Sol_140L1725R0002_Amd_0001.pdf
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- BLM-CO GFO MILL CREEK CAMPGROUND EXPANSION
- Solicitation number
- 140L1725R0002
About this file
This is a Solicitation Amendment for a Bureau of Land Management (BLM) campground expansion and improvement project in Hinsdale County, Colorado. The solicitation (No. 140L1725R0002) is for constructing improvements at Mill Creek Campground, located 13.6 miles south of Lake City, with work including site work, road and parking area construction, precast concrete toilet installation, campsite construction, and bridge deck maintenance. The project is set aside for Service-Disabled Veteran Owned Small Businesses (SDVOSB) with a total small business size standard of $45M, and has a rough order of magnitude budget between $250,000 and $500,000. The contract will be a firm fixed-price construction contract with a 365-day performance period, with work to be completed Monday-Friday, excluding federal holidays, and accounting for potential weather limitations at the high-elevation site (around 9,500 feet). A pre-bid site visit is scheduled for May 16, 2025, at 11am, and proposals are due by June 16, 2025, to be submitted via email to the Contracting Officer.
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(x)
140L1725R0002 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR
OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
x
LRA
Lakewood CO 80225 Building 40 Denver Federal Center
COLORADO STATE OFF
05/14/20250001
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
FACILITY CODE CODE
10B. DATED (SEE ITEM 13)
10A. MODIFICATION OF CONTRACT/ORDER NO.
9B. DATED (SEE ITEM 11)
9A. AMENDMENT OF SOLICITATION NO.
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY
PAGE OF PAGES
4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)
1. CONTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
05/14/2025
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.
ORDER NO. IN ITEM 10A.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
BLM-CO GFO MILL CREEK CAMPGROUND EXPANSION AND IMPROVEMENTS
This is a solicitation for proposals in accordance with the Attachments.
Pre-Bid Site Visit: May 16, 2025 at 11am local time at Mill Creek Campground
Pre-Site POC: Peter Russell mobile (303) 358-1542 prussell@blm.gov
If you have the necessary technical qualifications to include qualifications, specialized experience, technical competence, capability to perform along with recent and relevant past performance on projects of similar size and scope, and are a Service-Disabled Veteran Owned
Small Business, we would like to hear from you. If you haven't already, please email the
Continued ...
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED
(Signature of person authorized to sign) (Signature of Contracting Officer)
Chau Nguyen
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
Previous edition unusable
Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 48
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140L1725R0002/0001
POC with your business name, DUNS, SAM UEI, and capabilities narrative tailored to this type of work, recent and relevant past performance, bonding capability, socioeconomic category, and contact information. Please review FAR Part 36.3 for the procurement plan we are pursuing.
Based upon the responses from the previous
Sources Sought notice and additional market research, this procurement has been set-aside for a Service-Disabled Veteran Owned Small Business
(SDVOSB). Misrepresentation of size status or socio-economic category can result in penalties.
