Sol_140G0221Q0153.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)

0040542901

USGS OAG DENVER ACQUISITION BRANCH

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

GDB

Mary Wilson 573-397-2277

107/01/2021

140G0221Q0153

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

Attachment 1 - Performance Work Statement for Well House #3 Rehabilitation, Attachment 2 - Wage Determination, Attachment 3 - Certified Payroll Form WH-347, Attachment 4 - Release of Claims and Attachment 5 - Statement of Acknowledgement

SF1413

Vendor DUNS:__________________

Vendor POC Email:____________________

Period of PERFORMANCE DATE IS ESTIMATED. Actual period will be established upon award.

Site Visit: 11AM on July 7, 2021. Refer to Provision 52.236-27 Site

Visit(Construction) for detailed site visit information.

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 90 calendar days and complete it within ________________ ________________ calendar days after receiving

07/13/2021

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 DENVER ACQUISITION BRANCH

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

GDB

Mary Wilson

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 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140G0221Q0153

Delivery Location Code: 0006366995

USGS Upper Midwest Environ Sci Ctr

2630 Fanta Reed Road

LaCrosse WI 54603 US

Period of Performance: 07/19/2021 to 10/18/2021

00010 Construction services, non-personal, to provide all plant, equipment, labor, supervision and materials (unless otherwise provided herein) necessary for WELL HOUSE #3 REHABILITATION in accordance with Attachment 1.

Period of Performance: 07/19/2021 through

10/31/2021

Period of Performance: 07/19/2021 to 10/31/2021

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION A. SOLICITATION/CONTRACT FORM

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C. DESCRIPTION/SPECIFICATIONS/PERFOMANCE WORK STATEMENT

C.1. GS0301 General Requirements. (JUL 2001) 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. 52.242-15 Stop-Work Order (AUG 1989) F.5. GS0919 Legal Holidays (JAN 2002) F.6. GS0925 Unscheduled Closures - Fixed Price (MAR 2003) F.7. Deliverables

SECTION G. CONTRACT ADMINISTRATION DATA

G.1. 1452.201-70 Authorities and Delegations (SEP 2011) G.2. GS1126 Invoicing and Performance Statement Instructions (JUL 2001) G.3. GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013) G.4. DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (September 2013)

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. GS1125 Schedule of Prices (Construction) (JUL2001) H.2. GS1338 Notice to the Government of Delays (JUL 2001) H.3. GS1348 Accident Reporting (APR 2003) H.4. GS1354 List of Subcontractors (Construction) (JUL 2001) H.5. SECURITY REQUIREMENTS: FACILITY ACCESS and INFORMATION TECHNOLOGY (AUG 2016) H.6. 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. 52.204-13 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. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) I.7. 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) I.8. 52.215-8 Order of Precedence – Uniform Contract Format. (OCT 1997) I.9. 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) I.10. 52.219-28 Post-Award Small Business Program Representation. (NOV 2020) I.11. 52.222-3 Convict Labor. (JUN 2003) I.12. 52.222-6 Construction Wage Rate Requirements. (AUG 2018) I.13. 52.222-7 Withholding of Funds. (MAY 2014) I.14. 52.222-8 Payrolls and Basic Records. (AUG 2018) I.15. 52.222-9 Apprentices and Trainees. (JUL 2005) I.16. 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) I.17. 52.222-11 Subcontracts (Labor Standards). (MAY 2014) I.18. 52.222-12 Contract Termination – Debarment. (MAY 2014) I.19. 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014) I.20. 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) I.21. 52.222-15 Certification of Eligibility. (MAY 2014) I.22. 52.222-21 Prohibition of Segregated Facilities. (APR 2015) I.23. 52.222-26 Equal Opportunity. (SEP 2016) I.24. 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) I.25. 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) I.26. 52.222-50 Combating Trafficking in Persons. (OCT 2020) I.27. 52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020) I.28. 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2017) I.29. 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) I.30. 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021) Alternate I (JUL 1995) I.31. 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) I.32. 52.223-6 Drug Free Workplace. (MAY 2001) I.33. 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN 2016) I.34. 52.223-15 Energy Efficiency in Energy-Consuming Products. (MAY 2020) I.35. 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)

