Sol_140P3026Q0045.pdf

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NACE REPAIR TERMITE DAMAGE FOWA
Solicitation number
140P3026Q0045
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About this file

This is a Request for Quotation (RFQ) issued by the National Park Service for termite assessment, treatment, and drywall repair services at Fort Washington Park in Maryland.

The RFQ 140P3026Q0045 solicits quotations for two interdependent scopes of work: Scope A covering termite assessment and treatment, and Scope B covering removal and replacement of damaged drywall, insulation, and associated framing in two historic buildings at the park. This is a 100% small business set-aside under NAICS 236220 with a $45.0 million size standard, issued as an open-market solicitation on SAM.gov. The contract will be awarded as a firm-fixed-price purchase order to the lowest-priced technically acceptable small business quotation. Quotations are due Wednesday, September 23, 2026, at 4:00 p.m. Eastern Time via email to richard_burns@ios.doi.gov. A mandatory site visit is scheduled for Wednesday, September 16, 2026, at 10:00 a.m. Eastern Time at Fort Washington Park, 13551 Fort Washington Road, Fort Washington, Maryland 20744. Written questions must be submitted by Friday, September 18, 2026, at 2:00 p.m. Eastern Time. Prices must remain firm for 60 calendar days after the quotation deadline.

The work period extends one year from award, with initial treatment and construction work targeted for completion within 60 days and completed no later than 90 days after award. The firm-fixed price must include all labor, materials, equipment, permits, termiticides, cleanup, disposal, and warranty obligations, including two required termite follow-up inspections at approximately the 6-month and 12-month milestones. Payment will be made in two milestones: Payment Milestone 1 upon completion and Government acceptance of initial Scope A treatment work and all Scope B construction work, and Payment Milestone 2 upon completion and acceptance of both termite follow-up inspections. Quoters must provide evidence of mandatory site visit completion, a technical approach for both scopes, identification of proposed termiticide products, confirmation of licensed pest-control technician involvement, proposed project schedule, list of required permits, subcontractor identification, domestic construction material confirmation, and acknowledgment of all solicitation amendments. The solicitation incorporates FAR clauses including those addressing payment, disputes, termination, compliance with wage requirements under Executive Order 14026 (minimum $15.00 per hour), Buy American construction materials requirements, and various other federal contracting provisions.

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REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6/1995)

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

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 service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

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

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

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 are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

c. CITY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

Headquarters 1900 Anacostia Drive, SE

NPS, NCR - Regional Contracting Acquisition Management Division 1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001

0044045058140P3026Q0045

Richard Burns

354-3981 NPS, National Cap Parks East

20024

09/11/2026

09/23/2026 1600 ED

09/29/2027

Washington

DC

This is a 100% Small business set aside.

Only responses from small businesses will be evaluated. The award will be made as a Firm Fixed Price contract for the items listed in the Statement of

Work (SOW).

Please address all questions to

Richard_burns@ios.doi.gov. All quotes are due no later than 16:00 ET on

September 23, 2026 via email to the email address listed above. Responses to this solicitation will be evaluated using the evaluation method listed in

RFQ document. Please provide your firm's

SAM UEI# with your quote so we may search for your firm in sam.gov. You are

Continued...

1 18

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

140P3026Q0045 encouraged to offer any discounts.

The contractor shall provide all labor, materials, equipment, supervision, and technical expertise necessary to perform

Termite Assessment and Treatment and Removal and Replacement of Damaged Drywall and Framing in two historic buildings, guard and jail rooms, at the historic Fort Washington.

Period of Performance: 09/30/2026 to

09/29/2027

00010 Scope A - Termite Assessment and Treatment, in accordance with Attachment 1

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR

ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

Delivery: 09/29/2027

00020 Scope B - Removal and Replacement of Damaged

Drywall, Insulation, and Associated Framing, in accordance with Attachment 1

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR

ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

RFQ 140P3026Q0045 - NACE/FOWA TERMITE & DRYWALL REPAIR

REQUEST FOR QUOTATIONS

Fort Washington Park - NACE

Termite Assessment and Treatment / Damaged Drywall, Insulation, and Framing Repair

Department of the Interior Contract Operations, National

Requiring activity: National Park Service / Fort Washington Park (FOWA)

RFQ information Detail

RFQ number 140P3026Q0045

Acquisition method Open-market request for quotations published in SAM.gov in accordance with DOI RFO Section 12 and the FAR Part 12 commercial acquisition framework

Primary NAICS 236220

Small-business size standard $45.0 million

PSC Z2QA

Competition Total small business set-aside

Contract type Firm-fixed-price purchase order

Planned issue Friday, September 11, 2026

Mandatory site visit Wednesday, September 16, 2026, 10:00 a.m. Eastern Time; Sarah Wagner, sarah_wagner@nps.gov, (771) 241-7952; meet at Fort Washington Park - Interior of Fort Washington, 13551 Fort Washington Road, Fort Washington, MD 20744

Written questions due Friday, September 18, 2026, 2:00 p.m. Eastern Time

Quotations due Wednesday, September 23, 2026, 4:00 p.m. Eastern Time

Contract Specialist Richard Burns, Contract Specialist

Email richard_burns@ios.doi.gov

1. Request and Legal Effect The National Park Service requests quotations for termite assessment and treatment and for removal and replacement of damaged drywall, insulation, and associated framing in two historic buildings at Fort Washington Park, 13551 Fort Washington Road, Fort Washington, Maryland 20744. The work covers Scope A and Scope B in Attachment 1, with the locations of work shown on Attachments 2 and 3 and building dimensions provided in Attachment 4.

Scope A and Scope B are interdependent and will be awarded as a single contract. The Contractor shall manage and perform both scope areas, including any subcontracted effort.

This RFQ is a total small business set-aside issued as an open-market solicitation on SAM.gov in accordance with DOI RFO Section 12 and the FAR Part 12 commercial acquisition framework. Quotations are solicited only from small business concerns under NAICS 236220 and the $45.0 million size standard. The selected concern must have an active registration in the System for Award Management and be otherwise eligible for award. The solicitation notice and every amendment are published in SAM.gov. Supplemental email outreach does not replace or change the official SAM.gov record.

The Government intends to issue one firm-fixed-price purchase order for the complete work described in Attachment 1.

A quotation is not an offer and cannot be accepted by the Government to form a binding contract. The Government's signed purchase order is the Government's offer. A binding contract results only when the selected supplier accepts the purchase order in writing or begins substantial performance. No work may begin until authorized by the Contracting Officer in accordance with the resulting purchase order.

2. Price Schedule The firm-fixed price shall include all labor, materials, supervision, licensed pest-control services, termiticides, equipment, tools, permits, protection of historic fabric, containment, trenching, drilling, injection, selective demolition, temporary shoring/support as required, replacement framing and insulation, gypsum-board work, finish mock-up, low-VOC primer, cleanup, lawful offsite disposal, restoration, transportation, travel, project management, required submittals and closeout documents, warranty obligations, follow-up termite inspections, overhead, profit, and every incidental cost necessary for a complete result in accordance with Attachment 1.

CLIN Description Quantity Unit Firm-fixed price

00010 Scope A - Termite Assessment and Treatment, in accordance with Attachment 1

1 AU $__________

00020 Scope B - Removal and Replacement of Damaged Drywall, Insulation, and Associated Framing, in accordance with Attachment

1 AU $__________

Total evaluated firm-fixed price (CLIN 00010 + CLIN 00020): $__________ The total evaluated firm-fixed price is the sum of CLIN 00010 and CLIN 00020. The informational price breakdown requested in section 7 does not create additional award items. For payment administration, the quoter shall identify the portion of CLIN 00010 attributable to the initial termite assessment/treatment work and the portion retained for the 6-month and 12-month follow-up requirements. The full CLIN 00020 amount is payable under Payment Milestone 1. These milestone allocations do not alter the scope or firm-fixed price of either CLIN.