Basic Contracting Requirements:
1. Active Registration - www.sam.gov - check it now please. Updates and registrations have been taking longer than they used to due to the transition from the DUNS number to the UEI. If having issues, don't pay anyone. Free assistance is available at your local PTAC -https://www.aptac-us.org/
2. Invoicing and Payment - www.ipp.gov - 14 day prompt pay with progress payments
3. FAR Part 15 - Contracting by Negotiation
4. FAR Part 36 - Construction Provisions and
Clauses
5. Davis Bacon Act Wages for Hinesdale County, CO
6. Total Small Business Set-Aside for NAICS
237990 - Size Std: $45M
7. Bid, Performance and Payment Bonding
8. Type of Contract - Firm Fixed Price
9. Basis of Award- Price and other Factors
Period of Performance: 07/01/2025 to 07/01/2026
Reminder: All invoices must be submitted directly to www.ipp.gov and include an itemized matching attachment.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
140L1725R0002- BLM-CO GFO MILL CREEK CAMPGROUND EXPANSION AND
IMPROVEMENTS
Table of Contents Section 1
Information to Offeror
9.1510.300—Signature Extension Page (Aug 1999)
Section B—Supplies or Services and Prices
B.1—Schedule of Items
B.2—Evaluation for Award
B.3—Bond Requirements
Section C—Description and Specifications
C.1—Statement of Work
Section D—Packaging and Marking
D.1—This section is not used
Section E—Inspection and Acceptance
E.1—Clauses By Reference
E.2—Inspection
E.3—Acceptance
Section F—Deliveries or Performance
F.1—Clauses By Reference
F.2—Commencement, Prosecution, and Completion of Work
Section G—Contract Administration Data
G.1—Procurement Office Representative
G.2—Contracting Officer’s Representative (COR) and/or Project Inspector (PI)
G.3—Designated Government Office for Submitting Proper Invoice
Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) APRIL 2011
G.4—Authorities and Delegations
G.5- Contractor Performance Assessment Reporting System (CPARS)
G.6- Key Personnel
Section H—Special Contract Requirements
H.1—Work Hours
H.2—Fire Danger Season
H.3—Preservation of Historical and Archeological Data
H.4—Drawings
H.5—Pre-work Conference
H.6—Notice to Proceed
Section I—Contract Clauses
I.1—Clauses Incorporated by Reference
I.2—Buy American Act-Construction Materials
I.3—Preconstruction Conference
I.4—Subcontracts for Commercial Items
I.5—Physical Data
I.6--Bid Guarantee
I.7—Additional Bond Security
I.8—Authorized Deviations in Clauses
I.9—Restrictions on Endorsements Department of the Interior
I.10—Release of Claims-Department of the Interior
I.11—Use of Foreign Construction Materials-Department of the Interior
I.12—Liability Insurance-Department of the Interior
Section J—List of Documents, Exhibits and Other Attachments
J.1—Department of Labor Wage Determination
J.2—Drawings/Maps/Site Location
Section K—Representations, Certifications, and Other Statement of Offerors
K.1 Solicitation Provisions Incorporated By Reference
K.2—Taxpayer Identification
K.3—Small Business Program Representations
K.4—Previous Contracts and Compliance Reports
K.5—Annual Representations and Certifications
K.6—Certification Regarding Responsibility Matters
K.7 Previous Contract and Compliance Reports
K.8 Affirmative Action Compliance
Section L—Instructions, Conditions and Notices to Bidders
L.1—Solicitation Provisions Incorporated by Reference
L.2—Type of Contract
L.3 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction
L.4 Proposal Submission Requirements
Section M—Evaluation Factors for Award
M.1—Contract Award
Section 1
Information to Offeror
SITE VISIT – (a) The clauses at 52.236-2, Differing Site Conditions and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.
Accordingly, you are urged and expected to inspect the site where the work will be performed.
An organized site visit has been scheduled for:
a. Date: May 16, 2025
b. Time: 11:00 AM MT
c. Place: Mill Creek Campground is 13.6 miles South of Lake City, CO on County Road 30
From Lake City, CO, travel south on CO-149, Turn right on County Road 30, travel approximately 11 miles, project location is on the left. The work location can be found by searching "Mill Creek Campground" in Google maps.
Mill Creek Campground Web Site: https://www.blm.gov/visit/mill-creek-campground-co
Contractors shall provide their own transportation. Government transportation shall not be provided to contractors.
Pre-Site POC: Peter Russell mobile (303) 358-1542 prussell@blm.gov
9.1510.300—Signature Extension Page (Aug 1999) All persons participating in a "joint venture" shall sign as contractors, when submitting a quote. Spaces are provided below for additional signatures. A written acceptance is required; all signatures on the quote will be required on the written acceptance.
By: _______________________________________ By: ______________________________________
Name & Title: ______________________________ Name & Title: ______________________________
Address: __________________________________ Address: _________________________________
By: _______________________________________ By: ______________________________________
Name & Title: ______________________________ Name & Title: ______________________________
Address: __________________________________ Address: _________________________________
By: _______________________________________ By: ______________________________________
Name & Title: ______________________________ Name & Title: ______________________________
Address: __________________________________ Address: __________________________________
For persons involved in a "partnership" this quote must be signed in the partnership name. The contractor shall be prepared to furnish the Government, upon demand, a list of all partners, and proof that they have authority to sign for the partnership.
Section B—Supplies or Services and Prices B.1—Schedule of Items
Please refer to attached Schedule of Items
B.2—Evaluation for Award
Award will be made on a Schedule basis based on the available funds in accordance with Section L, Instructions, Conditions and Notices to Offeror, Clause 52.215-1, Instructions to Offerors – Competitive Acquisition and Section M, Evaluation and Award Factors.
B.3—Bond Requirements
This project requires 20% bid guarantee (FAR 52.228-1); 100% payment bond or payment protection (FAR 52.228-15); and 100% performance bond, as described in 52.228-15, regardless of dollar amount.
Section C—Description and Specifications C.1—Statement of Work
Attached as separate file:
Specifications Drawings
Section D—Packaging and Marking
D.1—This section is not used.
Section E—Inspection and Acceptance E.1—Clauses By Reference
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 this/these address (es):
www.acquisition.gov http://farsite.hill.af.mil/vffara.htm
Clause Title Date 52.246-12 Inspection of Construction August 1996 52.246-13 Inspection—Dismantling, Demolition, or Removal of
Improvements August 1996
52.246-21 Warranty of Construction March 1994
E.2—Inspection
9.1510.301 INSPECTION AUG 1999
(a) Work will be subject to periodic inspections by the Government to assure satisfactory progress, to determine quantities or work performed for progress payment purposes, to be certain that work is being performed in accordance with contract specifications, and to determine if work corrections are necessary.
(b) Inspection in the form of a review of all required reports will be performed by the Contracting Officer's Representative (COR). Accordingly, all reports, data, and documentation required by the contract will be submitted to the COR who will recommend approval/disapproval for acceptance purposes to the Contracting Officer.
(c) The Contractor shall notify the COR or the Project Inspector (PI) at least 3 days before the scheduled completion date, so the Government can schedule final inspection. The Contractor will not be granted a time extension to perform a work correction required as a result of a periodic or final inspection if such correction is necessary because of improper work by the Contractor. The Contractor or his authorized representative must be at the worksite at time of final inspection.
E.3—Acceptance
9.1510.302 ACCEPTANCE AUG 1999
Final inspection and acceptance of all items/services to be delivered under this contract shall be the responsibility of the Contracting Officer. Quality of work is subject to verification by the COR, with final payment to be withheld pending completion of any necessary rework by the Contractor.
Section F—Deliveries or Performance F.1—Clauses By Reference
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 this/these address(es):
www.acquisition.gov http://farsite.hill.af.mil/vffara.htm
Clause Title Date 52.236-11 Use and Possession Prior to Completion April 1984 52.242-14 Suspension of Work April 1984
F.2—Commencement, Prosecution, and Completion of Work
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF
WORK
APRIL 1984
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 days after receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.
*The Government recognizes that seasonal climatic conditions may occur that restrict or prohibit normal construction activities. The anticipated length of the seasonal delay for this project is 10 days. This number of days has been included in calculating the stated period of performance. Therefore, the contract period of performance will not be extended due to normal seasonal weather delays.
Section G—Contract Administration Data G.1—Procurement Office Representative
9.1510-322 PROCUREMENT OFFICE REPRESENTATIVE (AUG 1999)
The Procurement Office Representatives for this requirement is:
Contracting Officer Chau Nguyen Bureau of Land Management Colorado State Office Denver Federal Center, Building 40 Lakewood, CO 80225 Email: cnguyen@blm.gov
G.2—Contracting Officer’s Representative (COR) and/or Project Inspector (PI)
9.1510.046 CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND/OR PROJECT
INSPECTOR (PI) (APR 1998)
The COR and/or Project Inspector (PI) will be appointed by the Contracting Officer upon award of the contract.
Such COR/PI will be responsible for giving the Contractor any special instructions or guidance necessary to complete delivery as required by the contract. The COR or PI does not have the authority to modify or in any way amend the terms of this contract.
The Contracting Officer’s Representative for this requirement is:
Peter Russell Bureau of Land Management Colorado State Office
UNCOMPAHGRE FIELD OFFICE*
2465 S TOWNSEND AVE
MONTROSE CO 81401
(970) 240-5433 prussell@blm.gov
G.3—Designated Government Office for Submitting Proper Invoice
9.1510.047 DESIGNATED GOVERNMENT OFFICE FOR SUBMITTING
PROPER INVOICE (APR 1998)
Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) APRIL 2011
Beginning May 1, 2011, payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP).
Payment terms for existing contracts and orders awarded prior to May 1 remain the same. The Contractor must use IPP for contracts and orders awarded May 1 and later, and must use the non-IPP invoicing process for those contracts and orders awarded prior to May 1.
"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 FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. 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:
Copy of contractor’s vendor commercial invoice Payroll documents Certification for progress payments under Fixed Price Construction Contracts
The Contractor must use the IPP website to enroll, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.
(End of Template)
G.4—Authorities and Delegations
1452.201-70 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.
G.5- Contractor Performance Assessment Reporting System (CPARS)
(a) 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.
(b) 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.
(c) We request that you furnish the Contracting Officer 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. The report information must be protected as source selection sensitive information not releasable to the public.
(d) When your Contractor Representative(s) (Past Performance Points of Contact) 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 http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.
(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions.
If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 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.” Your response is due within 30 calendar days after receipt of the CPAR.
(f) The following guidelines apply concerning your use of the past performance evaluation:
(1) 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 Contracting Officer for instructions.
(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.
(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer 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 30-day review period.
(h) 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.6- Key Personnel
(a) The contractor shall assign to this contract the following key personnel who will have the full authority to act on behalf of the contractor during performance of efforts hereunder:
Superintendent
To be determined during negotiations (Individual names shall be included in the resultant contract as an attachment. Revisions in accordance with the provisions of this clause will be made by superseding letters to be included as a bilateral contract modification)
Supervision shall be the responsibility of the Contractor. Any Contract employee problems in performance, attendance, or other personal problems shall be referred to the On-Site Supervisor to be referred on to the Contractor.
(b) During the performance of the contract, the Contractor shall make no substitutions of those personnel unless the substitution is necessitated by illness, death, termination of employment, or otherwise approved by the CO. The Contractor shall notify the CO within 15 calendar days after the occurrence of any of these events and provide information required by paragraph (c) below. After the initial year, the Contractor shall submit the information required by paragraph (c) to the CO at least 15 calendar days prior to making any permanent substitution.
(c) Substitution of key personnel shall require the written approval of the CO. The Contractor shall provide an explanation of the circumstances necessitating the proposed substitution, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutions should have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 60 calendar days after receipt of all required information of the decision on substitutions. The key listing of personnel shall be modified by superseding letters as a bilateral contract modification as stated in (a) above.
(d) The Government reserves the right to refuse any contractor employees recommended or referred by the Contractor.
Section H—Special Contract Requirements H.1—Work Hours
9.1510.015 WORK HOURS (APR 1998)
Work hours under this contract shall be limited to the hours of 7:00 am to 4:00 pm. If you require extended hours, you must put in a written request with the Contract rating Officer. No work will be done on Saturday, Sunday, or legal National Holidays or Federal Holidays unless authorized by the COR.
National and Federal Holidays to be observed are:
New Year Day Labor Day Martin Luther King’s Birthday President’s Day Thanksgiving Day
Independence Day Memorial Day Columbus Day Veteran’s Day Christmas Day Juneteenth Day
The Contractor shall observe any other day designated by Federal statute, Executive Order or the Presidential proclamation.
When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. All personnel assigned to perform under this contract shall limit their observation of holidays to those set forth above.
H.2—Fire Danger Season
9.1510-016 FIRE DANGER SEASON (APR 1998)
If the 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—Preservation of Historical and Archeological Data
9.1510-018 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA (APR 1998)
(a) Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.
(b) The Contractor agrees that should he or any of his employees in the performance of this contract discover evidence of possible scientific, prehistorical, historical, or archeological data he will notify the Contracting Officer immediately in writing giving the location and nature of the findings.
(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 applicable clauses in the Contract Clauses Section of this contract.
(d) The Contractor agrees to insert this paragraph in all subcontracts which involve the performance of work on the terrain of the site.
H.4—Drawings
9-1510-017 DRAWINGS (APR 1998)
(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 bidders desiring to review a copy of the full size drawings may contact the Contracting Officer identified in the solicitation.
H.5—Pre-work Conference
9-1510-304 PRE-WORK CONFERENCE (AUG 1999)
After award a pre-work conference shall be held between the Contractor and COR. The date and time of the meeting shall be determined by the COR and the Contractor in consultation. Discussions relative to contract requirements and the specific responsibilities of each party will be conducted at this time.
H.6—Notice to Proceed
9.1510-305 NOTICE TO PROCEED (AUG 1999)
After award of contract, the COR will issue a written notice to proceed to the Contractor. Issuance of such notice may be delayed for a reasonable time if adverse soil, vegetative, or climatologically conditions exist.
Section I—Contract Clauses I.1—Clauses Incorporated by Reference
52.252-02 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 this/these address(es):
www.acquisition.gov http://farsite.hill.af.mil/vffara.htm
Clause Title Date 52.202-1 Definitions of Words and Terms Provisions and Clauses June 2020 52.203-2 Certificate of Independent Price Determination April 1985 52.203-3 Gratuities April 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontract Sales to the Government June 2020 52.203-7 Anti-Kickback Procedures June 2020 52.203-8 Cancellation, Recession, 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 52.203-11 Certification and Disclosure Regarding Payments to
Influence Certain Federal Transactions September 2024
52.203-12 Limitation on Payment to Influence Certain Federal Transactions
June 2020
52.204-4 Printed or Copied Double Sided on Recycled Paper May 2011 52.204-7 System for Award Management November 2024 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards June 2020
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
January 2025
52.211-13 Time Extensions September 2000 52.211-18 Variation in Estimated Quantity April 1984 52.215-2 Audit and Records – Negotiation June 2020 52.215-5 Facsimile Proposals October 1997 52.215-8 Order of Precedence – Uniform Contract Format October 1997 52.219-6 Notice of Total Small Business Aside November 2020 52.219-14 Limitations on Subcontracting October 2022 52.219-28 Post-Award Small Business Program Representation January 2025
52.222-1 Notice To The Government Of Labor Disputes February 1997 52.222-3 Convict Labor June 2003 52.222-4 Contract Work Hours and Safety Standards Act-Overtime
Compensation May 2018
52.222-6 Construction Wage Rate Requirements August 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records July 2021 52.222-9 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Davis-Bacon and Related Act
Regulations.
May 2014
52.222-14 Disputes Concerning Labor Standards February 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities April 2015 52.222-26 Equal Opportunity Sept 2016 52.222-27 Affirmative Action Compliance Requirements for
Construction April 2015
52.222-35 Equal Opportunity for Veterans June 2020 52.222-36 Equal Opportunity for Workers with Disabilities June 2020 52.222-37 Employment Reports on Veterans June 2020 52.222-40 Notification of Employee Rights Under the National
Labor Relations Act December 2010
52.222-50 Combating Trafficking in Persons Nov 2021
52.222-54 Employment Eligibility Verification January 2025 52.223-3 Hazardous Material Identification and Material Safety
Data February 2021
52.223-5 Pollution Prevention and Right-to-Know Information May 2024 52.223-6 Drug Free Workplace May 2001 52.223-18 Encouraging Contractor Policies to Ban Text
Messaging While Driving August 2011
52.225-10 Notice of Buy American Act Requirement-Construction Materials
May 2014
52.225-13 Restrictions on Certain Foreign Purchases February 2021 52.225-25 Prohibition on Contracting with Entities Engaging in
Sanctioned Activities Relating to Iran Representation and Certification
June 2020
52.227-1 Authorization and Consent June 2020 52.227-4 Patent Indemnity – Construction Contracts December 2007 52.228-5 Insurance – Work on a Government Installation January 1997 52.228-11 Pledges Of Assets February 2021 52.228-12 Prospective Subcontractor Requests for Bonds December 2022 52.228-14 Irrevocable Letter of Credit November 2014 52.228-15 Performance and Payment Bonds – Construction June 2020
I.2—Buy American Act-Construction Materials
52.225-09 BUY AMERICAN ACT - CONSTRUCTION MATERIALS OCT 2022
52.229-3 Federal, State And Local Taxes February 2013 52.232-5 Payments under Fixed-Price Construction Contracts May 2014 52.232-16 Progress Payments November 2021 52.232-17 Interest May 2014 52.232-23 Assignment Of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts January 2017 52.232-33 Payment by Electronic Funds Transfer-System for
Award Management October 2018
52.233-1 Disputes May 2014 52.233-2 Service of Protest September 2006 52.233-3 Protest after Award August 1996 52.233-4 Applicable Law for Breach of Contract Claim October 2004 52.236-2 Differing Site Conditions April 1984 52.236-3 Site Investigation and Conditions Affecting the Work April 1984 52.236-5 Material and Workmanship April 1984 52.236-6 Superintendence by the Contractor April 1984 52.236-7 Permits and Responsibilities November 1991 52.236-8 Other Contracts April 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984
52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13 Accident Prevention November 1991 52.236-14 Availability and Use of Utility Services April 1984 52.236-16 Quantity Surveys April 1984 52.236-17 Layout of Work April 1984 52.236-21 Specifications and Drawings for Construction February 1997 52.242-13 Bankruptcy July 1995 52.243-4 Changes June 2007 52.244-6 Subcontracts for Commercial Items January 2025 52.245-1 Government Property September 2021 52.245-9 Use and Charges April 2012 52.248-3 Value Engineering-Construction, Alternate 1 October 2020 52.249-2 Termination for Convenience of the Government (Fixed-
Price)-Alternate 1 April 2012
52.249-10 Default (Fixed-Price Construction) April 1984 52.253-1 Computer Generated Forms January 1991
(a) Definitions. As used in this clause--
“Commercially available off-the-shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“Component” means an article, material, or supply incorporated directly into a construction material.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means--
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
“Domestic construction material” means—
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
“Foreign construction material” means a construction material other than a domestic construction material.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1)
(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction material description Unit of measure Quantity Price (dollars) *
Item 1
Foreign construction material
Domestic construction material
Item 2
Foreign construction material
Domestic construction material
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]
I.3—Preconstruction Conference
52.236-26 PRECONSTRUCTION CONFERENCE FEBRUARY 1995
If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.
I.4—Subcontracts for Commercial Items
52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS JAN 2025
(a) Definitions. As used in this clause—
“Commercial item” has the meaning contained Federal Acquisition Regulation 2.101, Definitions.
“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.
(c)
(1) The Contractor shall insert the following clauses in subcontracts for commercial items:
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.
3509), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.
(iii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212(a));
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
(viii) 52.222-37, Employments Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.
(x)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C.
chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xi) 52.222-55, Establishing a Minimum Wage for Contractors (E.O. 13658) (Jan 2022).
(xii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.
I.5—Physical Data
52.236-4 -- Physical Data (Apr 1984)
Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by __________ [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].
(b) Weather conditions __________ [insert a summary of weather records and warnings].
(c) Transportation facilities _________ [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].
(d) ___________ [insert other pertinent information].
I.6--Bid Guarantee
52.228-01 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million dollars, whichever is less.
(d)…
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