I.36. 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020) I.37. 52.225-9 Buy American – Construction Materials. (FEB 2021) I.38. 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) I.39. 52.227-4 Patent Indemnity–Construction Contracts. (DEC 2007) I.40. 52.228-1 Bid Guarantee. (SEP 1996) I.41. 52.228-2 Additional Bond Security. (OCT 1997) I.42. 52.228-11 Pledges of Assets. (FEB 2021) I.43. 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) I.44. 52.228-14 Irrevocable Letter of Credit. (NOV 2014) I.45. 52.228-15 Performance and Payment Bonds - Construction. (JUN 2020) I.46. 52.229-3 Federal, State, and Local Taxes. (FEB 2013) I.47. 52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014) I.48. 52.232-23 Assignment of Claims. (MAY 2014) I.49. 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) I.50. 52.232-33 Payment by Electronic Funds Transfer – System for Award Management. (OCT 2018) I.51. 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) I.52. 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) I.53. 52.233-1 Disputes. (MAY 2014) I.54. 52.233-3 Protest after Award. (AUG 1996) I.55. 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) I.56. 52.236-2 Differing Site Conditions. (APR 1984) I.57. 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) I.58. 52.236-5 Material and Workmanship. (APR 1984) I.59. 52.236-6 Superintendence of the Contractor (APR 1984) I.60. 52.236-7 Permits and Responsibilities. (NOV 1991) I.61. 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) I.62. 52.236-10 Operations and Storage Areas. (APR 1984) I.63. 52.236-11 Use and Possession Prior to Completion. (APR 1984) I.64. 52.236-12 Cleaning Up. (APR 1984) I.65. 52.236-13 Accident Prevention. (NOV 1991) I.66. 52.236-14 Availability and Use of Utility Services. (APR 1984) I.67. 52.236-17 Layout of Work. (APR 1984) I.68. 52.236-21 Specifications and Drawings for Construction. (FEB 1997) I.69. 52.236-26 Preconstruction Conference. (FEB 1995) I.70. 52.242-17 Government Delay of Work (APR 1984) I.71. 52.244-6 Subcontracts for Commercial Items. (NOV 2020) I.72. 52.246-21 Warranty of Construction. (MAR 1994) – Alternate I (APR 1984) I.73. 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) – Alternate I (APR 2012) I.74. 52.249-10 Default (Fixed-Price Construction). (APR 1984) I.75. 52.252-2 Clauses Incorporated by Reference. (FEB 1998) I.76. 52.253-1 Computer Generated Forms. (JAN 1991) I.77. 1452.203-70 Restrictions on Endorsements. (JUL 1996) I.78. 1452.204-70 Release of Claims (JUL 1996) I.79. 1452.215-70 Examination of Records by the Department of the Interior. (APR 1984) I.80. 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

a. 52.204-8 Annual Representations and Certifications. (MAR 2020)

b. 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

c. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

d. 52.225-10 Notice of Buy American Requirement – Construction Materials. (MAY 2014)

SECTION L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

L.1. 52.204-7 System for Award Management. (OCT 2018) L.2. 52.214-34 Submission of Offers in the English Language. (APR 1991) L.3. 52.214-35 Submission of Offers in U.S. Currency. (APR 1991) L.4. 52.215-1 Instructions to Offerors – Competitive Acquisition. (JAN 2017) L.5. 52.216-1 Type of Contract. (APR 1984) L.6. 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) L.7. 52.232-13 Notice of Progress Payments (APR 1984) L.8. 52.233-2 Service of Protest Department of the Interior (SEPT 2006) (Deviation) L.9. 52.236-27 Site Visit (Construction). (FEB 1995) – Alternate I (FEB 1995) L.10. 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984) L.11. GS2116 Distortions in Drawings (July 2001)

e. Instructions to Offerors – Supplement to 52.215-1 L.12. Question Cutoff L.13. Quotation Submission

SECTION M. EVALUATION FACTORS FOR AWARD

M.1. GS2335 Evaluation and Award—Negotiated

SECTION A. SOLICITATION/CONTRACT FORM

See SF1442 and instructions at section L.10 for providing prices and breakdown.

