Sol_140G0121Q0213.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)

0040541819

USGS OAG RESTON ACQUISITION BRANCH

205 NATIONAL CENTER

12201 SUNRISE VALLEY DRIVE

RESTON VA 20192

GRB

Kimberly Schneider 0000

108/30/2021

140G0121Q0213

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

USGS Montgomery Field Office Chain Link Fencing with Gates

100% Small Business Set-aside

**Refer to Section L and M for Instructions to Offerors and Evaluation Factors**

*This is not a sealed bid solicitation; there will be no bid results posted*

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.)

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

FAR 52.211-10

09/10/2021

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

Daniel Galvin

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 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140G0121Q0213

USGS Montgomery Field Office Chain Link Fencing with Gates

Delivery: 120 Days After Award

Delivery Location Code: 0006366823

USGS Alabama Water Science Center

75 TechnaCenter Drive

Montgomery AL 36117 US

00010 The contractor shall provide all labor, material, tools, equipment, and supervision necessary to install approximately 600 linear feet of chain-link fencing with multiple gates in accordance with the Statement of Work herein.

Product/Service Code: Y1PZ

Product/Service Description: CONSTRUCTION OF

OTHER NON-BUILDING FACILITIES

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B - Supplies or Services SECTION C - Description/Specifications

C.1 Statement of Work Reference Attachment 1 C.2 GS0339 Green Acquisition

SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance

E.1 52.246-12 Inspection of Construction. (AUG 1996) E.2 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

SECTION F - Deliveries or Performance F.1 Deliverables F.2 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) F.3 52.242-14 Suspension of Work. (APR 1984) F.4 GS0919 Legal Holidays

SECTION G - Contract Administration Data G.1 GS0231 Technical Liaison-Technical Direction G.2 GS1126 Invoicing and Performance Statements G.3 GS1131 Unilateral Deobligation of Unexpended Funds G.4 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

SECTION H - Special Contract Requirements H.1 GS1326 Indemnity H.2 GS1338 Notice to Government of Delays H.3 GS1346 Compliance with OSHA-Govt owned Facilities/Equipment H.4 GS1348 Accident Reporting H.5 GS1440 Wage Determination Applicable

H.6 1452.209-70 ORGANIZATIONAL CONFLICT OF INTEREST DISCLOSURE (NOV 2007)

H.7 USE AND REPORTING OF CONTRACTOR PERFORMANCE INFORMATION (DEC 2015) (DOI-AAAP-0050) Notice to Contractors - CPARS (DEC 2015

SECTION I - Contract Clauses I.1 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) I.2 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) I.3 52.204-13 System for Award Management Maintenance. (OCT 2018) I.4 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) I.5 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) I.6 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) I.7 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) I.8 52.213-4 Terms and Conditions - Simplified Acquisitions (Other Than Commercial Items). (JUL 2021) I.9 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) I.10 52.219-28 Post-Award Small Business Program Rerepresentation. (NOV 2020) I.11 52.222-6 Construction Wage Rate Requirements. (AUG 2018) I.12 52.222-7 Withholding of Funds. (MAY 2014) I.13 52.222-8 Payrolls and Basic Records. (JUL 2021) I.14 52.222-9 Apprentices and Trainees. (JUL 2005) I.15 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988) I.16 52.222-11 Subcontracts (Labor Standards). (MAY 2014) I.17 52.222-12 Contract Termination - Debarment. (MAY 2014) I.18 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) I.19 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) I.20 52.222-15 Certification of Eligibility. (MAY 2014) I.21 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) I.22 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method). (AUG 2018) I.23 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) I.24 52.223-6 Drug-Free Workplace. (MAY 2001) I.25 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)..22

I.26 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (JUN 2020) I.27 52.225-9 Buy American - Construction Materials. (FEB 2021) I.28 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications. (JUN 2020) I.29 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) I.30 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) I.31 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) I.32 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) I.33 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) I.34 52.236-5 Material and Workmanship. (APR 1984) I.35 52.236-7 Permits and Responsibilities. (NOV 1991) I.36 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) I.37 52.236-12 Cleaning Up. (APR 1984) I.38 52.236-13 Accident Prevention. (NOV 1991) I.39 52.236-14 Availability and Use of Utility Services. (APR 1984) I.40 52.243-5 Changes and Changed Conditions. (APR 1984) I.41 52.252-6 Authorized Deviations in Clauses. (NOV 2020) I.42 52.253-1 Computer Generated Forms. (JAN 1991) I.43 1452.203-70 Restriction on Endorsements (JUL 1996) I.44 1452.204-70 Release of Claims (JUL 1996) I.45 1452.225-70 Use of Foreign Construction Materials (JUL 1996) I.46 1452.228-70 Liability Insurance (JUL 1996) I.47 1452.236-70 Prohibition Against Use of Lead-based Paint (JUL 1996) I.48 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-01)

