Sol_140G0123Q0146.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)

USGS OAG RESTON ACQUISITION BRANCH

205 NATIONAL CENTER

12201 SUNRISE VALLEY DRIVE

RESTON VA 20192

GRB

kmurray@usgs.gov

Kris Murray 608-381-3451

104/18/2023

140G0123Q0146

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

Statement of Work

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 45 calendar days and complete it within ________________ ________________ calendar days after receiving

Clause 52.211-10

05/10/2023

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. 8/2014)

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

RESTON VA 20192

GRB

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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 26

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140G0123Q0146

Refurbish Facility Sand Filters and Pumps, Gainesville, FL

This RFQ is a replacement of 140G0123Q0110 which received no valid quotes.

Refer to the provision at L.7, Instructions to

Offerors, for information on submitting your quote. Items not included may result in disqualification of your quote.

SAM UEI _______________________________

00010 Provide all labor, supervision, materials, equipment and management to refurbish facility sand filters and pump at Wetland and Aquatic

Research Center, Gainesville, FL.

Product/Service Code: Z2EZ

Product/Service Description: REPAIR OR ALTERATION

OF OTHER INDUSTRIAL BUILDINGS

Period of Performance: 06/12/2023 to 07/28/2023

Contracting Officer: Kristine Murray, kmurray@usgs.gov

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

Sponsored by GSA

FAR (48 CFR) 53.110

140G0123Q0146 Page 4 of 26

SECTION A. SOLICITATION/CONTRACT FORM

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. Construction Waste Management C.2. GS0339 Green Acquisition (JULY 2018) C.3. 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) E.2. 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

SECTION F. DELIVERIES OR PERFORMANCE

F.1. Performance Location 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 (JAN 2002) F.5. Deliverables

SECTION G. CONTRACT ADMINISTRATION DATA

G.1. 52. 000S-5079 Technical Liaison - Technical Direction (OCT 1997) G.2. GS1126 Invoicing and Performance Statement Instructions (JUL 2001) G.3. GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013) G.4. GS1445 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (April

2013)

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. GS1125 Schedule of Prices (Construction) (JUL 2001) H.2. GS1338 Notice to the Government of Delays (JUL 2001) H.3. GS1348 Accident Reporting (APR 2003) H.4. GS1354 List of Subcontractors (Construction) (JUL 2001) H.5. GS1440 Wage Decision Incorporation (JUL 2001)

SECTION I. CONTRACT CLAUSES

I.1. 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017) I.2. 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) I.3. 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) I.4. 52.204-13 System for Award Management Maintenance. (OCT 2018) I.5. 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) I.6. 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) I.7. 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered

Entities. (NOV 2021) I.8. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) I.9. 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV

2021) I.10. 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) I.11. 52.213-4 Terms and Conditions - Simplified Acquisitions (Other Than Commercial Products and Commercial Services). (DEC 2022) I.12. 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) I.13. 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) I.14. 52.219-28 Post-Award Small Business Program Rerepresentation. (OCT 2022) I.15. 52.222-3 Convict Labor. (JUN 2003) I.16. 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018) I.17. 52.222-6 Construction Wage Rate Requirements. (AUG 2018) I.18. 52.222-7 Withholding of Funds. (MAY 2014) I.19. 52.222-8 Payrolls and Basic Records. (JUL 2021) I.20. 52.222-9 Apprentices and Trainees. (JUL 2005) I.21. 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) I.22. 52.222-11 Subcontracts (Labor Standards). (MAY 2014) I.23. 52.222-12 Contract Termination – Debarment. (MAY 2014) I.24. 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014) I.25. 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) I.26. 52.222-15 Certification of Eligibility. (MAY 2014) I.27. 52.222-21 Prohibition of Segregated Facilities. (APR 2015) I.28. 52.222-26 Equal Opportunity. (SEP 2016) I.29. 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) I.30. 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) I.31. 52.222-50 Combating Trafficking in Persons. (NOV 2021) I.32. 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) I.33. 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2022) I.34. 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) I.35. 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) I.36. 52.223-6 Drug Free Workplace. (MAY 2001)

