Sol_140L0624R0010.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)

BLM CONSTRUCTION and A&E - NOC

DENVER FEDERAL CENTER

BUILDING 85

PO BOX 25047

LNC

DENVER CO 80225-0047

Greetchen Jeremie - gjeremie@blm.gov

Jeane Steed - jsteed@blm.gov

Greetchen Jeremie 3032362626

1x 09/24/2024

140L0624R0010

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

Project Attachments:

Attch 1, IDIQ Statement of Work (8 pages)

Attch 2, IDIQ Price Schedule (1 page)

Attch 3, Sample Task Order Statement of Work (14 pages)

Attch 4, Wage Determination (7 pages)

Attch 5, Sample Task Order Pricing Worksheet (1 page)

Attch 6, Limitations on Subcontracting Worksheet (1 page)

Attch 7, Past Performance Questionnaire (3 pages)

Attch 8, SF1442 Completion Instructions (1 page)

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.)

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

11/11/2024

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

BLM CONSTRUCTION and A&E - NOC

DENVER FEDERAL CENTER

BUILDING 85

PO BOX 25047

LNC

DENVER CO 80225-0047

Jeane E. Steed

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 48

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L0624R0010

Period of Performance: 04/21/2025 to 04/21/2030

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

Sponsored by GSA

FAR (48 CFR) 53.110

SOLICITATION: 140L0624R0010

PROJECT DESCRIPTION: Construction HAZMAT & AML Response Page 4 of 48

140L0624R0010 Construction Hazardous Material and Abandoned Mine Land Response

Type of Contract: Indefinite Delivery/Indefinite Quantity (IDIQ) Construction Contract County: Various Sates & Counties Type of Construction: Other Heavy and Civil Engineering Construction

Ceiling: $45M NAICS: 237990 SIZE STD: $45M SET-ASIDE: 8(a) Competitive

Bureau of Land Management Contact Contract Specialist (CS) Contracting Officer (CO)

Name: Greetchen Jeremie Jeane Steed

Email: gjeremie@blm.gov jsteed@blm.gov

Proposals Submittal Information

Site Visit: No site visit is scheduled

Questions Due Date: 18 October 2024 / 2PM Mountain Time

Proposals Due Date: 11 November 2024 / 2PM Mountain Time mailto:gjeremie@blm.gov mailto:jsteed@blm.gov

PROJECT DESCRIPTION: Construction HAZMAT & AML Response Page 5 of 48

Table of Contents

SECTION A: SOLICITATION / CONTRACT FORM

SECTION B: PRICE SCHEDULE

SECTION C: SPECIFICATIONS/DRAWINGS

SECTION D: PACKAGING AND MARKING

SECTION E: INSPECTION AND ACCEPTANCE

SECTION F: DELIVERIES OR PERFORMANCE

SECTION G: CONTRACT ADMINISTRATION DATA

SECTION H: SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

SECTION J: LIST OF ATTACHMENTS

SECTION K: REPRESENTATIONS, CERTIFCATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M: EVALUATION FACTORS FOR AWARD

PROJECT DESCRIPTION: Construction HAZMAT & AML Response Page 6 of 48

PART I – THE SCHEDULE

SECTION A: SOLICITATION / CONTRACT FORM

Refer to pages 1-4 of this solicitation package (SF1442 - Solicitation, Offer, and Award).

(END OF SECTION A)

SECTION B: PRICE SCHEDULE

The minimum contract value issued against this contract shall not be less than $5,000.00. The maximum value of all task orders issued against this IDIQ is $45 million.

Contractors must complete the Price Schedule for both Labor and Equipment and the Pricing Worksheet provided in SECTION

J: LIST OF ATTACHMENTS.

Labor, equipment, and material breakdowns shall also be provided for each subcontractor in any task order proposal submitted under this contract.

LABOR RATES

All hourly rates shall be in compliance with Davis-Bacon Wage Determinations for the applicable state in which the work is executed. Planned response hourly rates shall be fully loaded rates including all overhead, general and administrative cost, and profit.