SECTION J - List of Documents, Exhibits, and Other Attachments SECTION K - Representations, Certifications, and Other Statements of Bidders

K.1 52.204-8 Annual Representations and Certifications. (MAR 2020) K.2 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

(OCT 2020)

K.3 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999)

SECTION L - Instructions, Conditions, and Notices to Bidders L.1 Instructions to Offerors L.2 52.204-7 System for Award Management. (OCT 2018) L.3 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020) L.4 52.204-22 Alternative Line Item Proposal. (JAN 2017) L.5 52.216-1 Type of Contract. (APR 1984) L.6 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) L.7 52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction.

(FEB 1999)

L.8 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014) L.9 52.236-27 Site Visit (Construction). (FEB 1995) - Alternate I (FEB 1995) L.10 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) L.11 1452.215-71 Use and Disclosure of Proposal Information-Department of the Interior. (APR 1984) L.12 1452.233-2 Service of Protest

SECTION M - Evaluation Factors for Award M.1 GS2320 Evaluation Factors

SECTION B - Supplies or Services

SECTION C - Description/Specifications

C.1 Statement of Work Reference Attachment 1

C.2 GS0339 Green Acquisition

"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"

SECTION D - Packaging and Marking

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)

E.2 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may (1) by contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor and (2) terminate for default the Contractor's right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.

SECTION F - Deliveries or Performance

F.1 Deliverables

Deliverable Reference Due Deliver To Proof of Liability Insurance Section I: 1452.228-70 Within 5 days after receipt of contract award CS

Invoices Section G :DOI Electronic Invoicing, GS1126 No more often than monthly IPP Webpage

DI-137 Release of Claims Section I: 1452.204-70 Submitted with final invoice IPP Webpage;

CS

Final Invoice N/A Submitted with Release of Claims IPP Webpage

Weekly payrolls for contractor and each subcontractor Section I: 52.222-8 Within 7 days after regular payment date of the payroll week covered

CS

Ref: FAR 22-

406-6(c) SF1413 Statement and Acknowledgment of Subcontractor Section I: 52.222-11 Within 5 days after award CS

F.2 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 award 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 120 calendar days after the date the Contractor receives the award. The time stated for completion shall include final cleanup of the premises.

(End of clause)

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

F.3 52.242-14 Suspension of Work. (APR 1984)

F.4 GS0919 Legal Holidays

"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

Juneteenth National Independence Day June 19

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."

SECTION G - Contract Administration Data

G.1 GS0231 Technical Liaison-Technical Direction

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any 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. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.

(d) The Technical Liaison assigned for this contract is:

Name: *To be provided at time of award*

Telephone Number: []

Email: []

Address Line 1: []

Address Line 2: []

Address Line 3: []

(e) Only the Contracting Officer may designate a different Technical Liaison.

(End of Clause)

G.2 GS1126 Invoicing and Performance Statements

"Invoicing and Performance Statements (Construction)

(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."

G.3 GS1131 Unilateral Deobligation of Unexpended Funds

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.4 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S.

Department of the Treasury's Invoice Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause

52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [Contracting Officer to edit and include the documentation required under this contract]:

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)

SECTION H - Special Contract Requirements

H.1 GS1326 Indemnity

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

H.2 GS1338 Notice to Government of Delays

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 (if one has been designated), 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.

H.3 GS1346 Compliance with OSHA-Govt owned Facilities/Equipment

"Compliance with Occupational Safety and Health Act -- Government-Owned

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

"Accident Reporting

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."