140G0123Q0146 Page 5 of 26

I.37. 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018) I.38. 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020) I.39. 52.225-9 Buy American - Construction Materials. (OCT 2022) I.40. 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) I.41. 52.227-4 Patent Indemnity–Construction Contracts. (DEC 2007) I.42. 52.228-1 Bid Guarantee. (SEP 1996) I.43. 52.228-2 Additional Bond Security. (OCT 1997) I.44. 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) I.45. 52.228-11 Individual Surety-Pledge of Assets. (FEB 2021) I.46. 52.228-12 Prospective Subcontractor Requests for Bonds. (DEC 2022) I.47. 52.228-14 Irrevocable Letter of Credit. (NOV 2014) I.48. 52.228-15 Performance and Payment Bonds - Construction. (JUN 2020) I.49. 52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014) I.50. 52.232-23 Assignment of Claims. (MAY 2014) I.51. 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) I.52. 52.232-33 Payment by Electronic Funds Transfer – System for Award Management. (OCT 2018) I.53. 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) I.54. 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021) I.55. 52.233-1 Disputes. (MAY 2014) I.56. 52.233-3 Protest after Award. (AUG 1996) I.57. 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) I.58. 52.236-2 Differing Site Conditions. (APR 1984) I.59. 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) I.60. 52.236-5 Material and Workmanship. (APR 1984) I.61. 52.236-6 Superintendence by the Contractor. (APR 1984) I.62. 52.236-7 Permits and Responsibilities. (NOV 1991) I.63. 52.236-8 Other Contracts. (APR 1984) I.64. 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) I.65. 52.236-10 Operations and Storage Areas. (APR 1984) I.66. 52.236-11 Use and Possession Prior to Completion. (APR 1984) I.67. 52.236-12 Cleaning Up. (APR 1984) I.68. 52.236-13 Accident Prevention. (NOV 1991) I.69. 52.236-14 Availability and Use of Utility Services. (APR 1984) I.70. 52.236-21 Specifications and Drawings for Construction. (FEB 1997) I.71. 52.236-26 Preconstruction Conference. (FEB 1995) I.72. 52.242-17 Government Delay of Work (APR 1984) I.73. 52.243-5 Changes and Changed Conditions. (APR 1984) I.74. 52.244-6 Subcontracts for Commercia Products and Commercial Services. (DEC 2022) I.75. 52.246-21 Warranty of Construction. (MAR 1994) I.76. 52.252-2 Clauses Incorporated by Reference. (FEB 1998) I.77. 52.253-1 Computer Generated Forms. (JAN 1991) I.78. 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. 52.204-8 Annual Representations and Certifications. (DEC 2022) K.2. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) K.3. 52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020) K.4. 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. 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020) L.3. 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) L.4. 52.233-2 Service of Protest Department of the Interior (JUL 1996) (Deviation) L.5. 52.236-27 Site Visit (Construction). (FEB 1995) – Alternate I (FEB 1995) L.6. 52.236-28 Preparation of Proposals – Construction. (OCT 1997) L.7. Instructions to Offerors L.8. GS2320 Evaluation Factors

SECTION M. EVALUATION FACTORS FOR AWARD

M.1. GS2335 Evaluation and Award--Negotiated

140G0123Q0146 Page 6 of 26

SECTION A. SOLICITATION/CONTRACT FORM

See SF1442.

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

See SF1442.

SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

See Attachment A, Statement of Work

Following are environmental clause requirements that supplement the Statement of Work at Attachment A.

C.1. Construction Waste Management

1. The Offeror shall maintain a recycling program to dispose of or recycle construction waste. Recycling construction waste means providing all services necessary to furnish construction materials or wastes to organizations which will employ these materials or wastes in the production of new materials. Recycling includes required labor and equipment necessary to separate individual materials from the assemblies of which they form a part. The program shall cover the following requirements:

a) The contractor shall provide continuous facilities for the recycling of incidental construction waste during initial construction.

b) Products may be excluded from the recycling program when the small quantity of material involved, the extraordinary complex nature or the waste disposal method, or prohibitive expense for recycling would represent a general hardship.

c) Records of construction materials recycled shall be maintained and accessible to the Contracting Officer. Records shall include materials recycled or land filled, quantity, date, and identification of hazardous wastes.

d) If any waste materials encountered during the demolition (construction) phase are found to contain mercury, radioactive materials or other harmful substances, they are to be handled and removed in accordance with State and Federal laws and requirements concerning hazardous waste

(End of clause)

C.2. 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)

140G0123Q0146 Page 7 of 26

C.3. 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.

(End of clause)

SECTION D. PACKAGING AND MARKING

Section intentionally left blank

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. Performance Location

U.S. Geological Survey Wetland and Aquatic Research Center 7920 NW 71st Street Gainesville, Florida 32653

(End of clause)

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 notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 45 days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

F.4. 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 Juneteenth June 19 Independence Day July 04 Labor Day 1st Monday in September

140G0123Q0146 Page 8 of 26

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.

(End of clause)

F.5. Deliverables

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

Contract Documents NTP + See clause 52.211-10

USGS

Payment and Performance Bonds

Section I: 52.228-15 Within 14 days after contract award

CO

Proof of Liability Insurance

Section I: 1452.228-70 Within 14 days after contract award

CO

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

CO and Tech Liaison

List of Subcontractors Section H: GS1354 Within 14 days after contract award

CO and Tech Liaison

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 available at http://www.gsa.gov/portal/forms/download/115794

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

CO

Weekly Payrolls for contractor and each subcontractor

Section I: 52.222-8

The contractor is required to submit 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 from the Department of Labor may be used and is available at:

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

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

CO

Ref: FAR 22.406-6(c) for 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 Tech Liaison

Certification of Progress Payment (if requesting progress payment)

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

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

140G0123Q0146 Page 9 of 26

SECTION G. CONTRACT ADMINISTRATION DATA

G.1. 52. 000S-5079 Technical Liaison - Technical Direction (OCT 1997)

(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: TBD Telephone Number: TBD Email: TBD

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

(End of Clause)

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 Wetland and Aquatic Research Center 7920 NW 71st Street Gainesville, Florida 32653

(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. 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.

140G0123Q0146 Page 10 of 26

G.4. GS1445 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment 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

None

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 clause)

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. GS1125 Schedule of Prices (Construction) (JUL 2001)

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. 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.

https://www.ipp.gov/

140G0123Q0146 Page 11 of 26

H.4. 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.5. 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 FL20220194. The wage decision is incorporated and made a part of this order.

(End of clause)

SECTION I. CONTRACT CLAUSES

I.1. 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)

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

I.3. 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020)

I.4. 52.204-13 System for Award Management Maintenance. (OCT 2018)

I.5. 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

I.6. 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

I.7. 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. (NOV 2021)

I.8. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

I.9. 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021)

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

I.11. 52.213-4 Terms and Conditions - Simplified Acquisitions (Other Than Commercial Products and Commercial Services). (DEC 2022)

I.12. 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

I.13. 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

I.14. 52.219-28 Post-Award Small Business Program Rerepresentation. (OCT 2022)

I.15. 52.222-3 Convict Labor. (JUN 2003)

I.16. 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018)

I.17. 52.222-6 Construction Wage Rate Requirements. (AUG 2018)

I.18. 52.222-7 Withholding of Funds. (MAY 2014)

I.19. 52.222-8 Payrolls and Basic Records. (JUL 2021)

140G0123Q0146 Page 12 of 26

I.20. 52.222-9 Apprentices and Trainees. (JUL 2005)

I.21. 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

I.22. 52.222-11 Subcontracts (Labor Standards). (MAY 2014)

I.23. 52.222-12 Contract Termination – Debarment. (MAY 2014)

I.24. 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

I.25. 52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

I.26. 52.222-15 Certification of Eligibility. (MAY 2014)

I.27. 52.222-21 Prohibition of Segregated Facilities. (APR 2015)

I.28. 52.222-26 Equal Opportunity. (SEP 2016)

I.29. 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

I.30. 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020)

I.31. 52.222-50 Combating Trafficking in Persons. (NOV 2021)

I.32. 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022)

I.33. 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2022)

I.34. 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

I.35. 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

I.36. 52.223-6 Drug Free Workplace. (MAY 2001)

I.37. 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)

I.38. 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020)

I.39. 52.225-9 Buy American - Construction Materials. (OCT 2022)

(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 product (as defined in paragraph (1) of the definition of “commercial product ” 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 .

140G0123Q0146 Page 13 of 26

"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 means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both -

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

(ii) A construction material manufactured in the United States , if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 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. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both , a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material . The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components ".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States . Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States , from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

140G0123Q0146 Page 14 of 26

"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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both , the domestic content test is applied only to the iron and steel content of the construction materials , excluding COTS fasteners. (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 product or to the construction materials or components listed by the Government as follows:

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 20 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 reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material . However, when the basis for the exception is the unreasonable price of a

140G0123Q0146 Page 15 of 26 domestic construction material , adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data . To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure QuantityPrice (dollars)* Item1:

Foreign construction material

Domestic construction material

Item2:

Foreign construction material

Domestic construction material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information .]

(End of clause)

I.40. 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021)

I.41. 52.227-4 Patent Indemnity–Construction Contracts. (DEC 2007)

I.42. 52.228-1 Bid Guarantee. (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds

(1) to unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to

140G0123Q0146 Page 16 of 26 execute all contractual documents or furnish executed bond(s) within 14 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

I.43. 52.228-2 Additional Bond Security. (OCT 1997)

I.44. 52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

I.45. 52.228-11 Individual Surety-Pledge of Assets. (FEB 2021)

I.46. 52.228-12 Prospective Subcontractor Requests for Bonds. (DEC 2022)

I.47. 52.228-14 Irrevocable Letter of Credit. (NOV 2014)

I.48. 52.228-15 Performance and Payment Bonds - Construction. (JUN 2020)

I.49. 52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if—

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph €(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that—

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

(Name) (Title) (Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the

140G0123Q0146 Page 17 of 26 specifications, terms, and conditions of this contract (hereinafter referred to as the “unearned amount”), the Contractor shall—

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until—

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as—

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph € of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under…