Sol_140L3620R0003.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)

0040490828

BLM MT-STATE OFC(MT935)

5001 SOUTHGATE DR.

BILLINGS MT 59101

LMA

Brittney Linford at blinford@blm.gov

Brittney Linford (406) 896-5188

1x 07/29/2020

140L3620R0003

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

Specifications

Drawings

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.)

1 66 calendar days and complete it within ________________ ________________ calendar days after receiving

Terms and Conditions

08/27/2020

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 MT-STATE OFC(MT935)

5001 SOUTHGATE DR.

BILLINGS MT 59101

LMA

Brittney Linford

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 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L3620R0003

Delivery: 66 Days After Notice to Proceed

Delivery Location Code: 0004276404

BLM-MT BUTTE FIELD OFFICE*

106 N PARKMONT

BUTTE MT 59701 US

Period of Performance: 09/14/2020 to 11/18/2020

00010 Carbella Campground Renovation (See Proposal

Schedule for more details)

Product/Service Code: Z2PA

Product/Service Description: REPAIR OR ALTERATION

OF RECREATION FACILITIES (NON-BUILDING)

Period of Performance: 09/14/2020 to 11/18/2021

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

Sponsored by GSA

FAR (48 CFR) 53.110

140L3620R0003— Carbella Campground Renovation

Table of Contents

Section B- Supplies or Services/Prices

Section C- Description/Specifications

Section D- Packaging and Marking

Section E- Inspection and Acceptance

Section F- Deliveries or Performance

Section G- Contract Administration Data

Section H- Special Contract Requirements

Section I- Contract Clauses

Section J- List of Documents, Exhibits and Other Attachments

Section K- Representations, Certifications, and Other Statements to Bidders

Section L- Instructions, Conditions, and Notices to Offerors

Contract Overview:

Type of Contract: Construction, Firm Fixed Priced (FFP), Single Award Contract

Type of Construction: Heavy

NAICS Code: 237990

Magnitude: $250,000- $500,000

Set-Aside: Small Business

Site Visit: Yes (See Section L, Clause 52.236-27, Site Visit for more details)

Questions Due: August 24, 2020 at 4:00 pm, MT Time. Questions submitted after this date and time will not be accepted. All questions must be submitted in writing via email.

Proposals due: August 27, 2020 at 4:00 pm, MT Time. See Sections L, Instructions, Conditions and

Notices to Offerors, for list of required documents.

Section B- Supplies or Services/Prices

The Schedule of Items is attached as an external document (See Section J).

(Please submit Attachment 1 with your proposal as this is a required document)

Section C- Description/Specifications

The Specifications and Drawings are attached as external documents (See Section J).

Section D- Packaging and Marking

NOT USED

Section E- Inspection and Acceptance

52.246-12 -- Inspection of Construction (Aug. 1996)

52.246-13 -- Inspection -- Dismantling, Demolition, or Removal of Improvements (Aug. 1996)

52.246-21 -- Warranty of Construction (Mar 1994) file:///S:/My%20Documents/Contract%20Files%202016/Woodhawk%20Culvert/L16PS003450%20Terms%20and%20Conditions.docx%23_Toc446945528 file:///S:/My%20Documents/Contract%20Files%202016/Woodhawk%20Culvert/L16PS003450%20Terms%20and%20Conditions.docx%23_Toc446945529 file:///S:/My%20Documents/Contract%20Files%202016/Woodhawk%20Culvert/L16PS003450%20Terms%20and%20Conditions.docx%23_Toc446945530 file:///S:/My%20Documents/Contract%20Files%202016/Woodhawk%20Culvert/L16PS003450%20Terms%20and%20Conditions.docx%23_Toc446945532 file:///S:/My%20Documents/Contract%20Files%202016/Woodhawk%20Culvert/L16PS003450%20Terms%20and%20Conditions.docx%23_Toc446945533 file:///S:/My%20Documents/Contract%20Files%202016/Woodhawk%20Culvert/L16PS003450%20Terms%20and%20Conditions.docx%23_Toc446945535 file:///S:/My%20Documents/Contract%20Files%202016/Woodhawk%20Culvert/L16PS003450%20Terms%20and%20Conditions.docx%23_Toc446945536 file:///S:/My%20Documents/Contract%20Files%202016/Woodhawk%20Culvert/L16PS003450%20Terms%20and%20Conditions.docx%23_Toc446945537 file:///S:/My%20Documents/Contract%20Files%202016/Woodhawk%20Culvert/L16PS003450%20Terms%20and%20Conditions.docx%23_Toc446945538 file:///S:/My%20Documents/Contract%20Files%202016/Woodhawk%20Culvert/L16PS003450%20Terms%20and%20Conditions.docx%23_Toc446945540 file:///S:/My%20Documents/Contract%20Files%202016/Woodhawk%20Culvert/L16PS003450%20Terms%20and%20Conditions.docx%23_Toc446945541

INSPECTION AUGUST 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 contact 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.

ACCEPTANCE AUGUST 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, the final payment to be withheld pending completion of any necessary rework by the Contractor.

Section F- Deliveries or Performance

52.211-13--Time Extensions (Sep 2000)

52.242-14 -- Suspension of Work. (Apr 1984)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 1 day after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use no later than 66 calendar days. The time stated for completion shall include final cleanup of the premises. (End of clause)

Charges for Actual Damages – Delayed Performance

Should the contractor fail to complete the work within the performance time allowed or any extension thereof, and his right to proceed is not terminated, he shall, in the absence of a liquidated damages provision, be charged actual damages suffered by the Government which can be directly attributed to the

Contractor’s delayed performance. Such damages shall include, but not necessarily limited to, the Project

Inspector’s hourly salary, per-diem, travel or other expenses as well as losses of Government-Furnished property which can be accurately determined.

Section G- Contract Administration Data

PROCUREMENT OFFICE REPRESENTATIVE

The Procurement Office Representative for this requirement is:

Bureau of Land Management

Attn: Brittney Linford

5001 Southgate Drive

Billings, MT 59101

PHONE: 406-896-5188

DOI AUTHORITIES AND DELEGATIONS (MAY 2010)

(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. The COR for this contract will be: Assigned at time of Award.

(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.

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (December 2015)

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The

Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting

System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

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

Government use in evaluating past performance as part of a source selection action.

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

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

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

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

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

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

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

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

f. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the

Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

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

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

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

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

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

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

Section H- Special Contract Requirements

WORK HOURS

Work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or legal National Holidays unless authorized by the CO.

FIRE DANGER SEASON

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.

DRAWINGS

Typical Drawings. Any drawing 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.

Reduced Size Drawings. Any drawings identified as “REDUCED SIZE DRAWINGS” appearing in the solicitation are photographically reduced to 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.

PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

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.

The Contractor agrees that should he or any of his employees in the performance of this contract discover evidence of possible scientific, prehistorical, or archeological data he will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

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.

The Contractor agrees to insert this paragraph in all subcontracts which involve the performance of work on the terrain of the site.

NOTICE TO PROCEED

After award of the contract, the CO 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 climatological conditions exist.

EXTENT OF OBLIGATION

The Government obligation for performance of this contract beyond the award price is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the amount that has been authorized through the issuance of contract modification, or change order by the

Contracting Officer. The funded amount is stated as the “Total.”

FEDERAL HOLIDAYS

The following Federal Legal Holidays are observed:

New Year’s Day Martin Luther King, Jr. Day

President’s Day Memorial Day

Independence Day Labor Day

Columbus Day Veterans Day

Thanksgiving Day Christmas

DIAPR 2011-04 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS- INVOICE

PROCESSING PLATFORM (IPP) April 2013

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

Internet Payment Platform System (IPP).

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

Contractor. To constitute a pro per 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:

Format and Content: Use the Project Manual table of contents as a guide to establish line items for the schedule of values. Provide at least one line item for each Specification Section.

Each invoice shall contain the following:

1. Invoice date and Government Contract Number

2. Billing period specified with beginning and ending dates.

3. Total amount due for the billing period

4. Certification of Progress Payment (for progress payments only)

5. Payrolls (Mail weekly)

6. Substantiation of Subcontractor Payment

7. A Release of Claims (for final payment only).

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of 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.

Section I- Contract Clauses

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):

http://farsite.hill.af.mil/vffara.htm http://www.acquisition.gov/comp/far/index.html

52.201-1—Definitions (Nov 2013)

52.203-3 – Gratuities (Apr 1984)

52.203-5-- Covenant Against Contingent Fees. (May 2014)

52.203-6 -- Restrictions on Subcontractor Sales to the Government (Sep 2006)

52.203-7-- Anti-Kickback Procedures. (May 2014)

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 (Oct 2010)

52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights (Apr 2014)

52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-9 -- Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)

52.204-13 – System for Award Management Maintenance (Jul 2013)

52.209-6 -- Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015)

52.209-9—Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)

52.215-2 -- Audit and Records -- Negotiation (Oct 2010)

52.215-8 -- Order of Precedence -- Uniform Contract Format (Oct 1997)

52.215-14 -- Integrity of Unit Prices (Oct 2010)

52.219-6 -- Notice of Total Small Business Set-Aside. (Nov 2011)

52.219-8 -- Utilization of Small Business Concerns (Oct 2014)

52.219-14 -- Limitations on Subcontracting (Nov 2011)

52.219-28 – Post-Award Small Business Program Rerepresentation (Jul 2013)

52.222-1 -- Notice to the Government of Labor Disputes (Feb 1997)

52.222-3 -- Convict Labor (June 2003)

52.222-4 -- Contract Work Hours and Safety Standards Act -- Overtime Compensation. (May 2014)

52.222-6—Construction Wage Requirements (May 2014)

52.222-7-- Withholding of Funds. (May 2014)

52.222-8-- Payrolls and Basic Records. (May 2014)

52.222-9-- Apprentices and Trainees. (JUL 2005)

52.222-10-- Compliance with Copeland Act Requirements. (Feb 1998)

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. (FEB 1988)

52.222-15-- Certification of Eligibility. (May 2014)

52.222-21 -- Prohibition of Segregated Facilities (Feb 1999)

52.222-26-- Equal Opportunity. (MAR 2007)

52.222-27 -- Affirmative Action Compliance Requirements for Construction (Feb 1999)

52.222-35 -- Equal Opportunity for Veterans (Jul 2014)

52.222-36 -- Affirmative Action for Workers With Disabilities (July 2014)

52.222-37 -- Employment Reports on Veterans (July 2014)

52.222-40 – Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 -- Combating Trafficking in Persons (Feb 2009)

52.222-54 – Employment Eligibility Verification (Aug 2013)

52.222-55 -- Minimum Wages Under Executive Order 13658 (Dec 2015)

52.223-5 -- Pollution Prevention and Right-to-Know Information (May 2011)

52.223-6 -- Drug-Free Workplace. (MAY 2001)

52.223-17 –Affirmative Procurement of EPA-Designated Items in Service and Construction

Contracts (May 2008)

52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

52.225-13 -- Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-1 -- Authorization and Consent (Dec 2007)

52.227-4 -- Patent Indemnity -- Construction Contracts (Dec 2007)

52.228-2 -- Additional Bond Security (Oct 1997)

52.228-5 -- Insurance -- Work on a Government Installation (Jan 1997)

52.228-11--Pledges of Assets. (Jan 2012)

52.228-12 -- Prospective Subcontractor Requests for Bonds (May 2014)

52.229-3 -- Federal, State, and Local Taxes (Feb 2013)

52.232-5-- Payments under Fixed-Price Construction Contracts. (SEP 2002)

52.232-16 -- Progress Payments (Apr 2012)

52.232-17 -- Interest (May 2014)

52.232-23-- Assignment of Claims. (May 2014)

52.232-27-- Prompt Payment For Construction Contracts. (May 2014)

52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management (Jul 2013)

52.232-39 – Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233-1 -- Disputes (May 2014)

52.233-3 -- Protest after Award. (AUG 1996)

52.233-4 -- Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-2 -- Differing Site Conditions. (APR 1984)

52.236-3 -- Site Investigation and Conditions Affecting the Work (Apr 1984)

52.236-5 -- Material and Workmanship. (APR 1984)

52.236-6 -- Superintendence by the Contractor (Apr 1984)

52.236-7-- Permits and Responsibilities. (NOV 1991)

52.236-8-- Other Contracts. (APR 1984)

52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(Apr 1984)

52.236-10 -- Operations and Storage Areas (Apr 1984)

52.236-11 -- Use and Possession Prior to Completion (Apr 1984)

52.236-12 -- Cleaning Up (Apr 1984)

52.236-13 -- Accident Prevention (Nov 1991)

52.236-15 -- Schedules for Construction Contracts (Apr 1984)

52.236-17 -- Layout of Work (Apr 1984)

52.236-21 -- Specifications and Drawings for Construction (Feb 1997)

52.236-26 -- Preconstruction Conference (Feb 1995)

52.242-13 -- Bankruptcy (Jul 1995)

52.243-4 -- Changes (Jun 2007)

52.244-2 -- Subcontracts (Oct 2010)

52.244-6 -- Subcontracts for Commercial Items (Oct 2014)

52.245-1 – Government Property (Jan 2017)

52.246-12 -- Inspection of Construction (Aug. 1996)

52.246-13 -- Inspection -- Dismantling, Demolition, or Removal of Improvements (Aug 1996)

52.247-12 -- Supervision, Labor, or Materials (Apr 1984)

52.248-3 -- Value Engineering -- Construction (Oct 2010)

52.249-2 -- Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

52.249-3 -- Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements) (Apr 2012)

52.249-10 -- Default (Fixed-Price Construction) (Apr 1984)

52.253-1 -- Computer Generated Forms (Jan 1991)

DIAR 1452.203-70 --Restrictions on Endorsments—Department of Interior July 1996

DIAR 1452.204-70 -- Release of Claims—Department of Interior July 1996

DIAR 1452.215-70 -- Examination of Records—Department of Interior July 1996

DIAR 1452.236-70 Prohibition Against Use of Lead-Based Paint—Department of the Interior July

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

52.211-18 --Variation in Estimated Quantity (Apr 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract.

Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

52.225-9 -- Buy American–Construction Materials (May 2014)

(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: 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).]

52.228-1 -- 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 $50,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.228-14 -- Irrevocable Letter of Credit (Nov 2014)

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and --

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least

60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of --

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of --

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)

(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally

Recognized Statistical Rating Organization (NRSRO). NRSRO’s can be located at the Web stie http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format shall be used by the issuing financial institution to create an ILC:

[Issuing Financial Institution’s Letterhead or Name and Address]

Issue Date ______

Irrevocable Letter of Credit No. ________________

Account party’s name ________________________

Account party’s address ______________________

For Solicitation No. __________ (for reference only)

To: [U.S. Government agency]

[U.S. Government Agency’s Address]

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ ______. This Letter of Credit is payable at [issuing financial institution’s and, if any, confirming financial institution’s] office at [issuing financial institution’s address and, if any, confirming financial institution’s address] and expires with our close of business on ______, or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee’s sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the http://www.sec.gov/answers/nrsro.htm time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. _________ (Insert version in effect at the time of

ILC issuance, e.g.,” Publication 600, 2006 edition”) and to the extent not inconsistent therewith, to the laws of _____________________ [State of confirming financial institution, if any, otherwise State of issuing financial institution].

6. If this credit expires during an interruption of business of this financial institution as described in

Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [Issuing financial institution]

(f) The following format shall be used by the financial institution to confirm an ILC:

[Confirming Financial Institution’s Letterhead or Name and Address]

(Date) _____________

Our Letter of Credit Advice Number _____________

Beneficiary: ___________ [U.S. Government agency]

Issuing Financial Institution: __________________

Issuing Financial Institution’s LC No.: ___________

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by

__________ [name of issuing financial institution] for drawings of up to United States dollars

___________/U.S. $_______ and expiring with our close of business on _____________ [the expiration date], or any automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period;

or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of

Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. __________ (Insert version in effect at the time of

ILC issuance, e.g., “Publication 600, 2006 edition”) and to the extent not inconsistent therewith, to the laws of ________ [State of confirming financial institution].

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [Confirming financial institution]

(g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of

Credit:

Sight Draft

[City, State]

(Date) ______________

[Name and address of financial institution]

Pay to the order of ______________ [Beneficiary Agency] ___________ the sum of United States

$____________. This draft is drawn under Irrevocable Letter of Credit No. ______________.

[Beneficiary Agency]

[By]

52.228-15 -- Performance and Payment Bonds -- Construction (Oct 2010)

(a) Definitions. As used in this clause --

“Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the…