Sol_140L3921Q0032.pdf

140L3921Q0032

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

03/19/2021 0040516622

1 37

1340 FINANCIAL BLVD.

RENO NV 89502

BLM NV-STATE OFC BGT&FIN SVC(NV955)

BLM-NV CALIENTE FIELD OFFICE

US HWY 93

PO BOX 237

CALIENTE

NV 89008-0237

775 861-6441Sherri Ferguson

04/16/2021 1900 PD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

DUNS NUMBER: ______________________

ELLA MOUNTAIN & OAK SPRINGS TRAILHEAD CONSTRUCTION

All questions regarding this solicitation must be submitted in writing to Kim Ferguson (k1fergus@blm.gov) no later than 2 pm, Thursday April 1st 2021.

Any questions received will be answered through an amendment to this solicitation.

Period of Performance: 05/01/2021 to 07/31/2021

00010 ELLA MTN TRAILHEAD CONSTRUCTION

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L3921Q0032

Trailhead construction per the attached specifications and drawings.

Offerors shall complete and submit the attached

Bid Schedule.

Product/Service Code: Y1PA

Product/Service Description: CONSTRUCTION OF

RECREATION FACILITIES (NON-BUILDING)

00020 OAK SPRINGS TRAILHEAD CONSTRUCTION

Trailhead construction per the attached specifications and drawings.

Offerors shall complete and submit the attached

Bid Schedule and include quote for Additive Item

#1 and Additive Item #2. The additive item(s) may/may not be awarded, depending on availability of funds.

Product/Service Code: Y1PA

Product/Service Description: CONSTRUCTION OF

RECREATION FACILITIES (NON-BUILDING)

Offerors shall complete and submit the attached

Bid Schedule, including pricing for both Additive

Items.

Quotes and supporting documents may be submitted via email to k1fergus@blm.gov, or faxed to

775-549-9827.

See attached for required Technical, Past

Performance, and Pricing Information requested.

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

Ella Mtn & Oak Springs Trailhead Construction Issuing Office: BLM Nevada State Office

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032

Request for Quotation

Type of Contract: Construction, Firm Fixed Priced (FFP), Single Award Contract County: Lincoln County, NV Type of Construction: Heavy and Civil Engineering Construction

Magnitude:

Between $100,000 and $250,000

NAICS:

237990

SIZE STD:

$39.5M

SET-ASIDE:

Total Small Business

Bureau of Land Management Contracting Officer (CO)

Name: S. Kim Ferguson Email: k1fergus@blm.gov

Quote Submittal Information:

Due Date: Friday April 16, 2021 – 4:00pm Local Pacific Time In accordance with this Solicitation Part IV – Representation and Instructions

Questions Due Date: Monday March 29, 2021 – 4:00pm Local Pacific Time

Award Selection Process: Best-value, Trade-off process

Site Visit:

A formal site visit is scheduled, and highly recommended, for Monday March 29, 2021. See Provision 52.236-27 on page 35 for complete information regarding time, location, and RSVP Point of contact . The site visit will include the Oak Springs Trailhead site only. Interested vendors can plan to visit the Ella Mtn site on their own.

In accordance with the Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing, interested vendors that attend the site visit will be required to wear face masks and maintain social distancing.

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032

Table of Contents

SECTION 1 SPECIFICATIONS & GENERAL INFORMATION

SPECIAL CONTRACT REQUIREMENTS

Work Hours Fire Danger Season Drawings Preservation of Historical and Archeological Data Progress Plan Pre-Work Conference Environmental Interruption of Work Environmental Impact Green Procurement Requirements Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing Quotation Submittal Required Documentation

SECTION 2 CONTRACT CLAUSES

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment ..12 52.211-10 Commencement, Prosecution, and Completion of Work 52.225-9 Buy American - Construction Materials 52.236-4 Physical Data 52.252-2 Clauses Incorporated by Reference 52.252-6 Authorized Deviations in Clauses DIAR 1452.201-70 Authorities and Delegations DIAR 1452.204-70 Release of Claims - Department of the Interior DIAR 1452.228-70 Liability Insurance - Department of the Interior Contractor Performance Assessment Reporting System (CPARS) Electronic Invoicing and Payment Requirements- Invoice Processing Platform (IPP) Contracting Officer’s Representative (COR) and/or Project Inspector (PI) Procurement Office Representative

SECTION 3 LIST OF ATTACHMENTS

SECTION 4 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

PROPOSAL SUBMISSION INSTRUCTIONS

Evaluation and Award Factors 52.204-8 Annual Representations and Certifications 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.211-6 Brand Name or Equal 52.219-1 Small Business Program Representations 52.222-5 Construction Wage Rate Requirements – Secondary Site of The Work 52.222-22 Previous Contracts and Compliance Reports 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction ...33 52.225-10 Notice of Buy American Requirement – Construction Materials 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification 52.233-2 Service of Protest Department of the Interior (Deviation)

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032

52.236-27 Site Visit (Construction) Alternate 1 52.252-1 Solicitations Provisions Incorporated by Reference DIAR 1452.215-71 Use and Disclosure of Proposal Information - Department of the Interior

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032

SECTION 1 SPECIFICATIONS & GENERAL INFORMATION

(a) The Bureau of Land Management (BLM) is seeking quotations for construction of two trailheads, Ella Mtn and Oak Springs, as attached in the accompanying specifications and drawings. The BLM intends to conduct this acquisition by use of simplified acquisition procedures in accordance with FAR Part 13. A single contract award will be issued. Award decision will be made on a best-value, trade-off process. This process permits tradeoffs among price and non-price factors and allows the Government to accept other than the lowest priced proposal. The Government may consider award to other than the lowest priced offeror or other than the highest technically rated offeror when it is in the best interest of the Government.