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

See SF1442.

SECTION C. DESCRIPTION/SPECIFICATIONS/PERFOMANCE WORK STATEMENT

The USGS Upper Midwest Environmental Sciences Center requires maintenance construction on the well pump, shaft and bearing assemblies to maintain peak operation and design output.

C.1. GS0301 General Requirements. (JUL 2001)

The contractor shall furnish all facilities, supervision, labor, and materials to provide goods/services in accordance with the terms and conditions herein and the specifications set forth in Attachment 1, entitled “Performance Work Statement”, Attachment 2, entitled “Wage Determination”.

See Section J for a complete list of attachments.

(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)

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

USGS/Upper Midwest Environmental Sciences Center 2630 Fanta Reed Road LaCrosse, WI 54603

(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 90 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

F.4. 52.242-15 Stop-Work Order (AUG 1989)

F.5. GS0919 Legal Holidays (JAN 2002)

The following legal holidays are observed by this Government agency:

New Year's Day January 01 Martin Luther King's Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Juneteeth 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.

(End of clause)

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

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

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

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

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

(End of clause)

F.7. 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 G: GS1306 Section I: 52.228-15

Within 10 days after contract award

CO

Proof of Liability Insurance

Section I: 1452.228-70 Within 10 days after contract award

CO

Schedule of Prices Section H: GS1125 Within 10 days after contract award

CO and COR

List of Subcontractors Section H: GS1354 Within 10 days after contract award

CO and COR

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

Section I: 52.222-11

The contractor is required to submit statement and acknowledgement to the Contracting Officer on the Standard Form (SF) 1413 (Attachment 5) also available at http://www.gsa.gov/portal/forms/download/115794

Within 7 days after award of this contract and within 7 days after the award of each subcontract thereafter.

CO

Construction Progress Schedule

Section G Clause GS1126 With each invoice for progress payment

COR

Weekly Payrolls for contractor and each subcontractor

Section I: 52.222-8

The contractor is required to submit copies of all payrolls. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. This information may be submitted in any form. The optional form WH- 347 (Attachment 3) or available from Department of Labor:

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

COR

Certification of Progress Payment (if requesting progress payment)

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

COR

DI-137 Release of Claims

Section I: 1452.204-70 Prior to submitting final invoice

CO

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

Final Invoice N/A After submitting Release of Claims

IPP and copy to COR

SECTION G. CONTRACT ADMINISTRATION DATA

G.1. 1452.201-70 Authorities and Delegations (SEP 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) and/or Technical Representative (TR) at time of award. The COR and/or TR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and TR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

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

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

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

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

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

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR or TR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's or TR’s appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer, COR and TR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer, or the COR or TR (acting within his or her appointment), shall be at the Contractor's risk.

(End of clause)

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

(a) A copy of each invoice must be marked “ORIGINAL” and submitted with two additional copies to the below designated billing office:

Original: U.S. Department of the Treasury’s Internet Payment Platform System (IPP)

Copy: U.S. Geological Survey Denver Federal Center, Denver Acquisition Branch Attn: Beth Wilson

Email: bwilson@usgs.gov

Note: Payroll statement must be submitted with each invoice and the final invoice must include a release of claims.

(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.

(End of clause)

G.4. DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (September 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

A copy of the Contractor’s internally generated invoice Price breakdown reflecting the labor hours, rates charged and material costs (invoice) Payroll statement shall be submitted with each invoice and must receive prior approval from the

COR and CO – contractor can use their own form or refer to Attachment 3 – Certified Payroll Form Final invoice must also include a Release of Claims Form DI-137 – refer to Attachment 4 – Release of Claims

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of clause) https://www.ipp.gov/

SECTION H. SPECIAL CONTRACT REQUIREMENTS

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

In accordance with the clause FAR 52.232-5, Payments under Fixed-Price Construction Contracts, the contractor shall, within 10 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.

(End of clause)

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 10 calendars days after contract award.

