Sol_140G0225R0002.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 CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USGS OAG DENVER ACQUISITION BRANCH

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

GDB

Mary Wilson 573-397-2277

1x 11/22/2024

140G0225R0002

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

UEI:_______________________

The original solicitation was 140G0224R0017, which was a small business set aside.

This solicitation (140G0225R002) dissolves the small business set aside and is issued as a Full and Open Competition.

Maintenance, repair and/or removal (construction) of underwater Acoustic Deterrent

System (uADS) at Lock and Dam 19 on the Mississippi River (Keokuk, IA) in accordance with the attached terms and conditions and Statement of Work.

Confirmation of Attendance of Site Visit: Confirm attendance of the site visit no later than November 29, 2024, 10:00 AM (EST) by email notification to Beth Wilson, bwilson@usgs.gov. Provide names of personnel to be in attendance.

Site Visit: December 04, 2024, 01:00 PM (EST). Refer to Provision 52.236-27 Site

Visit (Construction) for detailed site visit instructions.

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

12/19/2024

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. 12/2022)

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 THE UNITED STATES CODE AT

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 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

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 51

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140G0225R0002

Period of Performance: 01/06/2025 to 12/31/2027

00010 Base: Maintenance

Services, non-personal to provide all plant, equipment, labor and materials (unless otherwise provided herein) necessary to provide Maintenance of underwater Acoustic Deterrent System (UADS) soundbar on the Mississippi River (Keokuk, IA) in accordance with the attached terms and conditions and Statement of Work.

Period of Performance: 01/06/2025 to 01/05/2026

00020 Option Year One Maintenance:

Services, non-personal to provide all plant, equipment, labor and materials (unless otherwise provided herein) necessary to provide Maintenance of underwater Acoustic Deterrent System (UADS) soundbar on the Mississippi River (Keokuk, IA) in accordance with the attached terms and conditions and Statement of Work.

(Option Line Item)

Anticipated Exercise Date 12/01/2025

Period of Performance: 01/06/2026 to 01/05/2027

00030 Option Removal:

Services, non-personal to provide all plant, equipment, labor and materials (unless otherwise provided herein) necessary to provide construction for complete removal all components of the Underwater Acoustic Deterrent System on the Mississippi River (Keokuk, IA) in accordance with the attached terms and conditions and

Statement of Work.

(Option Line Item)

Anticipated Exercise Date 12/01/2025

Period of Performance: 01/06/2026 to 12/31/2027

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

Sponsored by GSA

FAR (48 CFR) 53.110

140G0225R0002 Page 4 of 51

SECTION A. SOLICITATION/CONTRACT FORM

SECTION B. SERVICES OR CONSTRUCTION AND PRICES/COSTS

SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. GS0301 General Requirements. (JUL 2001) C.2. GS0350 Conformance with Environmental Management Systems (MAR 2016)

SECTION D. PACKAGING AND MARKING

SECTION E: INSPECTION AND ACCEPTANCE –

E.1 52.246-4 Inspection of Services – Fixed-Price. (AUG 1996) E.2 52.246-12 Inspection of Construction. (AUG 1996) E.3 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996) E.4 GS0725 Demonstration of Satisfactory Operation. (JUL 2001)

SECTION F: DELIVERIES OR PERFORMANCE

F.1 Performance Location F.2 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) F.4 52.211-13 Time Extensions (Sept 2000) F.5 52.242-14 Suspension of Work. (APR 1984) F.6 52.242-15 Stop-Work Order (AUG 1989) F.7 GS0919 Legal Holidays (JAN 2021) F.8 GS0925 Unscheduled Closures - Fixed Price (MAR 2003) F.9 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)(JUL 2001) H.2 NOTICE TO CONTRACTORS – Contractor Performance Assessment Reporting System (DEC 2015) H.3 Security Requirements: Facility Access And Information Technology (Aug 2016) H.4 GS1306 Performance and Payment Bonds. (MAY 2003) H.5 GS1338 Notice to the Government of Delays (JUL 2001) H.6 GS1346 Compliance with Occupational Safety and Health Act – Government Owned Facilities/Equipment. (APR 2003) H.7 GS1348 Accident Reporting (APR 2003) H.8 GS1354 List of Subcontractors (Construction) (JUL 2001) H.9 GS1440 Wage Decision Incorporation (JUL 2001)

SECTION I CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFEENCE (FEB 1998)

I.1 52.202-1 Definitions. (JUN 2020) I.2 52.203-3 Gratuities. (APR 1984) I.3 52.203-5 Covenant Against Contingent Fees. (MAY 2014) I.4 52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020) I.5 52.203-7 Anti-Kickback Procedures. (JUN 2020) I.6 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) I.7 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) I.8 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) I.9 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (NOV 2023) I.10 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017) I.11 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) I.12 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) I.13 52.204-13 System for Award Management Maintenance. (OCT 2018) I.14 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) I.15 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) I.16 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered

Entities. (DEC 2023) I.17 52.204-27 Prohibition on a ByteDance Covered Application. (JUN 2023) I.18 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV

2021) I.19 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) I.20 52.215-2 Audit and Records – Negotiation. (JUN 2020) I.21 52.215-8 Order of Precedence – Uniform Contract Format. (OCT 1997) I.22 52.219-8 Utilization of Small Business Concerns. (FEB 2024) I.23 52.219-14 Limitations on Subcontracting. (OCT 2022) I.24 52.219-28 Post-Award Small Business Program Representation. (FEB 2024) I.25 52.222-3 Convict Labor. (JUN 2003) I.26 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation. (MAR 2018) I.27 52.222-6 Construction Wage Rate Requirements. (AUG 2018) I.28 52.222-7 Withholding of Funds. (MAY 2014)

140G0225R0002 Page 5 of 51

I.29 52.222-8 Payrolls and Basic Records. (JUL 2021) I.30 52.222-9 Apprentices and Trainees. (JUL 2005) I.31 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) I.32 52.222-11 Subcontracts (Labor Standards). (MAY 2014) I.33 52.222-12 Contract Termination – Debarment. (MAY 2014) I.34 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014) I.35 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) I.36 52.222-15 Certification of Eligibility. (MAY 2014) I.37 52.222-19 Child Labor – Cooperation with Authorities and Remedies. (FEB 2024) I.38 52.222-21 Prohibition of Segregated Facilities. (APR 2015) I.39 52.222-26 Equal Opportunity. (SEP 2016) I.40 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) I.41 52.222-35 Equal Opportunity for Veterans. (JUN 2020) I.42 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) I.43 52.222-37 Employment Reports on Veterans. (JUN 2020) I.44 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) I.45 52.222-50 Combating Trafficking in Persons. (NOV 2021) I.46 52.222-54 Employment Eligibility Verification. (MAY 2022) I.47 52.222-55 Minimum Wages Under Executive Order 14026 (JAN 2022) I.48 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2022) I.49 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (MAY 2024) I.50 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021) Alternate I (JUL 1995) I.51 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2024) I.52 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) I.53 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (MAY 2024) I.55 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) I.58 52.227-1 Authorization and Consent. (JUN 2020) I.59 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (JUN 2020) I.60 52.227-4 Patent Indemnity–Construction Contracts. (DEC 2007) I.61 52.228-2 Additional Bond Security. (OCT 1997) I.62 52.228-11 Pledges of Assets. (FEB 2021) I.63 52.228-12 Prospective Subcontractor Requests for Bonds. (DEC 2022) I.64 52.228-14 Irrevocable Letter of Credit. (NOV 2014) I.65 52.229-3 Federal, State, and Local Taxes. (FEB 2013) I.66 52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014) I.67 52.232-17 Interest. (MAY 2014) I.68 52.232-23 Assignment of Claims. (MAY 2014) I.69 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) I.70 52.232-33 Payment by Electronic Funds Transfer – System for Award Management. (OCT 2018) I.71 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) I.72 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023) I.73 52.233-1 Disputes. (MAY 2014) I.74 52.233-3 Protest after Award. (AUG 1996) I.75 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) I.76 52.236-2 Differing Site Conditions. (APR 1984) I.77 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) I.78 52.236-5 Material and Workmanship. (APR 1984) I.79 52.236-6 Superintendence by the Contractor. (APR 1984) I.80 52.236-7 Permits and Responsibilities. (NOV 1991) I.81 52.236-8 Other Contracts. (APR 1984) I.82 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) I.83 52.236-10 Operations and Storage Areas. (APR 1984) I.84 52.236-11 Use and Possession Prior to Completion. (APR 1984) I.85 52.236-12 Cleaning Up. (APR 1984) I.86 52.236-13 Accident Prevention. (NOV 1991) I.87 52.236-14 Availability and Use of Utility Services. (APR 1984) I.88 52.236-17 Layout of Work. (APR 1984) I.89 52.236-21 Specifications and Drawings for Construction. (FEB 1997) I.90 52.236-26 Preconstruction Conference. (FEB 1995) I.93 52.242-13 Bankruptcy. (JUL 1995) I.94 52.242-17 Government Delay of Work (APR 1984) I.95 52.243-4 Changes. (JUN 2007) I.96 52.244-6 Subcontracts for Commercial Items. (FEB 2024) I.97 52.246-21 Warranty of Construction. (MAR 1994) – Alternate I (APR 1984) I.98 52.248-3 Value Engineering – Construction. (OCT 2020) I.99 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) – Alternate I (APR 2012) I.100 52.249-10 Default (Fixed-Price Construction). (APR 1984) I.101 52.253-1 Computer Generated Forms. (JAN 1991) I.102 1452.203-70 Restrictions on Endorsements. (JUL 1996) CONTRACT CLAUSES (Full Text) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) 52.217-7 Option for Increased Quantity – Separately Priced Line Item. (MAR 1989) 52.223-23 Sustainable Products and Services. (MAY 2024)