H.5 GS1440 Wage Determination Applicable

In the performance of this contract, the contractor shall comply with the requirements of U.S. Department of Labor Wage Determination Number AL20210093 dated 07/23/2021. The wage determination is incorporated into this contract as Attachment 2

H.6 1452.209-70 ORGANIZATIONAL CONFLICT OF INTEREST DISCLOSURE (NOV 2007)

1. Definition. Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person�s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

2. Disclosure. By submission of this offer, offeror represents that it is not aware of any information bearing on the existence of any actual or potential organizational conflicts of interest in connection with this solicitation or any resulting contract, except as provided in its disclosure statement. In the disclosure statement, list any potential or actual organizational conflicts of interest. Describe all relevant information concerning any past, present, or planned interests bearing on whether this firm (including its chief executives and directors, any proposed consultants or subcontractors) may have a potential organizational conflict of interest. If no potential or actual conflicts exist, so indicate with a check mark:

____ No potential or actual organizational conflicts of interest are known.

3. Failure to provide the disclosure or representation will be deemed a minor informality (FAR 14.405) and the offeror will be required to promptly correct the omission. Refusal to provide the disclosure or representation and any additional information as required will result in disqualification of the offeror for award.

4. The contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer, which shall include a description of the action which the contractor has taken or proposes to take to avoid, eliminate, or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interests of the Government.

5. In the event that the contractor was aware of organizational conflict of interest prior to the award of this contract and failed to disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.

6. If the Contracting Officer determines that a potential or actual conflict exists, the offeror will not receive an award unless the conflict can be avoided or otherwise resolved through the inclusion of a special contract clause or other appropriate means. The terms of any special clause are subject to negotiation. Offerors should refer to FAR Subpart 9.5 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflicts of interest.

Alternate 1:

When a potential or actual organizational conflict of interest is known to the Government, replace paragraph 2 with:

2. The contracting officer considers that there is potential for organizational conflicts of interest involving this procurement or services to be performed under the resultant contract, as follows:

[ CO fill in ]

By submission of this offer, offeror represents that it is not aware of any information bearing on the existence of any actual or potential organizational conflicts of interest in connection with this solicitation or any resulting contract, except as provided in its disclosure statement. In the disclosure statement, list any potential or actual organizational conflicts of interest. Describe all relevant information concerning any past, present, or planned interests bearing on whether this firm (including its chief executives and directors, any proposed consultants or subcontractors) may have a potential organizational conflict of interest. If no potential or actual conflicts exist, so indicate with a check mark:

____ No potential or actual organizational conflicts of interest exist.

(End of Clause)

H.7 USE AND REPORTING OF CONTRACTOR PERFORMANCE INFORMATION (DEC 2015) (DOI-AAAP- 0050) Notice to Contractors - CPARS (DEC 2015

NOTICE TO CONTRACTORS

Contractor Performance Assessment Reporting System (December 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 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)

SECTION I - Contract Clauses

I.1 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

I.2 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

I.3 52.204-13 System for Award Management Maintenance. (OCT 2018)

I.4 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

I.5 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

I.6 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020)

I.7 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

I.8 52.213-4 Terms and Conditions - Simplified Acquisitions (Other Than Commercial Items). (JUL 2021)

I.9 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

I.10 52.219-28 Post-Award Small Business Program Rerepresentation. (NOV 2020)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 238990 assigned to contract number [ ].

(2) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.)

The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.)

The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. (Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.) The Contractor represents that-

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: [ ]. Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. (Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.)

The Contractor represents that-

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: [ ]. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.)

The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) (Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.) The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.)

The Contractor represents that-

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: [ ]. Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

Contractor to sign and date and insert authorized signer's name and title.

(End of clause)

I.11 52.222-6 Construction Wage Rate Requirements. (AUG 2018)

I.12 52.222-7 Withholding of Funds. (MAY 2014)

I.13 52.222-8 Payrolls and Basic Records. (JUL 2021)

I.14 52.222-9 Apprentices and Trainees. (JUL 2005)

I.15 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988)

I.16 52.222-11 Subcontracts (Labor Standards). (MAY 2014)

I.17 52.222-12 Contract Termination - Debarment. (MAY 2014)

I.18 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

I.19 52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

I.20 52.222-15 Certification of Eligibility. (MAY 2014)

I.21 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

I.22 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).

(AUG 2018)

I.23 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

I.24 52.223-6 Drug-Free Workplace. (MAY 2001)

I.25 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)

I.26 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (JUN 2020)

I.27 52.225-9 Buy American - Construction Materials. (FEB 2021)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at Federal Acquisition Regulation (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.

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-

(1) 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

(2) 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…