Overtime rates shall include all overhead, general and administrative cost, and profit. Overtime rates may include premium paid to the employee (generally 1.5 times the unburdened labor rate) but without fringe benefits that cease to accrue after the 40-hour work week ends, such as health insurance, life insurance, and certain payroll taxes. All appropriate state, federal, and or local taxes shall be included in the hourly rate.

Emergency response actions are defined as events necessitating mobilization of personnel and equipment to a site within an eight (8) hour timeframe.

EQUIPMENT AND MATERIALS

Prices for equipment shall include all overhead, general and administrative costs, and profit or fee. The per hour rate shall be paid for up to eight (8) hours usage. The per day rate shall apply to usage between eight (8) hours and five (5) working days.

The per week rate shall apply for over five (5) working days. The contractor shall include a standby rate for all equipment. This may be a percentage of rates listed below or a specific rate.

The contractor shall include prices only for equipment. In addition, the contractor shall obtain additional equipment as needed for a response action, such as equipment for unique site conditions (e.g., spider/walking excavators for steep slopes and boats for water operations), equipment accessories (e.g., 3D GPS systems for earthmoving machinery, compaction wheels for excavator arms, discs and mowers for tractors, and rippers for bulldozers), job specific items (e.g., trench boxes and water pumps), contaminant specific items (e.g.

air monitors), work site productivity and safety (e.g., lighting and shelters), items and services typically provided by subcontractors (e.g., well drilling and direct push) and other job related needs. The equipment used in a response action shall be sized in accordance with the needs of the situation. Therefore, if a smaller or larger sized machine, or alternative machine, would function more efficiently for conditions, the contractor should not be constrained to use of the following equipment only; rates for proposed alternate equipment shall be negotiated on a task order basis. For example, in Alaska, on-road equipment may not be appropriate.

The contractor may insert description and prices for any additional items that may be used in performance of this contract.

Vehicles used for response shall be permitted for waste hauling and shall include portable "haz cat" kit, technical library, level A-D safety gear, lights, generator, communication equipment, air monitoring gear, leak/spill control equipment, decontamination/ neutralization equipment, and LEL explosimeter. Some of this equipment is separately priced below or elsewhere in the contract. To avoid double billing, that equipment should not be included in the pricing of vehicles used for response.

Equipment rates (with the exception of emergency designated equipment) are for planned response actions. Emergency response actions are defined as an event necessitating mobilization of personnel and equipment to a site within an eight (8)-hour timeframe.

All equipment shall be priced on a " dry" basis. Fuel, oil, and grease shall be estimated on a task-by-task basis.

PROJECT DESCRIPTION: Construction HAZMAT & AML Response Page 7 of 48

All standby rates for applicable equipment shall be no more 65% percent of the rates listed. Equipment rates apply to lower 48 states.

Alaska equipment rates may allow additional charges and will be negotiated on a task order basis.

(END OF SECTION B)

SECTION C: SPECIFICATIONS/DRAWINGS

Specifications are attached in SECTION J: LIST OF ATTACHMENTS and incorporated herein by reference.

(END OF SECTION C)

SECTION D: PACKAGING AND MARKING

Packaging and marking of deliverables shall be in accordance with the contractor’s standard commercial practices.

(END OF SECTION D)

SECTION E: INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.246-12 Inspection of Construction August 1996

52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements August 1996

Final completion of the punch list items, submission of all required submittals, and final cleanup of the project site shall be accomplished before the contract’s required completion date. The Contracting Officer or his/her designated representative will perform final inspection. Acceptance of the work will occur only upon written notice of acceptance by the Contracting Officer or any other warranted Contracting Officer at the National Operations Center (NOC), Bureau of Land Management (BLM) performing authorized duties in conjunction with this contract. Each task order completion date will be specified in the task order.

(END OF SECTION E)

SECTION F: DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work April 1984

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) | ALTERNATE 1 (APR 1984)

The Contractor shall be required to

(a) commence work under this contract within the number of calendar days specified at the task order level, 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 the number of calendar days specified at the task order level, after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed, and that the Offeror will provide the necessary bonds and/or insurance within 10 days of the notice to proceed. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(END OF SECTION F)

PROJECT DESCRIPTION: Construction HAZMAT & AML Response Page 8 of 48

SECTION G: CONTRACT ADMINISTRATION DATA

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) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR 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 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 has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR'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 and the COR.

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

1452.204-70 RELEASE OF CLAIMS (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

G-1 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 Contractor Performance Assessment Reporting System (CPARS) 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.

PROJECT DESCRIPTION: Construction HAZMAT & AML Response Page 9 of 48

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 a) provide your views on the causes and ramifications of the assessed performance.

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

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

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

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

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

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

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

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

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

G-2 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) (FEB 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System

(IPP).

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

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

1. Invoice date and Government Contract Number

2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

3. The accounting must follow the approved schedule of values as described in the specification attachment.

4. Total amount due for the billing period

5. Certification of Progress Payment

6. Payrolls (Mail weekly)

7. Substantiation of Subcontractor Payment

8. Limitations on Subcontracting Worksheet with final payment request

9. 52.223-9 Certification with final payment request.

10. A Release of Claims (See DIAR 1452.204-70) with a request for final payment.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

https://www.cpars.gov/ https://www.cpars.gov/ https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

PROJECT DESCRIPTION: Construction HAZMAT & AML Response Page 10 of 48

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.

IPP Hotline: To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.

G-3 GOVERNMENT POINTS OF CONTACT

Greetchen Jeremie gjeremie@blm.gov Bureau of Land Management, OC-664 Denver Federal Center, Building 85 P.O. Box 25047 Denver, CO 80225-0047

Jeane Steed jsteed@blm.gov Bureau of Land Management, OC-664 Denver Federal Center, Building 85 P.O. Box 25047 Denver, CO 80225-0047

G-4 CONSTRUCTION CONTRACT ADMINISTRATION

FAR 36.211(b) requires that agencies provide descriptions of policies and procedures that apply to the definitization of equitable adjustments for change orders under construction contracts. Data on the time required to definitize equitable adjustments for change orders can be found at: https://www.doi.gov/pam/acquisition/policy/constructioncontract.

(END OF SECTION G)

https://www.doi.gov/pam/acquisition/policy/constructioncontract

PROJECT DESCRIPTION: Construction HAZMAT & AML Response Page 11 of 48

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H-1 WORK HOURS

The performance period established for this contract is based upon all work being conducted during regular working hours between 7:30am and 5:00pm, Monday through Friday, excluding government holidays. If the contractor desires to carry on work outside regular hours (Saturdays, Sundays, government holidays), a written request must be submitted to the contracting officer (CO) in sufficient time allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

H-2 FIRE DANGER SEASON

If the contracting officer representative (COR) allows the contractor to continue work during periods of declared fire danger or season, the contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

H-3 DRAWINGS

(a) Typical Drawings. Any drawings titled typical are general only and dimensions of each structure will be fixed by the contracting officer to adapt the design to existing conditions at the structure location.

(b) Reduced Size Drawings. Any drawings identified as "REDUCED SIZE DRAWINGS" appearing in the solicitation are photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. Prospective offerors desiring to review a copy of the full-size drawings may contact the primary contracting office point-of-contact contracting identified in the solicitation.

H-4 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

(a) The Historic and Archeological Data Preservation Act of 1974 provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.

(b) If, in connection with operations under this contract, the contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the contracting officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.

(c) Where appropriate by reason of discovery, the contracting officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

(d) The contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The contractor shall immediately notify the contracting officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.

H-5 MINIMUM GUARANTEE

The Government will award a minimum guarantee of $5,000.00 to each successful offeror at the time of contract award with the first task order issued. However, the contract awardee shall not invoice for this task order. However, if the sample task order is awarded to one of the successful awardees, then the minimum guarantee is satisfied with that task order award.

H-6 TASK ORDER PROCEDURES, PROPOSALS AND SELECTION

A. Task orders will be issued in writing by an authorized, warranted construction CO to the contractor designating required work to be completed, period of performance, and required deliverables.

B. All task orders shall be firm fixed price and shall abide by the applicable Davis-Bacon Wage Determination for the state in which the task order is to be performed. The Government will request task order pricing in writing, time permitting. The contractor shall provide a written price proposal with all costs broken down by labor category and number of hours. All equipment, materials, laboratory analysis, safety gear, transportation, disposal, mobilization and demobilization costs shall be displayed separately. A technical approach and past performance may be required at the task order level.

PROJECT DESCRIPTION: Construction HAZMAT & AML Response Page 12 of 48

C. Task order proposals and awards shall comply with FAR 16.505, Ordering. When the Government has a requirement for work to be performed, the CO will notify contractors of:

(1) the work to be performed,

(2) the desired performance period and

(3) any other information considered to be of assistance to the contractor in preparing a proposal. The contractor will transmit the written task order proposal via e-mail. Contractors are required to submit proposals for every task order unless waived by the CO for the basic contract.

D. The task order RFP shall not obligate the Government to issue task orders under this contract nor shall it authorize the contractor to perform any work pursuant to such requests for proposal prior to the contractor’s receipt of a task order award.

E. Task order selection may be lowest priced (LP), low priced technically acceptable (LPTA), or Trade-offs. Evaluation criteria will be tailored to each task order. Proposal page limitations, proposal due dates, and relative importance of evaluation factors, if any, shall be identified in each individual task order RFP.

F. When performance time is of the essence (emergency response), the CO may issue a verbal notice to proceed for immediate response requirements with a not to exceed firm fixed price. Emergency response task orders shall be issued alternately to awardees.

Task order COs shall contact the basic contract CO for instructions on which awardee shall be contacted to respond to their emergency.

Those verbal orders shall only be issued after confirmation of availability of appropriated funds. The contractor shall submit the required work plan information and a written price proposal within five calendar days from the date of receipt of the verbal order.

G. The contractor shall submit within the time requested by the COR a contractor work plan. This plan is subject to review of the COR and CO. If during the period of performance, a modification becomes necessary, the contractor shall promptly submit to the COR and CO a revised work plan. Revised work plans are subject to the review of the COR and CO.

H. Task orders placed shall not exceed the task order CO’s construction warrant.

H-7 SAFETY AND QUALITY CONTROL PLAN

Within 10-days following task order award, the contractor must provide effective quality control and safety plans for acceptance by the Government.

H-8 INDEMNIFICATION

A. The contractor shall defend, indemnify, and hold harmless to the full extent permitted by law the United States Government and its employees and agents from and against any and all claims, damages, demands, suits, actions, judgments, liabilities, defaults or costs and expenses including commercial costs and attorney fees (all of which shall collectively be referred to herein as the "Liabilities"), including without limitation any claims or proceedings relating to any hazardous wastes or toxic substances present on each site or location, or involving any violation of or any liability under the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), the Occupational Safety and Health Act or any other federal, state, or local environmental statutes or any amendment thereto, extension thereof, or regulations thereunder arising out of the contractor's negligent performance and/or willful misconduct hereunder.

B. Notwithstanding any other provisions herein to the contrary, the contractor shall not be obligated to indemnify the United States

Government and its employees and agents for liabilities caused by their negligent acts or omissions of the United States Government.

C. Contractor and Government obligations under this clause shall survive any expiration or termination of this contract or the period of performance hereunder for a period of five (5) years from the date of expiration or termination or completion of the last performance date of any task order issued under this contract. The contents of this clause shall flow down to all subcontractors.

H-9 OTHER CONTRACTS

The Government may undertake work with its own forces or award other contracts for additional work. The Contractor shall fully cooperate with such other contractors and government employees and fit its own work to such additional work as may be directed by the CO. The contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by government employees.