Payment Milestone 1 - Initial Work Completion and Acceptance: $__________. This milestone consists of the full CLIN 00020 amount plus the quoter-identified initial-treatment portion of CLIN 00010. It is payable after completion of the initial Scope A termite assessment/treatment work and all Scope B construction/repair work, submission of the required initial closeout documentation, and Government inspection and acceptance of that work.

Payment Milestone 2 - Final Follow-Up Acceptance: $__________. This milestone consists of the remaining retained portion of CLIN 00010 and is the final payment. It is payable only after completion and Government acceptance of both the 6-month and 12-month termite follow-up inspections, acceptance of the associated inspection/treatment records, and completion of any corrective treatment and reinspection required to confirm that no active termite infestation remains.

Payment Milestone 1 plus Payment Milestone 2 must equal the combined firm-fixed price of CLIN 00010 and CLIN 00020. The CLIN 00010 milestone allocations must equal the total CLIN 00010 price, and the entire CLIN 00020 price shall be included in Payment Milestone 1. Invoices shall be submitted through the Invoice Processing Platform in accordance with the resulting purchase order and shall identify the applicable CLIN(s), milestone, and supporting acceptance documentation. No milestone invoice may be submitted before Government acceptance of that milestone.

3. Place and Period of Performance Work will be performed at Fort Washington Park, 13551 Fort Washington Road, Fort Washington, MD 20744, in the buildings and surrounding treatment areas identified in Attachment 1 and shown on Attachments 2 and 3. Building dimensions are provided in Attachment 4.

The overall period of performance is one year from the date of award. The Contractor shall initiate and coordinate all required site-access approvals immediately after award and obtain required access approval within 15 days after award. The Contractor shall begin onsite work within 15 days after receipt of access approval. The Contractor shall target completion of the initial termite treatment and construction/repair work within 60 days and complete that initial work no later than 90 days after award. The one-year period of performance includes two required termite follow-up inspections, one at approximately the 6-month milestone and one at approximately the 12-month milestone, to verify that no active termite infestation remains. For purposes of this RFQ, these two inspections clarify and supersede the single 6-12 month follow-up reference in Attachment 1.

Normal onsite business hours are 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The Contractor shall coordinate its specific onsite work schedule with the Contracting Officer and COR five days prior to the performance start date. Work outside normal business hours requires prior approval by the COR or other authorized park management representative as provided in Attachment 1.

The Contractor shall initiate and coordinate all necessary site-access approvals immediately after award. Required access approval shall be obtained within 15 days after award, and onsite work shall begin within 15 days after receipt of access approval. The Contractor shall coordinate access, badging/credentials if applicable, and the specific onsite work schedule with the Contracting Officer and COR or authorized park management representative.

4. Mandatory Prequotation Site Visit and Field Verification A prequotation site walk-through is mandatory. Each quoter shall inspect the work areas with the Contracting Officer's Representative or other authorized park management representative present before submitting its quotation. The plans and building dimensions in Attachments 2 through 4, together with any other provided maps, drawings, and photographs, are reference information only and are not a substitute for the mandatory site visit.

The quoter shall field verify existing conditions, quantities of framing, insulation, and drywall requiring removal and replacement, extents of damage, treatment access, and other access constraints. Quantities shown in the SOW, drawings, photographs, or other documentation are approximate and for reference only. Failure to perform field verification is not grounds for additional compensation after award.

The mandatory site visit will be held Wednesday, September 16, 2026, at 10:00 a.m. Eastern Time. Meet at Fort Washington Park - Interior of Fort Washington, 13551 Fort Washington Road, Fort Washington, MD 20744. Site-visit point of contact: Sarah Wagner, sarah_wagner@nps.gov, (771) 241-7952.

Any discrepancy between observed conditions and the solicitation documents shall be submitted to the Government before quotation submission in accordance with section 5.

5. Written Questions and Amendments Email questions to richard_burns@ios.doi.gov no later than Friday, September 18, 2026, at 2:00 p.m. Eastern Time.

Questions must be submitted in writing and should identify RFQ 140P3026Q0045 and the SOW section involved.

The Government will publish every substantive question and answer through a written solicitation amendment in SAM.gov and furnish that amendment at the same time to every known solicitation recipient and every prospective source that requested the solicitation. A private communication, oral statement, or response from any other source does not change this RFQ.

A question received after the deadline may be answered only if the Contracting Officer determines that the answer will benefit all quoters and time permits issuance of a written amendment before closing. Each quoter shall acknowledge every amendment in its quotation.

6. Quotation Submission Email the complete quotation to richard_burns@ios.doi.gov no later than Wednesday, September 23, 2026, at 4:00 p.m.

Eastern Time. The SAM.gov solicitation notice is the official source for amendments and deadline changes.

The email subject shall state "140P3026Q0045 - FOWA Termite and Drywall Repair." The quoter is responsible for timely receipt. Prices shall remain firm for 60 calendar days after the quotation deadline.

Submit one signed PDF quotation. Clearly identify any additional technical/product-data attachments.

7. Required Quotation Contents The quotation shall include:

1. Legal business name, address, email address, Unique Entity Identifier, and signature of a person authorized to bind the concern.

2. Confirmation of active registration in the System for Award Management and the quoter's size representation under

NAICS 236220.

3. The completed CLIN 00010 price, completed CLIN 00020 price, and total firm-fixed price. For payment administration, identify (a) the portion of CLIN 00010 payable with Payment Milestone 1 for initial Scope A treatment, (b) the remaining portion of CLIN 00010 retained for Payment Milestone 2, and (c) the Payment Milestone 1 total, which shall include the full CLIN 00020 price. Payment Milestone 1 plus Payment Milestone 2 shall equal the combined total of CLIN 00010 and CLIN 00020.

4. An informational price breakdown within each CLIN identifying major labor, materials, equipment, travel, disposal, and other direct-cost elements.

5. Evidence that the mandatory prequotation site visit and field verification were completed, including the date of the visit and name of the Government representative present.

6. A concise Scope A technical approach addressing inspection of both buildings and upper/lower rooms;

documentation of infestation and moisture conditions; interior drilling/injection and low-pressure wall-void treatment where required; continuous perimeter treatment barrier; protection of historic masonry, woodwork, finishes, and landscape features; environmental/runoff controls; treatment-area restoration; and the required 6- and 12-month follow-up inspections during the one-year period of performance.

7. Identification of the proposed professional-grade liquid termiticide(s), including EPA registration number(s), and confirmation that products will comply with EPA requirements, NPS environmental standards, NPS Integrated Pest Management practices, and the SOW restrictions for historic and environmentally sensitive areas. Required pre-project SDS and product data may be submitted after award unless otherwise requested by the Contracting Officer.

8. Confirmation that Scope A work will be performed by a licensed pest-control technician experienced in treatment of historic structures, and that proof of license and insurance will be provided as required by Attachment 1.

9. A concise Scope B technical approach addressing controlled demolition; protection and retention of historic trim and finishes; temporary support for framing removal when necessary; dust containment and ventilation; replacement of damaged joists, studs, framing, insulation, and drywall; 5/8-inch Type X and moisture-/mold-resistant gypsum board where applicable; ASTM C840, ASTM C1002, ASTM C475, and GA-214 requirements; Level 4/Level 5 finishing as applicable; finish/texture matching; low-VOC primer; and the required finish mock-up and written approval before full installation.

10. Acknowledgment of the hazardous-material stop-work requirements in Attachment 1. The technical approach shall address HEPA/dust-control practices, PPE, indoor air quality, and protection of park staff and visitors without assuming that hazardous-material abatement has been added to the scope.

11. A proposed project schedule covering pre-project submittals, access coordination, initial treatment and repair work, Government review periods, closeout, and termite follow-up inspections. The schedule shall show access approval within 15 days after award, commencement of onsite work within 15 days after receipt of access approval, target completion of the initial treatment/construction work within 60 days, completion of that initial work no later than 90 days after award, and the 6- and 12-month follow-up milestones within the one-year period of performance.

12. A list of required permits anticipated by the quoter and confirmation that the Contractor will obtain required State, County, or local permits at no additional cost to the Government beyond the firm-fixed price.

13. Identification of each proposed subcontractor and its work, or a statement that no subcontractor is proposed.

14. A statement identifying whether the quoter intends to perform work at a secondary site of the work as described in

FAR 52.222-5. If yes, identify the location and work to be performed there.

15. For construction materials subject to FAR 52.225-9, identify the country of manufacture and confirm whether the material is domestic construction material. Any request to use foreign construction material shall include information required by FAR 52.225-9 and FAR 52.225-10.

16. Acknowledgment of every solicitation amendment.

17. Identification of every exception or assumption. Silence means the quotation takes no exception to the RFQ and

Attachment 1.

18. Each representation or disclosure required by the final solicitation provisions, except information the applicable provision permits the quoter to supply through current SAM representations.

8. Evaluation and Selection

8.1 Technical Acceptability

The Government will rate technical acceptability as Acceptable or Unacceptable. A quotation is Acceptable only if it:

1. Takes no material exception to this RFQ or any attachment and satisfies every material solicitation requirement.

2. Documents completion of the mandatory prequotation site visit and field verification.

3. Quotes both CLIN 00010/Scope A and CLIN 00020/Scope B as one complete requirement and demonstrates a feasible integrated approach for performance in the historic buildings.

4. For Scope A, demonstrates use of a licensed pest-control professional, compliant professional-grade termiticide, inspection/assessment, interior and perimeter treatment, historic-resource protection, environmental controls, restoration, documentation, and the required 6- and 12-month follow-up inspections.

5. For Scope B, demonstrates a feasible approach for controlled demolition, structural/framing replacement, insulation, gypsum-board installation, ASTM/GA standards, finish mock-up, Level 4/5 finishing as applicable, primer, historic-finish matching, dust/ventilation controls, and closeout.

6. Addresses the SOW hazardous-material stop-work/notification requirements and protection of park staff and visitors.

7. Provides a feasible project schedule consistent with access approval within 15 days after award;

commencement of onsite work within 15 days after receipt of access approval; the 60-day target/90-day outside limit for initial treatment and construction work; Government-review periods; and the one-year follow-up schedule established in the RFQ.

A quotation rated Unacceptable is ineligible for award. The Government will not pay a premium for technical superiority under this evaluation method.

8.2 Price

The Government will evaluate the aggregate total firm-fixed price for CLIN 00010 and CLIN 00020 and determine price reasonableness. The Government may also consider the individual CLIN prices and informational price breakdown when assessing reasonableness. The Government may use competition, the informational price breakdown, the independent Government estimate, historical prices adjusted for relevant differences, available market information, or any combination of those methods.

If a quotation requests use of foreign construction material based on unreasonable cost, the Government will apply FAR 52.225-10, if included in the final solicitation.

8.3 Responsibility and Eligibility

Before award, the Government will verify the prospective contractor's active SAM registration, exclusions, responsibility, and small-business status under NAICS 236220. Small-business status under the assigned NAICS and the $45.0 million size standard is an award-eligibility condition for this total small business set-aside.

8.4 Exchanges and Purchase-Order Issuance

The Government intends to evaluate quotations and issue the purchase order without exchanges. Each initial quotation should contain the quoter's best terms. The Government may conduct fair exchanges, request a revised quotation, reject any or all quotations, or waive informalities and minor irregularities when the Contracting Officer determines that action is in the Government's interest. An Award will go to the responsible, eligible small business submitting the lowest-priced technically acceptable quotation. The Government also reserves the right to make no award if no technically acceptable quotation is received.

9. Order Administration The Contract Specialist is the preaward solicitation contact identified in the RFQ information table. The Contract Specialist is not the Contracting Officer unless expressly identified as such.

Only the Contracting Officer may issue the purchase order, authorize performance, change the requirement, change the price or completion period, accept nonconforming work, or modify the resulting purchase order.

The Contracting Officer will designate a COR at award. The COR may coordinate access and scheduling, monitor performance, inspect the work, review submittals and mock-ups, and document acceptance within the written delegation.

The COR may not change the purchase order.

The Government will not pay for quotation preparation or work performed without authorization.

9.1 Historic Resources, Safety, Environmental Protection, and Site Use The Contractor shall perform all work with care around historic structures, finishes, landscapes, and other NPS property and shall comply with the protection, access, public-safety, environmental, spill-control, pesticide, dust-control, restoration, and stop-work requirements of Attachment 1. Accidental damage shall be reported immediately to the COR or other authorized park management representative and restored by the Contractor in accordance with the SOW.

The Contractor shall safeguard nonpublic Government information received or generated during contract performance in accordance with FAR 52.240-93 if that clause is included in the final solicitation. The Government will provide facility-entry and security instructions during postaward coordination.

9.2 Milestone Invoicing and Acceptance

The Contractor may submit a Payment Milestone 1 invoice only after the Government has inspected and accepted the completed initial Scope A termite assessment/treatment work, all Scope B construction/repair work, and the required initial closeout documentation. Payment Milestone 1 shall include the full CLIN 00020 amount and the awarded initial-treatment portion of CLIN 00010. The Contractor may submit the Payment Milestone 2 final invoice only after the Government has accepted both the 6-month and 12-month termite follow-up inspections, the associated records, and any corrective treatment or reinspection required to confirm that no active termite infestation remains. Payment Milestone 2 shall consist of the remaining retained portion of CLIN 00010.

The sum of Payment Milestone 1 and Payment Milestone 2 shall not exceed the combined firm-fixed price of CLIN 00010 and CLIN 00020. The sum of the two CLIN 00010 milestone allocations shall equal the CLIN 00010 firm-fixed price, and the full CLIN 00020 price shall be paid under Payment Milestone 1. Government inspection or acceptance for payment does not waive any warranty or other contract requirement.

SECTION I - CONTRACT CLAUSES

FAR 52.212-4 Terms and Conditions—Commercial Products and Commercial Services (MAR

2026) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) obtain required site-access approval within 15 days after award, (b) commence onsite work within 15 days after receipt of access approval, (c) prosecute the work diligently, and (d) target completion of the initial termite treatment and construction/repair work within 60 days and complete that initial work ready for use not later than 90 days after award. The overall period of performance is one year from the date of award and includes two required Scope A follow-up inspections, one at approximately the 6-month milestone and one at approximately the 12-month milestone. The Contractor shall perform any corrective termite treatment necessary following either inspection and obtain Government acceptance of the follow-up work before final payment. The time stated for completion of the initial work shall include final cleanup of the premises.

(End of clause)

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:

https://www.acquisition.gov (End of clause)

Clause Title Date

52.203-17 Contractor Employee Whistleblower Rights NOV 2023

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

JAN 2017

52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

MAY 2014

52.222-15 Certification of Eligibility MAY 2014

52.223-5 Pollution Prevention and Right-to-Know Information

MAY 2024

52.225-9 Buy American—Construction Materials OCT 2022

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

MAY 2024

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-33 Payment by Electronic Funds Transfer- System for Award Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.233-1 Alternate I Disputes—Alternate I MAY 2014; Alternate I DEC 1991

52.233-3 Protest After Award AUG 1996

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

The DOI-adopted RFO full-text provisions and clauses applicable to this DOI RFO Section 12 open-market solicitation form part of this solicitation and resulting purchase order. The clause set shall reflect the confirmed total small business set-aside under NAICS 236220.

For FAR 52.225-9 paragraph (b)(2), excepted foreign construction material: NONE

FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (MAY 2026)

(DEVIATION)

Minimum Wages for Contractor Workers Under Executive Order 14026 (MAY 2026) (DEVIATION)

(a) Definitions. As used in this clause— United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

Worker— (1)

(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and —

(A) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)

(i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and

(ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

(b) Executive Order minimum wage rate.

(1) The Contractor must pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The Contractor must adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor Web site), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O.

minimum wage is incorporated by reference into this contract.

(3)

(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors).

Associated labor costs must include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2).

Contractors must consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer must not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and must not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers must be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor must pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.

(7) The Contractor must not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor must pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor must follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)

(1) This clause applies to workers as defined in paragraph (a). As provided in that definition—

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of…

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