140G0225R0002 Page 6 of 51

52.225-9 Buy American – Construction Materials. (OCT 2022) 52.228-1 Bid Guarantee. (SEP 1996) 52.228-5 Insurance – Work on a Government Installation. (JAN 1997) 52.228-15 Performance and Payment Bonds - Construction. (JUN 2020) 52.232-18 Availability of Funds. (APR 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 1452.204-70 Release of Claims (JUL 1996) 1452.215-70 Examination of Records by the Department of the Interior. (APR 1984) 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. (MAY 2024) K.2 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) K.3 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) K4. 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures K.5 52.225-10 Notice of Buy American Requirement – Construction Materials. (MAY 2014)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

L.1 PROVISIONS INCORPORATED BY REFERENCE

52.204-7System for Award Management. (OCT 2018) 52.204-8Annual Representations and Certifications (MAY 2024) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-22 Alternate Line Item Proposal (JAN 2017) 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (DEC 2023) 52.215-1 Instructions to Offerors – Competitive Acquisition. (NOV 2021) 52.215-16 Facilities Capital Cost of Money (JUN 2003) 52.216-1 Type of Contract. (APR 1984) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.233-2Service of Protest Department of the Interior (SEPT 2006) 52.236-27 Site Visit (Construction). (FEB 1995) – Alternate I (FEB 1995) 52.236-28 Preparation of Proposals – Construction. (OCT 1997) 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984) Instructions to Offerors – Supplement to 52.215-1 GS2116 Distortions in Drawings (JUL 2001) Question Cutoff Proposal Submission

SECTION M - EVALUATION FACTORS FOR AWARD

GS2335 Evaluation and Award—Negotiated

A. BASIS FOR AWARD

140G0225R0002 Page 7 of 51

SECTION A. SOLICITATION/CONTRACT FORM

See SF1442.

SECTION B. SERVICES OR CONSTRUCTION AND PRICES/COSTS

See SF1442

SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

The Contractor shall furnish all facilities, labor, supervision, and materials to provide services/construction in accordance with the terms and conditions herein and the specifications set forth in Attachment 1, entitled “Statement of Work,” and Attachment 2, entitled “selectDrawingsPictures.”

See Section J for a complete list of attachments.

(End of clause)

C.2. 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 D is intentionally left blank.

SECTION E: INSPECTION AND ACCEPTANCE –

E.1 52.246-4 Inspection of Services – Fixed-Price. (AUG 1996)

(a) Definition. “Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

140G0225R0002 Page 8 of 51

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

E.2 52.246-12 Inspection of Construction. (AUG 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

140G0225R0002 Page 9 of 51

(2) Terminate for default the Contractor’s right to proceed.

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

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

(End of clause)

E.3 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

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

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may-

(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and

(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.

(End of clause)

E.4 GS0725 Demonstration of Satisfactory Operation. (JUL 2001)

The demonstration of satisfactory operation of the equipment and/or system shall include the actual operation of all elements of the equipment and/or system in order to establish that the equipment and/or system is one complete operating unit. The contractor shall demonstrate to the Contracting Officer or an authorized representative that the equipment and/or system will meet all the operating specifications of the contract. At time of demonstration of satisfactory operation, the contractor shall thoroughly acquaint the Geological Survey personnel with all aspects of the maintenance of the equipment and/or system.

(End of clause)

SECTION F: DELIVERIES OR PERFORMANCE

F.1 Performance Location

U.S. Army Corps of Engineers Lock and Dam Number 19 525 North Water Street Keokuk, Iowa 52632

140G0225R0002 Page 10 of 51

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.4 52.211-13 Time Extensions (Sept 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of clause)

F.5 52.242-14 Suspension of Work. (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed-For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

F.6 52.242-15 Stop-Work Order (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-Cancel the stop-work order; or Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if- The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

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(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

F.7 GS0919 Legal Holidays (JAN 2021)

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 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.8 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.9 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 10 days after contract award

CO

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Proof of Liability Insurance

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

CO

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

CO and 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 4) or available from Department of Labor:

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

Within 10 days after regular payment date of the payroll week covered

CO and COR 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

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;

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

140G0225R0002 Page 13 of 51

(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.

mailto:bwilson@usgs.gov

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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 4 – Certified Payroll Form

• Final invoice must also include a Release of Claims Form DI-137 – refer to Attachment 5 – 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)

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 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 NOTICE TO CONTRACTORS – Contractor Performance Assessment Reporting System (DEC 2015)

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

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

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

https://www.ipp.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html

140G0225R0002 Page 15 of 51

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

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

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

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

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

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

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

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

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

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

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

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation.