Sol_140L2622R0008.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)

0040576154

BLM ID-STATE OFC HR&ADM SVC (ID953)

1387 S. VINNELL WAY

BOISE ID 83709

LDA

Patricia Fort 2083733910

1x 08/05/2022

140L2622R0008

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

EAGLE CREEK ROAD RECONSTRUCTION

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.)

10 279 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

08/29/2022

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

BLM ID STATE OFC HR&ADMN (ID953)

1387 S. VINNELL WAY

BOISE ID 83709

LDA

Patricia Fort

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 71

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L2622R0008

Delivery: 10/23/2023

Delivery Location Code: 0004276380

BLM-ID COEUR d'ALENE DISTRICT OFFIC

3232 W. Nursery Rd

COEUR D'ALENE ID 83815 US

Period of Performance: 09/06/2022 to 10/23/2023

00010 Eagle Creek Road Reconstruction - Base

Product/Service Code: Z2LB

Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

00020 Eagle Creek Road Reconstruction - Additive 1

Product/Service Code: Z2LB

Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

00030 Eagle Creek Road Reconstruction - Additive 2

Product/Service Code: Z2LB

Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

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

Sponsored by GSA

FAR (48 CFR) 53.110

SOLICITATION NO: 140L2622R0008

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 4

Type of Contract: Construction, Firm-Fixed Price (FFP), Single Award Contract County: Nez Perce County, Idaho Type of Construction: Highway

Magnitude: Between $500,000 and $1,000,000 NAICS: 237310 Size Standard: $39.5 Million Set-Aside: Total Small Business

Bureau of Land Management Contracting Officer’s Representative (COR) Contracting Officer

Name: Thane Syverson Patricia A. Fort

Email: tsyverson@blm.gov pfort@blm.gov

Site Visit: See Section L.8

Questions Due Date: Thursday, August 18, 2022, at 10:00 am MDT

Proposal Due Date: Monday, August 29, 2022, at 10:00 am MDT

Award Selection Process: Lowest Price Technically Acceptable mailto:tsyverson@blm.gov mailto:pfort@blm.gov

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 5

TABLE OF CONTENTS

Part I - The Schedule

Section A - Solicitation/Contract Form See Standard Form 1442

Section B - Bid Schedule 6

Section C - Specifications/Drawings 13

Section D - Packaging and Marking 14

Section E - Inspection and Acceptance 15

Section F - Deliveries or Performance 16

Section G - Contract Administration Data 18

Section H - Special Contract Requirements 21

Part II - Contract Clauses

Section I - Contract Clauses 24

Part III - List of Documents, Exhibits, and Other Attachments

Section J - List of Attachments 45

Part IV - Representations and Instructions

Section K - Representations, Certifications, and Other Statements of Offerors 51

Section L - Instructions, Conditions and Notices to Offerors 60

Section M - Evaluation Factors for Award 69

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 6

SECTION B: BID SCHEDULE

Offerors are to complete Blocks 14 - 20 of the SF-1442.

EAGLE CREEK ROAD RECONSTRUCTION

BASE BID ITEMS:

Item Estimated Unit No. Description Quantity Unit Price Total

1. 15101-1 Mobilization, Eagle Creek Road 1 LS $_________ $___________

2. 15101-2 Mobilization, Benton Meadows Pit 1 LS $_________ $___________

3. 15201 Construction Survey and Staking, 1 LS $_________ $___________ Method 2, Tolerance Table 152-1

4. 15204 Drainage Structure Survey and 2 EA $_________ $___________ Staking

5. 15214 Retaining Wall Survey and Staking, 1 EA $_________ $___________ Tolerance 152-1

6. 15219 Establish Clearing Limits 4.55 MI $_________ $___________

7. 15702 Silt Fence* 105 FT $_________ $___________

8. 15715 Fiber Rolls* 105 FT $_________ $___________

9. 15761 Dewatering Structure 1 EA $_________ $___________

10. 20207 Removal of Individual Trees, 1 EA $_________ $___________ Disposal Methods 203.05 (j)*

11. 20210 Special Clearing and Grubbing, 4.55 MI $_________ $___________ Type Roadway and Roadside, Disposal Methods 203.05 (e), (f), (g) & (k), Compaction Placement Methods 2 & 6

12. 20302 Removal of Culvert, Disposal Method 3 EA $_________ $___________ 203.05(a) (Excavation and embankment are incidental unless otherwise noted)

13. 20405 Roadway Excavation, Tolerance 1472 CY $_________ $___________ Class Table 204-2 D*

14. 20411 Unclassified Borrow Excavation* 87 CY $_________ $___________

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 7

15. 20415 Embankment Construction, 1500 CY $_________ $___________ Compaction Placement Method 204.11(b), Tolerance Class Table 204-2 D *

16. 20424 Haul Waste, MP 7.56* 144 CY-MI $_________ $___________

17. 20429 Waste, MP 7.56* 121 CY $_________ $___________

18. 20601 Mobile Rock Crushing, Maximum 3.88 MI $_________ $___________ Size 1.5 Inches, Depth 6 Inches

19. 20701 Earthwork Geosynthetics, Type 714.01, 2244 SY $_________ $___________ Table 714-1, Class 2, Woven*

20. 25101-0 Placed Riprap, Class 0 Table 705-1, 61 CY $_________ $___________ Acceptance Method A*

21. 25101-1 Placed Riprap, Class 1 Table 705-1, 151 CY $_________ $___________ Acceptance Method A*

22. 25104 Keyed Riprap, Class 3 Table 705-1 68 CY $_________ $___________ (Excavation and disposal of waste material is incidental unless otherwise noted)*

23. 25205 Rock Buttress, Class 4 Table 705-1, 54 CY $_________ $___________ (Excavation and disposal of waste material is incidental unless otherwise noted*)

24. 30103 Aggregate Base, Grading A 932 CY $_________ $___________ Table 703-2, Compaction Method 204.11(b)*

25. 30315 Roadway Reconditioning, 4.53 MI $_________ $___________ Compaction Method 204.11(b)

26. 31403 Development of Government- 1 LS $_________ $___________ Furnished Source

27. 60201-24 24 Inch Pipe Culvert, PE Pipe 64 FT $_________ $___________ IAW Section 708.02(a) or Metallic-Coated CSP IAW Section 707.02, Gage 14, (Includes excavation and embankment)

28. 60202 49 Inch Span, 33 Inch Rise, Pipe Arch 28 FT $_________ $___________ Culvert, Metallic-Coated CSP IAW Section 707.02, Gage 14, (Includes excavation and embankment)

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 8

29. 60710 Reconditioning Drainage Structures, 2 EA $_________ $___________ Metallic-Coated CSP

30. 61902 Gate, Standard 1 EA $_________ $___________

31. 62552 Seeding and Mulching, Hydraulic 4.55 MI $_________ $___________ Method IAW Section 625

TOTAL BASE ITEMS $___________

Notes:

1. *At the end of the description denotes Contract Quantity in accordance with FP-14 Specification

Subsection 109.02(b) Contact Quantity of Section 109 - Measurement and Payment.

2. Abbreviations:

CY = Loose Cubic Yard CY-MI = Cubic Yard-Mile EA = Each FT = Foot LS = Lump Sum MI = Mile SY = Square Yard

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 9

ADDITIVE 1 BID ITEMS:

Item Estimated Unit No. Description Quantity Unit Price Total

1. 15204 Drainage Structure Survey and 5 EA $_________ $___________ Staking

2. 15214 Retaining Wall Survey and Staking, 5 EA $_________ $___________ Tolerance 152-1

3. 15219 Establish Clearing Limits 2.61 MI $_________ $___________

4. 15702 Silt Fence* 240 FT $_________ $___________

5. 15715 Fiber Rolls* 240 FT $_________ $___________

6. 20210 Special Clearing and Grubbing, 2.61 MI $_________ $___________ Type Roadway and Roadside, Disposal Methods 203.05 (e), (f), (g) & (k), Compaction Placement Methods 2 & 6

7. 20302 Removal of Culvert, Disposal Method 3 EA $_________ $___________ 203.05(a), (Excavation and embankment are incidental unless otherwise noted)

8. 20405 Roadway Excavation, Tolerance 979 CY $_________ $___________ Class Table 204-2 D*

9. 20415 Embankment Construction, 979 CY $_________ $___________ Compaction Placement Method 204.11(b), Tolerance Class Table 204-2 D*

10. 20601 Mobile Rock Crushing, Maximum 2.31 MI $_________ $___________ Size 1.5 Inches, Depth 6 Inches

11. 20701 Earthwork Geosynthetics, 188 SY $_________ $___________ Type 714.01, Table 714-1, Class 2, Woven*

12. 25101-0 Placed Riprap, Class 0 Table 705-1, 45 CY $_________ $___________ Acceptance Method A*

13. 25101-1 Placed Riprap, Class 1 Table 705-1, 80 CY $_________ $___________ Acceptance Method A*

14. 25104 Keyed Riprap, Class 3 Table 705-1, 120 CY $_________ $___________ (Excavation and disposal of waste material is incidental unless otherwise noted)*

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 10

15. 25302 Gabions Basket, Wire Type 720.02(b), 38 CY $_________ $___________ Steel, Galvanized Coating, (Excavation and disposal of waste is incidental)

16. 30103 Aggregate Base, Grading A 345 CY $_________ $___________ Table 703-2, Compaction Method 204.11(b)*

17. 30315 Roadway Reconditioning, 2.61 MI $_________ $___________ Compaction Method 204.11(b)

18. 60201-18 18 Inch Pipe Culvert, PE Pipe 148 FT $_________ $___________ IAW Section 708.02(a) or Metallic-Coated CSP IAW Section 707.02, Gage 16, (Includes excavation and embankment)

19. 60201-24 24 Inch Pipe Culvert, PE pipe 36 FT $_________ $___________ IAW Section 708.02(a) or Metallic-Coated CSP IAW Section 707.02, gage 14, (Includes excavation and embankment)

20. 62552 Seeding and Mulching, Hydraulic 2.61 MI $_________ $___________ Method IAW Section 625

TOTAL ADDITIVE 1 ITEMS $___________

Notes:

1. *At the end of the description denotes Contract Quantity in accordance with FP-14 Specification

Subsection 109.02(b) Contact Quantity of Section 109 - Measurement and Payment.

2. Abbreviations:

CY = Loose Cubic Yard CY-MI = Cubic Yard-Mile EA = Each FT = Foot LS = Lump Sum MI = Mile SY = Square Yard

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 11

ADDITIVE 2 BID ITEMS:

Item Estimated Unit No. Description Quantity Unit Price Total

1. 15204 Drainage Structure Survey and 5 EA $_________ $___________ Staking

2. 15219 Establish Clearing Limits 3.72 MI $_________ $___________

3. 15702 Silt Fence* 30 FT $_________ $___________

4. 15715 Fiber Rolls* 30 FT $_________ $___________

5. 20210 Special Clearing and Grubbing, 3.72 MI $_________ $___________ Type Roadway and Roadside, Disposal Methods 203.05 (e), (f), (g) & (k), Compaction Placement Methods 2 & 6

6. 20302 Removal of Culvert, Disposal Method 5 EA $_________ $___________ 203.05(a), (Excavation and embankment are incidental unless otherwise noted)

7. 20405 Roadway Excavation, Tolerance 742 CY $_________ $___________ Class Table 204-2 D*

8. 20415 Embankment Construction, 742 CY $_________ $___________ Compaction Placement Method 204.11(b), Tolerance Class Table 204-2 D*

9. 20601 Mobile Rock Crushing, Maximum 1.24 MI $_________ $___________ Size 1.5 Inches, Depth 6 Inches

10. 20701 Earthwork Geosynthetics, 469 SY $_________ $___________ Type 714.01, Table 714-1, Class 2, Woven*

11. 25101-0 Placed Riprap, Class 0 Table 705-1, 37 CY $_________ $___________ Acceptance Method A*

12. 25101-1 Placed Riprap, Class 1 Table 705-1, 86 CY $_________ $___________ Acceptance Method A*

13. 30103 Aggregate Base, Grading A 350 CY $_________ $___________ Table 703-2, Compaction Method 204.11(b)*

14. 30315 Roadway Reconditioning, 3.72 MI $_________ $___________ Compaction Method 204.11(b)

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 12

15. 60201-18 18 Inch Pipe Culvert, PE Pipe 150 FT $_________ $___________ IAW Section 708.02(a) or Metallic-Coated CSP IAW Section 707.02, Gage 16, (Includes excavation and embankment)

16. 60201-24 24 Inch Pipe Culvert, PE Pipe 106 FT $_________ $___________ IAW Section 708.02(a) or Metallic-Coated CSP IAW Section 707.02, Gage 14, (Includes excavation and embankment)

17. 62552 Seeding and Mulching, Hydraulic 3.72 MI $_________ $___________ Method IAW Section 625

TOTAL ADDITIVE 2 ITEMS $___________

TOTAL ALL ITEMS $___________

Notes:

1. *At the end of the description denotes Contract Quantity in accordance with FP-14 Specification

Subsection 109.02(b) Contact Quantity of Section 109 - Measurement and Payment.

2. Abbreviations:

CY = Loose Cubic Yard CY-MI = Cubic Yard-Mile EA = Each FT = Foot LS = Lump Sum MI = Mile SY = Square Yard

ESTIMATED PERFORMANCE TIME: 279 Calendar Days plus:

67 additional Calendar Days for Additive 1 (if awarded); and 69 additional Calendar Days for Additive 2 (if awarded).

ESTIMATED START WORK DATE: 09/12/2022

Award of any additive is dependent upon available funding and all additives are listed in order of priority.

If an additive item is unaffordable, the government will consider the next most important additive for award. Total price will be evaluated for each offeror in consideration of the same combination of base and additive items.

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 13

SECTION C: SPECIFICATIONS/DRAWINGS

See Section J for additional attachments to include project specifications and drawings.

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 14

SECTION D: PACKAGING AND MARKING

Packaging and marking of deliverables shall be IAW the Contractor’s standard commercial practices.

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 15

SECTION E: INSPECTION AND ACCEPTANCE

E.1 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): https://www.acquisition.gov/browse/index/far#

Clause Title Date 52.246-12 Inspection of Construction August 1996 52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements August 1996

E.2 Final Inspection and Acceptance

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

The contracts required completion date is 279 Calendar Days; plus 67 additional Calendar Days for Additive 1 (if awarded); and 69 additional Calendar Days for Additive 2 (if awarded) after receipt of the notice to proceed.

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

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 16

SECTION F: DELIVERIES OR PERFORMANCE

F.1 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): https://www.acquisition.gov/browse/index/far#

Clause Title Date 52.211-13 Time Extensions September 2000 52.211-18 Variation in Estimated Quantity April 1984 52.236-11 Use and Possession Prior to Completion April 1984

F.2 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 279 Calendar Days; plus 67 additional Calendar Days for Additive 1 (if awarded); and 69 additional Calendar Days for Additive 2 (if awarded) 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 0 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.

F.3 52.211-12 Liquidated Damages--Construction (Apr 1984)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $900 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.4 52.236-15 Schedules for Construction Contracts (Apr 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 17

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F.5 Simultaneous Performance

If a Contractor receives award of more than one contract, simultaneous performance will be required. All work must be completed within the timeframe allowed for each contract.

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 18

SECTION G: CONTRACT ADMINISTRATION DATA

G.1 Authorities and Delegations (Sep 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

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

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

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

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

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

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

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

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

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

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

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

G.2 Contractor Performance Assessment Reporting System (Dec 2015)

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

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

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 19

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 evaluation, or return the evaluation without comment.

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

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

(d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating

"No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

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

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

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

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

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

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

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

G.3 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)

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

"Payment request" means any request for contract financing payment or invoice payment by the Contractor.

https://www.cpars.gov/

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 20

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

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

1. Invoice date and Government Contract Number

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

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

4. Total amount due for the billing period

5. Certification of Progress Payment

6. Payrolls (Mail weekly)

7. Substantiation of Subcontractor Payment

8. 52.223-9 Certification with final payment request.

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

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

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

G.4 Local Internet Payment Platform (IPP) Hotline

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

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

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

G.5 Government Point of Contact

Patricia A. Fort, Contracting Officer pfort@blm.gov Bureau of Land Management 1387 S. Vinnell Way Boise, ID 83709-1657 Telephone: (208) 373-3910 http://www.ipp.gov/ mailto:ippgroup@bos.frb.org mailto:pfort@blm.gov

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 21

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 Work Hours

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

In addition to any holidays declared by Executive Orders, the following Federal Legal Holidays are observed:

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

H.2 Communications

“Time” for communications received after 3:00 pm, after 12:00 pm locally on Fridays, or after 12:00 pm locally prior to a holiday will not start until the next business day. All times are local Mountain time.

H.3 Fire Danger Season

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

H.4 Drawings

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

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

H.5 Preservation of Historical and Archeological Data

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

(b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings.

No objects of cultural resource value may be removed.

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 22

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

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

(e) The Contractor agrees to insert this paragraph in all subcontracts that involve the performance of work on the terrain of the site.

H.6 Safety and Quality Control Plan

Following contract award, the contractor must provide effective quality assurance and safety plans for acceptance by the Government.

H.7 Limitations on Subcontracting Reporting

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

At the conclusion of the period of performance and prior to final payment, the contractor shall submit a Limitation on Subcontracting Report directly to the Contracting Officer. The following information is required as part of the report: 1) the total amount paid to the Prime during the performance period broken out by labor and materials 2) list of Similarly Situated Subcontractors and the amounts paid to each during the performance period broken out by labor and materials 3) list of any other subcontractors and the amounts paid to each during the performance period broken out by labor and materials.

If the Contracting Officer review of the report finds that the contractor is not in compliance for the period of performance, the contractor will be notified in writing. Penalties for failure to comply are described in 13 CFR 125.6(h) which states: Whoever violates the requirements set forth in paragraph (a) of this section shall be subject to the penalties prescribed in 15 U.S.C. 645(d), except that the fine shall be treated as the greater of $500,000 or the dollar amount spent, in excess of permitted levels, by the entity on subcontractors. A party's failure to comply with the spirit and intent of a subcontract with a similarly situated entity may be considered a basis for debarment on the grounds, including but not limited to, that the parties have violated the terms of a Government contract or subcontract pursuant to FAR 9.406-2(b)(1)(i) (48 CFR 9.406-2(b)(1)(i)).

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 23

H.8 Environmental Impact

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C.

1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

H.9 Hazardous Materials

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/ or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas.

Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

H.10 Unauthorized Personnel

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 24

PART II - CONTRACT CLAUSES

SECTION I: CONTRACT CLAUSES

I.1 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): https://www.acquisition.gov/browse/index/far#

Clause Title Date 52.202-1 Definitions June 2020 52.203-3 Gratuities April 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government June 2020 52.203-7 Anti-Kickback Procedures June 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions June 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights June 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

January 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

May 2011

52-204.9 Personal Verification Contractor Personnel January 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards June 2020

52.204-13 System for Award Management Maintenance October 2018 52.204-14 Service Contract Reporting Requirements October 2016 52.204-18 Commercial and Government Entity Code Maintenance August 2020 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities November 2021

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

November 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

May 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015 52.215-2 Audit and Records-Negotiated June 2020 52.215-8 Order of Precedence-Uniform Contract Format October 1997 52.219-6 Notice of Total Small Business Set Aside November 2020 52.219-8 Utilization of Small Business Concerns November 2016 52.219-14 Limitations on Subcontracting September 2021 52.219-28 Post-Award Small Business Program Rerepresentation September 2021 52.222-1 Notice to the Government of Labor Disputes March 2020 52.222-3 Convict Labor June 2003

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 25

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation

May 2018

52.222-9 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11 Subcontracts (Labor Standards) July 2005 52.222-12 Contract Termination-Debarment February 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. February 1988 52.222-14 Disputes Concerning Labor Standards February 1988 52.222-15 Certification of Eligibility February 1988 52.222-26 Equal Opportunity September 2016 52.222-27 Affirmative Action Compliance Requirements for Construction April 2015 52.222-40 Notification of Employee Rights under the National Labor Relations

Act December 2010

52.222-50 Combating Trafficking in Persons October 2020 52.222-54 Employment Eligibility Verification May 2022 52.222-55 Minimum Wages For Contractor Workers Under Executive Order

14026 January 2022

52.222-62 Paid Sick Leave under Executive Order 13706 January 2022 52.223-3 Alt I Hazardous Material Identification and Material Safety Data -

Alternate I July 1995

52.223-6 Drug Free Workplace May 2001 52.225-13 Restrictions on Certain Foreign Purchases February 2021 52.227-1 Authorization and Consent December 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement June 2020 52.227-4 Patent Indemnity - Construction Contracts December 2007 52.228-11 Individual Surety--Pledge of Assets February 2021 52.228-12 Prospective Subcontractor Requests for Bonds October 1995 52.228-14 Irrevocable Letter of Credit November 2014 52.229-3 Federal, State and Local Taxes April 2003 52.232-5 Payments under Fixed-Price Construction Contracts September 2002 52.232-16 Alt I Progress Payments - Alternate I November 2021 52.232-17 Interest May 2014 52.232-18 Availability of Funds April 1984 52.232-23 Assignment of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts January 2017 52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors November 2021 52.233-1 Alt I Disputes - Alternate I December 1991 52.233-3 Protest After Award August 1996 52.233-4 Applicable Law for Breach of Contract Claim October 2004 52.236-5 Material and Workmanship April 1984 52.236-6 Superintendence by the Contractor April 1984 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

PROJECT DESCRIPTION: Eagle Creek Road Reconstruction Page 26

52.236-13 Accident Prevention November 1991 52.236-14 Availability and Use of Utility Services April 1984 52.236-17 Layout of Work April 1984 52.242-13 Bankruptcy July 1995 52.243-4 Changes June 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services January 2022 52.245-1 Government Property September 2021 52.245-9 Use and Charges August 2010 52.248-3 Value Engineering-Construction - Alternate I April 1984 52.246-21 Warranty of Construction March 1994 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) -

Alternate I April 2012

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements)

April 2012

52.249-10 Default (Fixed-Price Construction) April 1984 DIAR 1452.236-70 Prohibition Against Use of Lead-Based Paint - Department of the

Interior July 1996

DIAR 1452.237-70 Information Collection - Department of the Interior July 1996

I.2 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of…