(End of clause)

H.5. SECURITY REQUIREMENTS: FACILITY ACCESS and INFORMATION TECHNOLOGY (AUG 2016)

(a) All Contractor employees must have an "Enter on Duty" (EOD) approval issued by the Bureau Personnel Security Office (PSO) before they begin performing work on any Bureau contract. The Contractor must ensure that all employees requesting an EOD are citizens of the United States of America, or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by Immigration and Naturalization Service documentation and the employee must have resided in the United States for a minimum of 3 years. The EOD may be issued in advance of a completed Background Investigation and may be rescinded by the PSO at any time. However, all contractors who require network access are required to complete the identity proofing process, and must be able to obtain a successfully adjudicated National Criminal History Check (NCHC) and National Agency Check with Inquiries (NACI) or higher to stay on the contract.

(b) Starting Work - Contractor employees with an approved EOD may begin performing unsupervised work on Bureau contracts. To remain on the contract, the Contractor employees will need a completed favorable Background Investigation.

(c) Rescission of EOD - The PSO may rescind the EOD at any time. This may occur as the result of additional information obtained or the final results of the background investigation.

(d) Background Investigation - Contractor employees who will have unsupervised access to Bureau facilities, access to the Department of the Interior (DOI) information technology (IT) systems or DOI data, or will develop custom applications, must have a favorably adjudicated background investigation from the Office of Personnel Management (OPM). Existing clearances at the same or higher level are acceptable upon the PSO’s review and approval. If the employee does not already have a complete investigation, they must apply for one. The employee may begin work with an EOD, but must receive a favorable background investigation to continue working on the contract. The background investigation includes obtaining fingerprints through a USAccess Credentialing Center for an FBI criminal history and a credit report. Once the investigation has been scheduled by OPM, the Bureau will receive advance reports. If those reports are favorable, the Bureau PSO will issue the EOD. The type of background investigation required is based on the risk/sensitivity level designation. Citizenship requirements and guidance for determining the appropriate type of background investigation required for the designated risk/sensitivity level are contained in DOI Departmental Manual (DM) Part 441. The DM is available on the Internet at http://elips.doi.gov/app_home/index.cfm?fuseaction=home.

(e) Electronic Questionnaire for Investigations Processing (e-QIP) – The Bureau uses the e-QIP for all background investigations or reinvestigations. To initiate an investigation, the Contractor, in collaboration with the COR, will complete an e-QIP Request Form. This request form is available through the COR. The COR will submit the completed request form to the Bureau PSO. The PSO will enter the information into e-QIP to either establish a new applicant profile or determine if an existing investigation that meets Bureau requirements is on file. The PSO will then contact the applicant to provide additional information and instructions.

Generally, the Contractor is required to complete the following forms:

e-QIP application (on-line) Fair Credit Release

OF-306

Fingerprints via USAccess Credentialing Centers

The Contractor shall complete the required background investigation forms and submit them to the PSO. The PSO shall determine if individuals meet the required background investigation standards and citizenship requirements, and then make a suitability determination. Minimum standards used in suitability determinations are contained in the DOI Departmental Manual Part 441. The Government will pay for any background investigations required for contractor employees. If the Contractor employee’s background investigation is returned as unfavorable, the Government reserves the right to request reimbursement of the actual costs for the investigation from the Contractor.

(f) Reinvestigation - Contractor employees occupying high risk public trust positions must be reinvestigated every 5 years. A reinvestigation may be initiated prior to the normal periodic reinvestigation schedule when an individual’s continued ability to meet the minimum background investigation standards is in question. The electronic fingerprints on file in the USAccess system will be electronically submitted to OPM for the reinvestigation. The PSO shall review the records and documentation and make the suitability determination.

(g) Disputes - In the event of a disagreement between the Contractor and the Government concerning the suitability of a particular employee to perform work under this contract, the Government has the right of final determination. Determinations under this requirement are subject to the Disputes Clause, FAR 52.233-1. Failure of the Contractor to comply with the requirements of this clause could constitute grounds for termination for default.

(h) Physical Security Requirements - DOI Access Cards.

(1) Contractor employees must have a DOI Access Card before being given unsupervised access to a Government facility.

