Sol_140L1722R0005.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040576654

COLORADO STATE OFFICE

2850 YOUNGFIELD STREET

LAKEWOOD CO 80215

LRA

Email:

rhall@blm.gov

Robert Hall 9708769038

1x 06/15/2022

140L1722R0005

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

A. Description of Work: Furnish labor, equipment, supplies and materials to strengthen the existing footing for the radio tower at Lands End by pouring additional concrete. All work shall be in accordance with these specifications and drawings.

B. Special Conditions: During construction the tower shall be supported in a manner approved by the EOR. This may include additional guys or tie downs, or a crane.

The method shall be as approved by the EOR. Maintaining structural integratory of the tower during construction shall be of upmost importance.

C. Ground Ring: Install new ground ring and attach to the building ground ring.

Ground Ring shall be as per Motorola R56 standards.

Project Location: Lands End, Grand Mesa, Grand Junction, Colorado

Estimated Period of Performance: 6 Sep 2022 - 26 May 2023

Rough Order of Magnitude: Between $100,000 and $500,000

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

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

07/15/2022

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

COLORADO STATE OFFICE

2850 YOUNGFIELD STREET

LAKEWOOD CO 80215

LRA

Robert Hall

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L1722R0005

BLM-CO Lands End Communications Tower

Reinforcement

The Bureau of Land Management is seeking well qualified small business vendors for a communications tower reinforcement project at

Lands End on top of the Grand Mesa overlooking

Grand Junction, CO.

Pre-Bid Site Tour: Scheduled for 16 June 10:00.

Meet at the site.

This is a solicitation for proposals to complete this project in accordance with the plans and specifications. Note, the plans have been architect or designer stamped, so there is little or no room for any deviation or alternate ideas.

If you have the necessary technical qualifications to include experience, technical competence, resources capability to perform along with recent and relevant past performance on projects of similar size and scope, we would like to hear from you. Based upon responses from the presolicitation and a similar project on Hill 71 at Lake City, this procurement remains open to all small businesses.

The Government is conducting a competitive acquisition for this requirement for a Firm Fixed

Price contract on a Low Price Technically

Acceptable basis.

Basic Contracting Requirements:

1. Active registration ¿ www.sam.gov

2. Invoicing and Payment ¿ www.ipp.gov ¿ 14 Day Prompt Payment

3. FAR Part 36 ¿ Construction Provisions and Clauses

4. FAR Part 15 ¿ Contracting by Negotiation

5. Davis Bacon Act Wages for Mesa County, CO

6. Bid, Performance, and Payment Bonds

7. Small Business Set-Aside for NAICS ¿ 237130 ¿ Size Standard $39.5M

8. Basis for Award ¿ Low Price Technically Acceptable with a thorough review of your technical proposal.

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L1722R0005

Minimum Requirements for Responsive Proposal:

1. Signed, dated and filled in SF1442, amendments acknowledged.

2. Technical Proposal detailing your technical expertise, capabilities, resources, recent and relevant past performance on projects of similar size and scope and specific plan of action for accomplishing this project. A generic or boiler plate technical response without relevant details to this project will most likely be deemed

¿technically unacceptable¿.

3. Bid Bond ¿ 20% of price.

Instructions: Email your proposal (items 1, 2.

And 3 above) to the POC no later than the closing date of the solicitation. Format the subject line: ¿140L1722R0005 ¿ Lands End Tower

Reinforcement ¿ Insert your Business Name¿.

POC: Contracting Officer Robert Hall -rhall@blm.gov - 970-876-9038

Delivery: 08/19/2022

Delivery Location Code: 0004276315

BLM-CO COLORADO STATE OFFICE*

2850 YOUNGFIELD STREET

LAKEWOOD CO 80215 US

Period of Performance: 07/25/2022 to 09/30/2022

00010 Lands End Tower Footings

Product/Service Code: Z2BG

Product/Service Description: REPAIR OR ALTERATION

OF ELECTRONIC AND COMMUNICATIONS FACILITIES

Period of Performance: 07/18/2022 to 09/30/2022

Reminder: All invoices must be submitted directly to www.ipp.gov and include a matching invoice attachment, certification for progress payments, certified payroll and a release of

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L1722R0005 claims with the final invoice.