H-10 CONTRACTOR LICENSING REQUIREMENT

The prime contractor must be licensed in the state in which the work is being performed.

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H-11 FEDERAL HOLIDAYS

The following federal holidays are observed, to include those proclaimed by executive order:

New Year’s Day Labor Day Martin Luther King, Jr. Day Columbus Day President’s Day Veterans’ Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day

H-12 WORKING FILES

The contractor shall maintain accurate working files on all work documentation including calculations, assumptions, interpretations of regulations, sources of information, and other raw data required in the performance of this contract. The Contractor shall provide the information contained in its working file upon request of the task order CO.

H-13 CONSULTANTS SERVICES AND CONSENT

The contractor shall obtain the consent of the task order CO prior to using any consultant on this contract. The contractor shall determine whether any prospective consultant has in effect an agreement with another federal agency for similar or like services and, if so, shall notify the task order CO.

H-14 FABRICATION OR ACQUISITION OF NONEXPENDABLE PROPERTY

The contractor shall not fabricate nor acquire under this contract, either directly or indirectly through a subcontract, any item of nonexpendable property without written approval from the task order CO.

H-15 FACT TESTIMONY

From time to time, the Government may require fact testimony during enforcement proceeding for a given site where the contractor provided or is providing services. Such effort shall be considered within the scope of this contract. The individual(s) selected to testify shall be fully knowledgeable of details of the site under litigation, shall be credible in their field. The testimony shall normally relate to actions the contractor took or is taking at a site. Preparation of affidavits and depositions may be required. In the event such services are required after performance of this contract, a separate negotiated procurement action may be instituted with the contractor.

H-16 FUTURE FACT CONSULTING SERVICES

It is recognized that, subsequent to the performance period of this contract, the need may arise to provide fact testimony during hearings and/or court proceedings involving spill prevention and/or oil/hazardous substances discharge violations, or other matters with regard to which personnel provided by the contractor under this contract (including subcontractor personnel) would have gained expertise as a result of work performed under this contract. The contractor agrees to make available fact consulting services of such future proceedings and to enter into intent agreements as necessary with subcontractors to ensure the availability of subcontractor personnel to provide fact consulting services. Agreement to provide such services in the future serves as a notice of intent only. Such services are not purchased hereby.

H-17 GOVERNMENT RIGHTS UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) AS AMENDED BY SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT

(SARA)

A. The award of this contract does not constitute a waiver of the Government's right to bring action against any person, or persons, including the contractor, for liability under any provision of CERCLA as amended by SARA. Furthermore, if the Contractor is determined liable under Section 107 of CERCLA, the Government may set-off the amount of any such liability against amounts otherwise due and payable under this contract.

B. The disclosure of any potential conflicts of interest as required in the conflict-of-interest notification of this contract shall not be construed or interpreted as an admission by the contractor of any liability under CERCLA as amended by SARA. Further, nothing construed and/or interpreted as a waiver by the contractor in any defenses it may have or may wish to assess in any action by the Government under CERCLA as amended by SARA.

H-18 RETENTION AND AVAILABILITY OF CONTRACTOR FILES

A. This contract contains the FAR clause 52.215-2, Audit and Records – Negotiation, wherein the contractor is required to maintain and make available to the Contracting Officer or his/her representative (in accordance with FAR subpart 4.7, Contractor Records Retention) at its office books, records, documents and other evidence relating to this contract including personnel utilization

PROJECT DESCRIPTION: Construction HAZMAT & AML Response Page 14 of 48 records, site records, and accounting procedures and practices sufficient to reflect properly all costs claimed and incurred under this contract. Such files shall be made available for examination, audit, or reproduction.

B. The contractor is advised that the Government may file suit against potential responsible parties for cost incurred relative to site related removal activities. In such proceedings, the contractor's cost and performance records may become an integral part of the Government's case.

C. Accordingly, due to the extended nature of court proceedings and audit requirements, the contractor shall make available the records described above and in the audit clause for a total of 10 years after final payment under the contract in lieu of the three-year period stated in the clause.

D. The contractor shall make available records relating to any appeals, litigation, or settlement of claims with third parties related to this contract (i.e. cost recovery) until such appeals, litigation, or claims are disposed of.

E. The contractor shall not destroy original records relating to the contract until:

1. All litigation involving records has been finally settled and approval is obtained from the Contracting Officer or;

2. Ten years have passed from the date of final payment and no litigation involving records has been instituted and approval of the Contracting Officer is obtained. In no event should individual records be destroyed if such litigation is in process or pending.

3. Should the Contractor become insolvent prior to the 10-year period, then official records shall automatically become the property of BLM or other federal agencies utilizing this contract.

F. From time to time, the Government may, in support of litigation cases, have need for the contractor to research and make available such records in a form and manner not normally maintained by the contractor. Such effort shall be deemed to be within the scope of work under this contract. If this effort is required after performance of this contract, a separate negotiated procurement action may be instituted with the contractor.

G. The final invoice submitted after physical completion of the contract within the stated period of performance shall represent the final claim under this contract.

H-19 HEALTH AND SAFETY

The nature of the work to be performed under this contract may involve inherently hazardous situations. Further requirements are specified in the SOW and individual task orders.

H-20 CONTRACTOR’S LIABILITY FOR HAZARDOUS MATERIAL INCIDENTS

The contractor shall be solely liable for all expenses incurred in response to incidents, removals, sampling, shipping and proper disposal of contaminated material resulting from hazardous material incidents that are caused by the actions of its employees, agents, or subcontractor(s). The contractor shall be solely liable for damages and shall fully reimburse the BLM or other federal agencies utilizing this contract and others for replacement costs and damages to any public or private property resulting from contractor's actions. These responsibilities shall include replacement of decontamination of soil, gravel, rock and other damaged property including damages to the environment, human health and natural resources.

H-21 CONTRACTOR’S LIABILITY FOR TRANSPORTING HAZARDOUS MATERIALS, WASTES AND OTHER ITEMS

The contractor and transporter shall assume all liability for all waste material when it is loaded on the truck at time of shipment from the BLM or other federal agencies utilizing this contract and shall assume full responsibility for compliance with all applicable regulations regarding transportation.

H-22 SURCHARGES

Any surcharges incurred by the contractor at the disposal facility due to dated material that is transported and disposed after regulated time limits shall be reimbursed upon submission of proof of payment by the TSD facility. The contractor must submit a surcharge schedule from the facility with all dates from the material including date of storage, pickup and disposal. If the surcharge is caused by the contractor holding the material in intermediate storage or storage at the final disposal facility beyond the regulated time limits, the contactor shall not be reimbursed the surcharge. Reimbursement will be paid for actual costs only. No overhead, general and administrative costs or fee/profit will be allowed.

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H-23 LIMITATION OF FUTURE CONTRACTING

It is agreed by the parties to this contract that the contractor shall be restricted in its future contracting in the manner described below:

A. If the contractor, under the terms of this contract, or through the performance of work pursuant to this contract, is required to develop specifications or statements of work and such specifications or statements of work are incorporated into a BLM or other federal agency utilizing this contract solicitation, the contractor shall be ineligible to perform the work described in that solicitation as a prime contractor or subcontractor.

B. The contractor, during the life of this contract and for a period of five (5) years after the expiration of the contract, agrees not to enter into a contract with or to represent any party with respect to any work relating to CERCLA activities or that may jeopardize CERCLA enforcement actions, pertaining to a site where the contractor previously performed under this contract without prior written approval of the CO.

C. During this contract, the contractor agrees that unless otherwise authorized by the Contracting Officer:

1. The contractor shall not perform work under another contract vehicle as a prime, subcontractor or consultant at a site where it has previously worked under this contract.