(b) The Government will not award any contract if the resulting contract would not represent a "best value" to the Government.

(c) To assure timely and equitable evaluation of quotations, respondents are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete quotation. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to adhere to quotation requirements, at the time of submission, may result in the quotation being unacceptable to the Government and eliminated from consideration for award. It is the responsibility of offerors to ensure their quote is received by the recipient and by the due date and time.

(d) Offerors are cautioned to submit adequate information to enable the Government to fully ascertain each offeror’s capability to perform the requirements in accordance with the requirements of the request for quotation (RFQ).

(e) If a respondent believes that requirements in these instructions contain an error, omission, or are otherwise flawed, the respondent shall immediately notify the Contracting Officer in writing (email is the preferred method) with supporting rationale by the question deadline specified on the cover page of this document.

(f) This RFQ does not commit the Government to any costs incurred in the preparation and submission of a quote or for any other costs incurred by any firm submitting a quote in response to this solicitation. Note specifically that the Offeror will not be participating in a sealed bid procurement process under this acquisition method. Issuance of this RFQ does not constitute an award commitment on the part of the Government.

(g) Quotation must be valid for a minimum of 60 days.

(h) Respondents must complete the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ (previously ORCA and CCR). The Government will obtain respondent representations and certifications through this system.

(i) Award is subject to and based on the availability of funds. This project is currently funded based upon an independent cost estimate.

(j) In accordance with FAR 36.204 the Disclosure of the Magnitude of this construction project is between $100,000.00 and $250,000.00.

(k) Including all other factors, to qualify for award, a respondent must be determined responsible in accordance with Federal Acquisition Regulation Part 9.

(l) Respondents shall not contact any government personnel related to this requirement other than the Contracting Officer.

(m) All questions should be emailed directly to the Contracting Officer. Only written RFI’s will be considered and responded to by the Government. BLM responses to RFIs will be posted as an amendment to the solicitation.

https://www.sam.gov/portal/public/SAM/

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032

(n) The successful Offeror shall submit appropriate Performance and Payment Bonds in accordance with clause 52.228- 1 within 10 days of contract award.

SPECIAL CONTRACT REQUIREMENTS

Work Hours The performance period established for this contract is based upon all work being limited to the time between one-half hour before sunrise to one-half hour after sunset each day. 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 holidays declared by Executive Order, 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

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.

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.

Preservation of Historical and Archeological Data

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

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

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

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032 adjusted in accordance with the Changes clause.

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

Progress Plan At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details it’s proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

Pre-Work Conference After award a pre-work conference shall be held between the Contractor and the COR. The date and time of the meeting shall be determined by the COR and the Contractor in consultation. Discussions relative to contract requirements and the specific responsibilities of each party will be conducted at this time.

Environmental Interruption of Work

The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season.

The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions.

The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

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.

Green Procurement Requirements

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032

U.S. EPA Comprehensive Procurement Guidelines published at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

USDA Biobased product listings published at www.biopreferred.gov.

Energy Star® product listings published at www.energystar.gov/products.

FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories

Contractor shall comply with all reporting requirements stated in the applicable clause(s):

52.223-1 Biobased Product Certification 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts 52.223-4 Recovered Material Certification 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items 52.223-15 Energy Efficiency in Energy-Consuming Products 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts

Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing In accordance with the Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing, in an effort to protect the Federal workforce and individuals interacting with the Federal workforce, and to ensure the continuity of Government services and activities, on-duty or on-site Federal employees, on-site Federal contractors, and other individuals in Federal buildings and on Federal lands should all wear masks, maintain physical distance, and adhere to other public health measures, as provided in CDC guidelines.

Quotation Submittal

Failure to submit quotes according to the instructions provided within the solicitation may result in an offeror’s quote being deemed “non-responsive.” Quotes are due by the date and time specified on the cover page of this document to the Contracting Officer’s email address.

Required Documentation

Respondent shall submit the following information in response to this RFQ:

(1) Short Cover Letter:

(i) Offeror’s (company) name, address, and phone number

(ii) Point of contact for individuals within the company

(iii) A statement that the quote is valid for a minimum of 60 days.

(iv) A response to the following questions:

Judgments, Claims, and Lawsuits: Are there any judgments, claims, and/or lawsuits pending or outstanding against or involving entity or partners comprising your entity?

No ___, Yes ___. If “Yes,” submit details of all judgments or claims against either parent office or division/branch that will be responsible for the accomplishment of this project on a separate sheet.

Is your entity or partners comprising your entity under suspension or debarment by any Federal, State or local agency, or been terminated on any past projects (Federal or others)?

No ___, Yes ___. If “Yes,” submit details on a separate sheet.

IAW FAR 52.209-7(b), the offeror ___ has ___ does not have current active federal contracts and grants with a total value greater than $10,000,000.

http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories to%2520protect%2520the%2520Federal%2520workforce%2520and%2520individuals%2520interacting%2520with%2520the%2520Federal%2520workforce,%2520and%2520to%2520ensure%2520the%2520continuity%2520of%2520Government%2520services%2520and%2520activities,%2520on-duty%2520or%2520on-site%2520Federal%2520employees,%2520on-site%2520Federal%2520contractors,%2520and%2520other%2520individuals%2520in%2520Federal%2520buildings%2520and%2520on%2520Federal%2520lands%2520should%2520all%2520wear%2520masks,%2520maintain%2520physical%2520distance,%2520and%2520adhere%2520to%2520other%2520public%2520health%2520measures,%2520as%2520provided%2520in%2520CDC%2520guidelines.

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032

IAW FAR 52.204-24(d), the offeror represents that it ___will ___will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(2) Sign Standard Form (SF) 18, Request for Quotation. Please insert total price quote in block 11 and complete blocks 13 and 14. An official having the authority to contractually bind the Offeror's company must sign the SF 18 in accordance with the procedures prescribed in the Federal Acquisition Regulation Subpart 4.102.

(3) Acknowledgement of Amendments: Acknowledge all request for quote amendments by signing and returning with your SF18 any SF30s issued (if applicable).

(4) Complete and submit Attachment 4, Bid Schedule with your quote.

SECTION 2 CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.222-6 Construction Wage Requirements Aug 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records Aug 2018 52.222-9 Apprentices and Trainees Jul 2005 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Construction Wage Rate Requirements 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 Apr 2015 52.222-26 Equal Opportunity Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015 52.222-35 Equal Opportunity for Veterans Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020 52.222-37 Employment Reports on Veterans Jun 2020 52.222-50 Combating Trafficking in Persons Oct 2020 52.222-54 Employment Eligibility Verification Oct 2015 52.222-55 Minimum Wages Under Executive Order 13658 Nov 2020 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts Sep 2013

52.223-3 Hazardous Material Identification and Material Safety Data Jan 1997 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-15 Energy Efficiency in Energy-Consuming Products May 2020 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts Aug 2018

52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving Jun 2020 52.223-21 Foams Jun 2016 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.228-2 Additional Bond Security Oct 1997

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032

52.228-5 Insurance – Work on a Government Installation Jan 1997 52.228-11 Pledge of Assets Aug 2018 52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.228-14 Irrevocable Letter of Credit Nov 2014 52.228-15 Performance and Payment Bonds – Construction Jun 2020 52.232-5 Payments under Fixed-Price Construction Contracts May 2014 52.232-16 Progress Payments – Alternate I Jun 2020 52.232-17 Interest May 2014 52.232-23 Assignment of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts Jan 2017 52.232-33 Payment by Electronic Funds Transfer – System for Award Management Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52.233-1, Alt 1 Disputes May 2014

Dec 1991 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claims 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 1994 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 52.236-14 Availability and Use of Utility Services Apr 1984 52.236-15 Schedules for Construction Contracts Apr 1984

52.236-17 Layout of Work Apr 1984 52.236-21, Alt 1 Specifications and Drawings for Construction Feb 1997

Apr 1984 52.236-26 Preconstruction Conference Feb 1995 52.242-14 Suspension of Work Apr 1984 52.243-5 Changes and Changed Conditions Apr 1984 52.244-6 Subcontracts for Commercial Items Oct 2020 52.245-1 Government Property Jan 2017 52.245-9 Use and Charges Apr 2012 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 52.249-10, Alt I Default (Fixed-Price Construction) Apr 1984 DIAR 1452.201-70 Authorities and Delegations Sep 2011 DIAR 1452.203-70 Restrictions on Endorsements – Department of the Interior Jul 1996

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032

DIAR 1452.204-70 Release of Claims – Department of the Interior Jul 1996 DIAR 1452.236-70 Prohibition Against Use of Lead-Based Paint – Department of the Interior Jul 1996 DIAR 1452.237-70 Information Collection – Department of the Interior Jul 1996

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Aug 2020

(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 Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items

52.211-10 Commencement, Prosecution, and Completion of Work Apr 1984 The Contractor shall be required to https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032

(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 60 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.225-9 Buy American - Construction Materials Jan 2021

(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 Federal Acquisition Regulation

(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.

"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) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 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. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

https://www.acquisition.gov/far/2.101#FAR_2_101

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/12.505#FAR_12_505

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032 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

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]

52.236-4 Physical Data Apr 1984 Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys and core borings.

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://acquisition.gov/far/index.html .

52.252-6 Authorized Deviations in Clauses Nov 2020

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any FAR clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

DIAR 1452.201-70 Authorities and Delegations Sep 2011

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

http://acquisition.gov/far/index.html

Location: BLM Ely District Office Solicitation Number: 140L3921Q0032

(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.