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

RFP No. 140L4222R0005 Desig Page 6 of 49

BLM-CO Lands End Tower

Table of Contents

SECTION B – SCHEDULE OF ITEMS

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

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, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M - EVALUATION FACTORS FOR AWARD

RFP No. 140L4222R0005 Desig Page 7 of 49

SECTION B – SCHEDULE OF ITEMS

Job Title: GAOA-Lands End Tower Reinforcement

Furnish necessary labor, equipment, supervision, supplies and materials to provide items listed below in accordance with the specifications in Section C and all other provisions contained herein.

Line Pay Item Description Quantity Unit Unit Price Total Price

10 01009(10) Tower support during construction 1 LS

20 01009(20) Place Concrete for tower support 1 LS

30 01009(30) Tower Ground Ring 1 LS

40 01505(10) Mobilization 1 LS

Total $_______________

(All or None)

RFP No. 140L4222R0005 Desig Page 8 of 49

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 SCOPE OF WORK

PART 1: GENERAL

1.01 SUMMARY:

A. Description of Work: Furnish labor, equipment, supplies and materials to strengthen the existing footing for the radio tower at Lands End by pouring additional concrete. All work shall be in accordance with these specifications and drawings.

B. Special Conditions: During construction the tower shall be supported in a manner approved by the EOR. This may include additional guys or tie downs, or a crane. The method shall be as approved by the EOR. Maintaining structural integratory of the tower during construction shall be of upmost importance.

C. Ground Ring: Install new ground ring and attach to the building ground ring. Ground Ring shall be as per Motorola R56 standards.

D. Location: Work under this Contract is near Grand Junction in Mesa County, Colorado.

1.02 SUBMITTALS:

A. Scope: Submittals include design computations, manufacturers' literature, and samples.

B. Requirements: Refer to each specification section for a complete list of submittals required. Allow at least 10 working days for review. The preconstruction conference will not be scheduled until all submittals have been submitted, accepted, and approved. Submittals shall be emailed to Dave Dickman

DDICKMAN@BLM.GOV

1. Submit a detailed plan for supporting the tower during construction.

C.3 GOVERNMENT CONTACTS

PM/COR: Civil Engineer David Dickman - ddickman@blm.gov – Office: (970) 244-3176– Cell: (970) 261-9059

Contracting Officer: Robert Hall - rhall@blm.gov – 970-876-9038

C.4 SOLICITATION DRAWINGS – SEE ATTACHMENTS

C.5 DESIGN SPECIFICATIONS AND REQUIREMENTS – SEE ATTACHMENTS

C.6 SUBMITTALS, MEASUREMENT AND PAYMENT – per Schedule B

C.7 BIOBASED PRODUCTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive

Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal

Acquisition Regulation (FAR) to provide biobased products. The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable federal mailto:DDICKMAN@BLM.GOV mailto:ddickman@blm.gov mailto:rhall@blm.gov

RFP No. 140L4222R0005 Desig Page 9 of 49 specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is a sample of USDA-approved products that may be used in this contract for minor construction and operations

& maintenance for which biobased products are available. The list is not all- inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic fluid Lubricants and Greases Wood and concrete sealers Composite panels

Wood and concrete stains Concrete and asphalt release fluids

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at https://www.biopreferred.gov/BioPreferred/. The

Contractor should provide data for their biobased products such as biobased content and source of biobased material. In addition to the biobased products designated by the USDA in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The awarded Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes. The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification. The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

Helpful BioPreferred Links:

USDA’s BioPreferred Catalog https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

Policies and Laws https://www.biopreferred.gov/BioPreferred/faces/pages/PoliciesAndLaws.xhtml https://www.biopreferred.gov/BioPreferred/ https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml https://www.biopreferred.gov/BioPreferred/faces/pages/PoliciesAndLaws.xhtml

RFP No. 140L4222R0005 Desig Page 10 of 49

SECTION D—PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The government issued contract number shall be referenced by the contractor on all official communications to the government, e.g. letters, certified payrolls, e-mails, submittals, etc., starting upon notice of award. All email subject lines shall begin with the PO number along with a short specific of the subject being addressed.

RFP No. 140L4222R0005 Desig Page 11 of 49

SECTION E—INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/browse/index/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246-12 Inspection of Construction (AUG 1996)

E.2 INSPECTION AND ACCEPTANCE

(a) The contracting officer or the contracting officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: The project site.

E.3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The government will perform specific sampling and testing of work in progress where these responsibilities are not expressly assigned to the contractor by the BLM specifications or elsewhere herein. This does not relieve the contractor of completing contractor quality control work.

E.4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

RFP No. 140L4222R0005 Desig Page 12 of 49

SECTION F—DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed

F.2 FAR 52.242-14 Suspension of Work (APR 1984)

F.3 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 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 Sep 30, 2022.

Alternate I (Apr1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 25th 2022. 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 clause)

F.4 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The contracting officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of:

(1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project or adjacent property. Such action would include, but not be limited to, instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or

(2) Failure of the contractor to comply with specifications such as, but not limited to, placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the government. Such suspensions shall not be considered as suspensions for the convenience of the government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

RFP No. 140L4222R0005 Desig Page 13 of 49

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTNG OFFICER’S REPRESENTATIVE

The contracting officer’s representative (COR) is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms of this contract be effective or binding upon the government unless formalized by proper contractual documents executed by the contracting officer prior to completion of the contract. The contracting officer should be informed as soon as possible of any actions, or inactions, by the contractor, or the government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule, performance period, or costs stated in the contract).

On all matters that pertain to the contract terms and conditions, the contractor shall communicate with the contracting officer.

Whenever, in the opinion of the contractor, the COR requests effort outside the scope of the contract, the contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.2 DIAR LSM 1452.211-80 CORRESPONDENCE PROCEDURES

To promote timely and effective administration, correspondence (except for invoices and reports) submitted under this contract shall be subject to the following procedures: (a) Technical Correspondence. Technical correspondence shall be addressed to the COTR with an information copy of the correspondence to the Contracting Officer (see Subparagraph (d) below).

(b) Other Correspondence. All other correspondence shall be addressed to the Contracting Officer.

(c) Contracting Officer's Address. The Contracting Officer's address and telephone number are as follows:

Robert Hall

BLM Contracting Officer

2300 River Frontage Road | Silt, CO 81652

Office: (970) 876-9038

(c) Subject Line(s). All correspondence including email shall contain a subject line commencing with the contract number, as illustrated

SUBJECT : 140L4222CXXXX – Specific subject or matter

G.3 INVOICE PROCESSING PLATFORM (IPP)

The contractor shall use the Invoice Processing Platform (www.ipp.gov) for the submission of all project invoices. Prior to submitting the formal invoice at the IPP website, the contractor shall present to the COR a contractor-COR agreed to invoice worksheet in the field. Both parties will come to an agreement concerning the payable line items. After this agreement is achieved the contractor will submit its invoice in IPP for COR validation and CO approval..

Payment requests must be submitted electronically through the U. 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:

- Itemized matching attachment

- Certified Payroll for construction phases https://maps.google.com/?q=2300+River+Frontage+Road+%7C+Silt,+CO+81652+Office:+(970&entry=gmail&source=g http://www.ipp.gov/

RFP No. 140L4222R0005 Desig Page 14 of 49

- Progress Certification Request

- Release of Claims for the Final Invoice

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 at IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

G.4 PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES

It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are to be included in the “15101 Mobilization” line item.

G.5 RELEASE OF PERFORMANCE AND PAYMENT SECURITY

Performance and payment security furnished under this contract shall be retained by the government for a minimum period after acceptance of all work under the contract, including any warranty period.

Performance and payment security other than corporate or individual surety bonds will be returned to the contractor after this period if no claims against these bonds have been filed at that time. For contracts subject to the Miller Act this minimum period is one year.

G.6 COSTING OF CLAIMS OR MODIFICATIONS

The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications and for determining costs under terminated contracts, except, where actual costs cannot be determined from the contractor's accounting records. Allowable ownership and operating costs for owned or rented equipment may be determined from "The Construction

RFP No. 140L4222R0005 Desig Page 15 of 49

Equipment Ownership and Operating Expense Schedule," U.S. Army Corps of Engineers Publication EP 1110-1-8, published by the U.S. Government Printing Office or other comparable equipment rate publication, to the extent that such publications contain a listing of the equipment being costed or of similar equipment.

G.7 PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the contractor, may, at the option of the contracting officer, be included in progress payments.

Prior to payment, such material will be subject to government inspection and shall be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the contractor shall furnish the government with a right of ingress and egress to the property together with right of removal.

G.8 Notice to Contractors - CPARS (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.

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

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

a) Contractor Representatives may then provide comments in response to the 6.evaluation, or return the evaluation without comment.

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

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

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

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in

PPIRS-RC marked as "Pending" with or without comments and whether or not it has been closed.

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

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

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

RFP No. 140L4222R0005 Desig Page 16 of 49

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

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

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of notice)

RFP No. 140L4222R0005 Desig Page 17 of 49

SECTION H—SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT – ORDER OF PRECEDENCE

1. The contract includes the standard contract clauses and schedules current at the time of award. It also entails:

a. The solicitation in its entirety, including all drawings, cuts and illustrations, and any amendments during proposal evaluation and selection; and

b. The successful Offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

2. In the event of conflict or inconsistency between any of the provisions of the various portions of this contract, precedence shall be given in the following order:

a. Betterments: Any portions of the Offeror’s proposal, which both meet and exceed the provisions of the solicitation.

b. The provisions of the solicitation (See also FAR 52.236-21 Specifications and Drawings for Construction).

c. All other provisions of the accepted proposal.

d. Any design products, including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

H.2 VALUE ENGINEERING AFTER AWARD

3. reference to FAR 52.248-3, “Value Engineering – Construction,” the Government may refuse to entertain a “Value

Engineering Change Proposal” (VECP) for those “performance oriented” aspects of the solicitation documents which In were addressed in the Contractor’s accepted contract proposal and which were evaluated in competition with other offerors for award of this contract.

4. The Government may consider a VECP for those “prescriptive” aspects of the Solicitation documents, not addressed in the Contractor’s accepted contract proposal or addressed but evaluated only for minimum conformance with the

Solicitation requirements.

5. For purposes of this clause, the term “performance oriented” refers to those aspects of the design criteria or other contract requirements which allow the Offeror or Contractor certain latitude, choice of and flexibility to propose in its accepted contract offer a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

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6. In contrast, for purposes of this clause, the term “prescriptive” refers to those aspects of the design criteria or other solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific materials, approaches, systems and/or processes to be used. Prescriptive aspects typically allow the Offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation or other approach to fulfill the contract requirements.

H.3 KEY PERSONNEL, SUBCONTRACTORS, AND OUTSIDE ASSOCIATES OR CONSULTANTS

In connection with the services covered by this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to the individuals or firms that were specifically identified and agreed to during negotiations. The contractor shall obtain the Contracting Officer’s written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants.

H.4 DIAR 1401.670-1 AUTHORITIES AND DELEGATIONS (SEPT 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.

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H.5 DEVIATING FROM THE ACCEPTED DESIGN

The Contractor must obtain the approval of the Designer of Record and the Government’s concurrence for any Contractor proposed revision to the professionally stamped, sealed, and Government-approved design, before proceeding with the revision.

The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed and concurred design.

Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence. The Government reserves the right to disapprove such a revision.

Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

H.6 WARRANTY OF CONSTRUCTION WORK

In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (1) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

This warranty shall continue for a period of 1 year from the date of final acceptance of work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government owned or controlled real or personal property, when that damage is the result of

The contractor’s failure to conform to contract requirements; or

Any defect of equipment, material, or workmanship.

The Contractor's failure to conform to contract requirements; or

The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the

Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

Will respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall:

Obtain all warranties that would be given in normal commercial practice;

Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting

Officer; and

Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with

RFP No. 140L4222R0005 Desig Page 20 of 49 respect to latent defects, gross mistakes, or fraud.

H.7G OVERNMENT RIGHTS

The Government shall have unlimited rights in all drawings, designs, specifications, notes and all other works developed in this design in the event the entire scope of work (Base + Option Items) cannot be accomplished under this contract. The government reserves the right to use the design for a future contract award with parties other than the prime contract and its subcontractors performing on this contract.

H.8 PROJECT SPECIFIC RESOURCE PROTECTION MEASURES

Conservation Measures:

1. Temporarily store any waste liquids generated at the staging areas under cover on an impervious surface, such as tarpaulins, until such time they can be properly transported to and treated at an approved facility for treatment of hazardous materials.

2. Outline procedures based on Best Management Practices to confine, remove, and dispose of construction waste, including every type of debris, discharge water, concrete, cement, grout, washout facility, welding slag, petroleum product, or other hazardous materials generated, used, or stored on-site.

3. Outline procedures to contain and control a spill of any hazardous material generated, used or stored on-site, including notification of proper authorities.

4. Ensure that materials for emergency erosion and hazardous materials control are onsite and accessible at all times

(e.g., silt fence, straw bales, oil-absorbing floating boom, etc.)

5. Clean all equipment used for instream work of petroleum accumulations, dirt, plant material (to prevent the spread of noxious weeds), and leaks repaired prior to entering the project area. Such equipment includes large machinery, stationary power equipment (e.g., generators, canes, etc.), and gas-powered equipment with tanks larger than five gallons.

6. Store and fuel equipment in staging areas after daily use.

7. Inspect daily for fluid leaks before leaving the vehicle staging area for operation.

8. Thoroughly clean equipment before operation below ordinary high water or within 50 feet of any natural water body or areas that drain directly to streams or wetlands and as often as necessary during operation to remain grease free.

9. Visually monitor during project implementation to ensure effects are not greater (amount, extent) than anticipated and to contact Level 1 representatives if problems arise. Fix any problems that arise during project implementation. Regular biologist/hydrologist coordination with COR if biologist/hydrologist is not always on site to ensure contractor is following all stipulations.

H.9 PAYMENTS FOR INCIDENTAL ITEMS

The intent of the contract is to provide for the complete construction of the project described. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation and supplies and perform all work required to complete the project in accordance with drawings, specifications and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Bid Schedule. All other work and materials will be considered incidental or indirect to and included in the payment for items shown.

H.10 PRODUCT SUBSTITUTION

Any modification of items, designs, materials, products or equipment made necessary because of a substitution, will be the responsibility of the contractor without adjustment in contract price or time. The contracting officer's approval of any substitute will not affect the contractor's responsibility for such modification. Any and all substitutions will be requested by the contractor after award has been made. No approvals will be made prior to award.

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H.11 STORAGE AND STOCKPILING OF MATERIALS

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on BLM administered land (identified elsewhere herein) and approved by the BLM may be used for storage purposes and for the placing of contractor's plant equipment. All storage sites provided by the BLM shall be restored at the contractor's expense. Contractor shall be responsible for making arrangements for storage on other than BLM administered lands.

H.12 LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

(a) The contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the contracting officer. The contractor shall make all reasonable attempts to preserve the scenic and natural environment within and adjacent to this construction project.

(b) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.

(1) Wash water or waste from concrete, aggregate or other operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(2) Mechanized equipment shall not be operated in live streams without written approval by the contracting officer.

(c) No petroleum products or other hazardous substances shall be released on or into land or rivers, streams, impoundments or other waters, or into natural or manmade channels leading thereto or therefrom. Servicing of all equipment shall be done only in the areas approved by the contracting officer. The contractor shall transport off government lands all waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags and shall dispose of such materials in accordance with applicable State and Federal regulations.

(1) If the total on-site oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan.

Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. This plan shall include notification of appropriate state and local officials, the contracting officer and other appropriate agencies.

(2) At all on-site work areas (including contractor storage, transfer, fueling, mixing sites, etc., for oil, oil products or any hazardous materials), the contractor shall take appropriate preventive measures to ensure that any release of hazardous products does not enter any stream or other waters of the United States or any of the individual States and shall conform to the federal, state and local regulations. Planned spill containment locations in stream courses shall be established prior to commencement of work activities. These locations will be reviewed by the contracting officer or representative. When deemed appropriate; additional planned preventive measures shall be established for review by the contracting officer or representative.

(3) The contractor, acting independently, shall immediately take action to notify the appropriate agencies including the contracting officer, and to contain and clean up, without expense to the government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the contractor's employees, directly or indirectly. The contractor shall have the necessary materials on site to contain a spill which may occur on land or within live streams as appropriate for any potential flow conditions likely to occur. This may require absorbent pads and/or booms or other containment devices.