(2) To gain unsupervised access to Government facilities, Contractor employees must present their DOI Access Card for examination by the security guard or electronically authenticate their DOI Access Card, as required. Contractor employees must keep their DOI Access Card in a shielded card holder, and visually display the card at all times while in the facility.

Refusal or repeated neglect to display the DOI Access Card may result in limiting Contractor employee’s access to Government facilities or revoking of authorized access.

(3) When a Contractor employee is no longer working under this award, the Contractor is responsible for returning all DOI Access Cards, keys, and other Government property issued to that employee. The Contactor shall coordinate all returns with the COR. The COR is responsible for ensuring the Contractor complies with these requirements. However, failure by the Contractor to comply with these requirements may result in the Contractor’s liability for all costs associated with correcting any resultant breech in building security.

(i) Issuance & Maintenance - DOI Access Cards

(1) Process: To obtain a DOI Access Card the COR will use the online DOIAccess System to initiate the access request.

Contractor employees will receive email notificat ions to enroll at a USAccess Credentialing Center with two forms of identification, and after adjudication, a second email notification to pick up and activate their DOI Access Card. The Contractor employee shall schedule an enrollment appointment at a USAccess center at least two weeks prior to the targeted EOD.

(2) Contractor Responsibilities: Contractor employees must complete actions in a timely manner to prepare for on-boarding and access to DOI network resources. The Contractor shall allow their personnel sufficient time to schedule and attend an enrollment appointment at the USAccess center prior to the contract start date. If the Contractor employee’s DOI Access Card becomes lost or stolen, the contractor employee shall notify the COR immediately to request a new DOI Access Card.

(3) COR Responsibilities: The COR (or designated individual) and Contractor shall maintain a listing of all Contractor employees who received a DOI Access Card, the date the card was issued, the date the electronic certificates expire (3 years from issue date), and the date the DOI Access Card expires (5 years from issue date). If the Contractor employee’s DOI Access Card or certificates will expire before the contract is completed, the COR (or designated individual) and Contractor is responsible for ensuring that the Contractor employee visits a USAccess center to update certificates on the existing card or obtain a new DOI Access Card. No later than one week prior to the DOI Access Card’s certificate or card expiration, the COR (or designated individual) shall notify the Contractor that DOI Access Card actions are required. The COR (or designated individual) and the Contractor shall update their listing to reflect the new issue date, certificate expiration date and card expiration date.

(j) Information Technology Security Requirements.

(1) Training – If contractor employees require access to any DOI/IT systems, the Contractor shall ensure its employees complete all Bureau/DOI required IT security training. The Contractor’s employees shall complete this training before being granted access to Bureau/DOI data or being issued network access. The current training requirements are: (i) annual end-user IT Security Awareness, (ii) annual IT Resources Rules of Behavior, and (iii) annual Role-Based Security training for IT professionals. The Contractor shall comply with all Bureau/DOI IT security training requirements in effect during contract performance. The COR will notify the Contractor of all Bureau mandatory IT training. The Contractor shall submit training completion certificates to the COR for all required training. Failure to meet this training requirement may result in removal of the contractor employee from the contract. The Bureau will determine if the contractor can later return to the contract.

(2) Access to Contractor’s Facilities for IT audit purposes - The Contractor shall afford Bureau and the Department of the Interior Office of Inspector General access to the Contractor’s and subcontractors’ facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit that will safeguard against threats and hazards to the integrity, availability, and confidentiality of Government data or to the function of computer systems operated on behalf of the Government and to preserve evidence of computer crime. If the Contractor questions the Government employee’s right to access its facilities, it should contact the CO for resolution.

(3) Contractor Location - Custom software development and outsourced operations shall be located in the United States to the maximum extent practical. If such services are proposed to be performed abroad, the Contractor shall provide an acceptable security plan that addresses the mitigation of problems related to communication, control, and protecting the confidentiality, integrity, and availability of IT systems and information.

(4) Applicable Standards - The Contractor shall follow all applicable Federal, DOI, and Bureau Bulletins, Directives, Guidelines, Manuals, Processing Standards, Memoranda, Policies and Standards; applicable OMB Memoranda; and all current National Institute of Standards & Technology (NIST) Special Publications. To comply with Federal Acquisition Regulation Subpart 39.101(d), contractors shall use the common security configurations available from the NIST website at http://checklists.nist.gov. NIST documents are available on the internet at http://csrc.nist.gov/publications/PubsSPs.html.

