submit to the Contracting Officer for approval, a Schedule of Prices. This schedule shall consist of a detailed breakdown of the contract price, segregated under each of the significant construction categories. It shall state the quantities for each of the various types of work, the unit prices, and extended totals. Subcontractors who may be involved in more than one category of work must provide the same breakout data for each category. The submission of the required data shall not otherwise affect the contract terms.

(End of clause)

H.2. GS1338 Notice to the Government of Delays (JUL 2001)

In the event the contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or date, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the contracting officer and the COR, in writing, giving pertinent details. This data shall be informational only in character. Notice under this provision shall not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this contract.

(End of clause)

H.3. GS1346 Compliance with Occupational Safety and Health Act – Government Owned (APR 2003)

Performance of work hereunder shall comply with the provisions of the Occupational Health and Safety Act of 1970, as amended (OSHA). If, at any time during the performance of this contract, the Government-furnished facilities and/or equipment do not conform to OSHA standards, the contractor must so notify the Contracting Officer, in writing, including a recommendation of the corrective action needed.

H.4. GS1348 Accident Reporting (APR 2003)

If an accident occurs on Government-controlled facilities, a report must be provided to the Contracting Officer's Representative and the Contracting Officer within 48 hours. An accident is defined as an event which causes injury, illness, or loss or damage to Government-owned or private property. The contractor will cooperate with any ensuing Government accident investigation.

(End of clause)

H.5. GS1354 List of Subcontractors (Construction) (JUL 2001)

For purposes of monitoring compliance with the insurance and payroll reporting requirements of this contract, the contractor shall furnish a listing of all subcontractors to the Contracting Officer within 14 calendars days after contract award.

(End of clause)

H.6. GS1440 Wage Decision Incorporation (JUL 2001)

In the performance of this contract, the contractor shall comply with the requirements of U.S. Department of Labor Wage Decision WV20210037 dated 01/15/2021. The wage decision is incorporated and made a part of this order.

SECTION I. CONTRACT CLAUSES

I.1. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

I.2. 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)

I.3. 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

I.4. 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2018)

I.5. 52.204-13 System for Award Management Maintenance. (OCT 2018)

I.6. 52.204-14 Service Contract Reporting Requirements. (OCT 2016)

I.7. 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

I.8. 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

I.9. 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. (JUL 2018)

I.10. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEC 2019)

I.11. 52.204-25 Prohibition of Contracting Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

I.12. 52.204-26 Covered Telecommunications Equipment or Services – Representation (DEC 2019)

I.13. 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

I.14. 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

I.15. 52.215-8 Order of Precedence – Uniform Contract Format. (OCT 1997)

I.16. 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

I.17. 52.219-14 Limitations on Subcontracting. (JAN 2017)

I.18. 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)

I.19. 52.222-3 Convict Labor. (JUN 2003)

I.20. 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation. (MAR 2018)

I.21. 52.222-6 Construction Wage Rate Requirements. (AUG 2018)

I.22. 52.222-7 Withholding of Funds. (MAY 2014)

I.23. 52.222-8 Payrolls and Basic Records. (AUG 2018)

I.24. 52.222-9 Apprentices and Trainees. (JUL 2005)

I.25. 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

I.26. 52.222-11 Subcontracts (Labor Standards). (MAY 2014)

I.27. 52.222-12 Contract Termination – Debarment. (MAY 2014)

I.28. 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

I.29. 52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

I.30. 52.222-15 Certification of Eligibility. (MAY 2014)

I.31. 52.222-19 Child Labor – Cooperation with Authorities and Remedies. (JAN 2018)

I.32. 52.222-21 Prohibition of Segregated Facilities. (APR 2015)

I.33. 52.222-26 Equal Opportunity. (SEP 2015)

I.34. 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

I.35. 52.222-35 Equal Opportunity for Veterans. (OCT 2015)

I.36. 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

I.37. 52.222-37 Employment Reports on Veterans. (FEB 2016)

I.38. 52.222-50 Combating Trafficking in Persons. (JAN 2019)

I.39. 52.222-54 Employment Eligibility Verification. (OCT 2015)

I.40. 52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020)

I.41. 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2017)

I.42. 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

I.43. 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995)

I.44. 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

I.45. 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(a) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate the Contracting Officer

I.46. 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN

2016)

I.47. 52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007)

I.48. 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)

I.49. 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

I.50. 52.225-9 Buy American – Construction Materials. (MAY 2014)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

(a) Means any item of supply (including construction material) that is—

(a) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(a) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(a) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

NONE [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(a) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the…