2. The contractor shall be ineligible for award of contracts for sites where work has been performed under this contract which result from CERCLA or RCRA consent decree or court order. The contractor can compete for private sector contracts in site areas where it is not performed work with prior written approval of the Contracting Officer. If such approval is obtained, the contractor shall segregate its staff working for the private sector client from those working under this contract to the extent necessary to prevent transfer of confidential BLM or other federal agencies’ information obtained while performing work under this contract.

D. The contractor agrees if any bids/proposals are submitted for any work that would require approval of the Contracting Officer prior to entering into a contract subject to the restrictions of this clause, then those bids/proposals are submitted at the contractor's own risk. No claim shall be made against the Government to recover bid/proposal costs as a direct cost whether the request for authorization to enter into the contract is denied or approved.

E. To the extent that the work under this contract requires access to proprietary or confidential business or financial data of other companies, and as long as such data remains proprietary or confidential, the contractor shall protect such data from unauthorized use and disclosure and shall not use it to compete with such companies.

F. Substantially the language under this clause shall conform and flow down to all subcontractor consultant agreements placed hereunder by the contractor, except for subcontracts or consultant agreements for nondiscretionary technical or engineering services including treatability studies, well drilling, fence erecting, plumbing, utility hookups, security guard services or electrical services unless otherwise authorized by the Contracting Officer for this contract.

H-24 MANDATORY INSURANCE COVERAGE

In addition to contract clause, DIARS 1452.228-70, Liability Insurance, it is directed that within 15 days after the award of this contract, the contractor and all subcontractors shall furnish to the Contracting Officer an original certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified as follows. Task orders may require increased coverage. All insurance shall flow down to all subcontractors including disposal facilities.

Pollution Liability Insurance: $1,000,000.00 per occurrence

Sudden and Accidental Discharges of Hazardous Materials and TSDFs: $5,000,000.00 per occurrence for transporters of toxic materials and/or other as required by state and/or federal law.

H-25 LIMITATIONS ON SUBCONTRACTING REPORTING

In accordance with 52.219-14 Limitations on Subcontracting, the prime contractor must perform at least 15% of the cost of the contract, excluding the cost of materials with its own employees and employees of a similarly situated subcontractor. A similarly situated subcontractor is a small business concern subcontractor that is a participant of the same SBA program that qualified the prime contractor as an eligible offeror and awardee of the contract. The contractor is responsible for ensuring compliance with the Limitations on Subcontracting clause.

At the conclusion of the IDIQ contract’s period of performance and prior to final payment, the contractor shall submit a Limitations on Subcontracting Report directly to the Contracting Officer. The following information is required as part of the report:

1) The total amount paid to the prime during the performance period broken out by labor and materials

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2) List of similarly situated subcontractors and the amounts paid to each during the performance period broken out by labor and materials

3) List of any other subcontractors and the amounts paid to each during the performance period broken out by labor and materials

If the contracting officer review of the report finds that the contractor is not in compliance for the period of performance, the contractor will be notified in writing. Penalties for failure to comply are described in 13 CFR 125.6(h) which states:

Whoever violates the requirements set forth in paragraph (a) of this section shall be subject to the penalties prescribed in 15 U.S.C.

645(d), except that the fine shall be treated as the greater of $500,000 or the dollar amount spent, in excess of permitted levels, by the entity on subcontractors. A party's failure to comply with the spirit and intent of a subcontract with a similarly situated entity may be considered a basis for debarment on the grounds, including but not limited to, that the parties have violated the terms of a government contract or subcontract pursuant to FAR 9.406-2(b)(1)(i) (48 CFR 9.406-2(b)(1)(i)).

END OF PART I

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PART II – CONTRACT CLAUSES

SECTION I: CONTRACT CLAUSES

52.202-1 Definitions June 2020 52.203-3 Gratuities April 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government June 2020 52.203-7 Anti-Kickback Procedures June 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions June 2020 52.203-13 Contractor Code of Business Ethics and…