OMB memoranda are available on the internet at http://www.whitehouse.gov/omb/memoranda/. The Contractor shall request copies of DOI and Bureau documents by contacting the COR.

(5) Incident Reporting - The Contractor shall immediately report computer security incidents affecting Bureau/DOI data and systems in accordance with the Bureau Computer Incident Response policy. The Contractor shall request copies of the Bureau Computer Incident Response policy by contacting the COR.

(6) Assessment and Authorization (A&A) and Continuous Monitoring.– The Contractor shall comply with Bureau policy when developing, upgrading, modifying or supporting applications and/or systems that require A&A and Continuous Monitoring. The Contractor shall request copies of Bureau A&A policy by contacting the COR. The A&A requirement does not apply when the Contractor's employees merely access data or have "read only" access.

(k) Documentation - The Contractor shall document all work performed and ensure that the appropriate Assessment and Authorization (A&A) documents are updated to reflect the work performed and the current state of Bureau systems and networks. The Documentation requirement does not apply when the Contractor's employees merely access data or have "read only" access.

(l) Personnel Changes, Contractor Request - The Contractor shall immediately notify the COR and PSO when an employee is reassigned or leaves the Contractor’s employment and prior to any termination. The Contractor must adhere to the Bureau or Office’s mandatory exit clearance procedure. Once the COR has been notified that a Contractor employee is leaving the contract, the COR will initiate the exit clearance process in the DOIAccess System and forward to the Contractor the necessary instructions and form required to be completed prior to the contractor's employee’s departure. This form must be completed by the Contractor's employee and signed by both the Contractor's employee and the COR and then forwarded to the bureau/office specific program responsible for employee, volunteer, and contractor departures.

(m) Personnel Removal, Government Request - The Government retains the right to direct the Contractor to remove any prime or subcontractor personnel, regardless of prior clearance or background investigation adjudication status, whose actions, while assigned to this contract, clearly conflict with the security interests of the Government. The justification for the Government’s direction to remove Contractor personnel will be documented and provided to the Contractor by the CO.

(n) Subcontract Inclusion - The requirements of this clause must be incorporated into any subcontract if the subcontractor’s employee must have access to Bureau facilities.

(End of clause)

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

In the performance of this contract, the contractor shall comply with the requirements of U.S. Department of Labor Wage Decision WI20210015 dated 05/14/2021. The wage decision is incorporated and made a part of this order. (Attachment 2)

(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. 52.204-13 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. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020).

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

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

I.9. 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

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

I.11. 52.222-3 Convict Labor. (JUN 2003)

I.12. 52.222-6 Construction Wage Rate Requirements. (AUG 2018)

I.13. 52.222-7 Withholding of Funds. (MAY 2014)

I.14. 52.222-8 Payrolls and Basic Records. (AUG 2018)

I.15. 52.222-9 Apprentices and Trainees. (JUL 2005)

I.16. 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

I.17. 52.222-11 Subcontracts (Labor Standards). (MAY 2014)

I.18. 52.222-12 Contract Termination – Debarment. (MAY 2014)

I.19. 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

I.20. 52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

I.21. 52.222-15 Certification of Eligibility. (MAY 2014)

I.22. 52.222-21 Prohibition of Segregated Facilities. (APR 2015)

I.23. 52.222-26 Equal Opportunity. (SEP 2016)

I.24. 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

I.25. 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)

I.26. 52.222-50 Combating Trafficking in Persons. (OCT 2020)

I.27. 52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020)

I.28. 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2017)

I.29. 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

I.30. 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021) Alternate I (JUL 1995)

I.31. 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

I.32. 52.223-6 Drug Free Workplace. (MAY 2001)

I.33. 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN 2016)

I.34. 52.223-15 Energy Efficiency in Energy-Consuming Products. (MAY 2020)

I.35. 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)

I.36. 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020)

I.37. 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 FAR 2.101);

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

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

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

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor…