Sol_140P6326B0005.pdf

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St. Croix National Scenic Riverway-Repair and Main
Solicitation number
140P6326B0005
Issued by

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This is an Invitation for Bid (IFB) solicitation for construction repair and maintenance work at St. Croix National Scenic Riverway in Pine City, Minnesota. The solicitation number is 140P6326B0005, issued by the National Park Service (NPS) on May 18, 2026, with bids due electronically by June 17, 2026, at 11:00 AM Mountain Daylight Time. The project involves repairing and maintaining the Marshland District Maintenance Shop Complex Facilities, with work to be completed within 90 calendar days after issuance of the Notice to Proceed. The contract is a firm fixed-price lump sum award, set aside 100% for total small business concerns. This is a sealed bid construction solicitation with a mandatory site visit scheduled for May 26, 2026, at 12:30 PM Central Daylight Time. The contracting officer is Joanie M. Brzezinski, reachable at joan_brzezinski@ios.doi.gov or (605) 574-0515.

The solicitation requires performance and payment bonds at 100% of the contract award amount, submitted on Standard Form 25 and 25A respectively, and a bid guarantee of 20% of the bid price or $3 million, whichever is less, on Standard Form 24. All bids must be submitted electronically in PDF format via email with complete documentation including the executed Standard Form 1442, bid guarantee, and acknowledgment of any amendments. Key compliance requirements include Buy American construction materials provisions, prevailing wage rate requirements per Department of Labor Wage Determination MN20260084, Executive Order 14026 minimum wage of $15.00 per hour, OSHA compliance, liability insurance with minimum coverage of $200,000 per person and occurrence with $500,000 property damage, and submission through the Invoice Processing Platform (IPP) for payment requests. Questions must be submitted in writing by May 29, 2026. The delivery location is NPS, MWR, St. Croix National Scenic Riverway, 401 N Hamilton Street, St. Croix Falls, Wisconsin 54024.

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(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF

SEALED BID (IFB) INVITATION FOR BID

9. FOR

INFORMATION CALL

PAGES

140P6326B0005

NPS, MWR - NEKOTA MABO

DOI, NPS, MWR - NEKOTA MABO

820 Columbus St Rapid City SD 57701

Joanie Brzezinski Electronic Bid: joan_brzezinski@ios.doi.gov

0044043043

PMN

Joan Brzezinski 6055740515

05/18/2026

06/17/2026

10 90

This solicitation is a Sealed Bid. This is an electronic Invitation for Bid (IFB) for construction work at St. Croix National Scenic Riverway. The resulting contract to be a firm fixed price. The complete specifications, drawings, provisions and clauses are available on http://www.sam.gov.

Bid Opening Information:

Date: June 17, 2026

Time: 11:00 AM Mountain Daylight Time

Conference Line: 1-202-640-1187

Phone Conference ID: 390 324 593#

PROJECT LOCATION: St. Croix National Scenic Riverway, 15975 State Highway 70, Pine City MN 55063

BONDS: Bid bond is required to be submitted on a Standard Form 24. Scanned copy of your official bid bond must reflect identifiable seal, if required and Power of Attorney seal. If seal is not identifiable, on the Bid Bond (if required) and/or Power of Attorney, bid will be determined non-responsive and will be rejected. Performance and Payment bonds/protection in the amount of 100% of

Continued...

1 33

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Continued...

AMENDMENT

NUMBER

DATE.

NPS, MWR - NEKOTA MABO

DOI, NPS, MWR - NEKOTA MABO

820 Columbus St Rapid City SD 57701

PMN

Joan Brzezinski

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

final contract award amount.

NAICS CODE: The NAICS code for this project is

237110, Commercial and Institutional Building.

The small business size standard is $45 million.

NOTICE OF SET ASIDE: 100% Total Small Business

SITE VISIT: May 26, 2026, 12:30 P.M Central

Daylight Time: Site Visit Meeting Location:

15975 State Hwy 70, Pine City Mn 55063

QUESTIONS: All questions pertaining to this solicitation shall be submitted IN WRITING via email. Email: joan_brzezinski@ios.doi.gov. All questions must be submitted in writing no later

COB May 29, 2025.

SCHEDULE: The Government anticipates that work will be completed in 90 calendar days. The final performance period start date is contingent of issuance of Notice to Proceed.

WAGE RATES: Wage Rate Requirements

(Construction) are incorporated into the terms and conditions as an attachment.

SYSTEM FOR AWARD MANAGEMENT (SAM): The successful offeror must be registered in SAM and have current online Representations and

Certifications. Please access http://www.sam.gov to update your records prior to submitting final offer.

Please Note: "System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including

52.223-22, Public Disclosure of Greenhouse Gas

Emissions and Reduction Goals Representation, and paragraph (t) of 52.212-3, Offeror

Representations and Certifications Commercial

Products and Commercial Services. Agencies will

Continued...

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

not consider or use these representations.

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM."

INSTRUCTIONS FOR SUBMITTING OFFER: Refer to

Section L: Instructions, Conditions, and

Notices to Offerors or Respondents. Complete bid package shall be emailed directly to joan_brzezinski@ios.doi.gov

Delivery: 90 Days After Notice to Proceed

Delivery Location Code: 0011283185

NPS, MWR, St Croix NSR

401 N Hamilton Street

St. Croix Falls WI 54024 US

00010 Repair and Maintain Marshland District

Maintenance Shop Complex Facilities LUMP SUM

Product/Service Code: Z2EB

Product/Service Description: REPAIR OR

ALTERATION

OF MAINTENANCE BUILDINGS

St. Croix National Scenic Riverway Repair and Maintain Marshland District Maintenance Shop

Complex Facilities

TABLE OF CONTENT

Part I The Schedule SECTION A Solicitation/Contract Form Special Notice for Bidders SECTION B Bid Schedule SECTION C Specifications/Drawings SECTION D Packaging and Marking SECTION E Inspection and Acceptance 52.246-12 Inspection of Construction. Inspection of Construction (Aug 1996) SECTION F Deliveries or Performance 52.236-15 Schedules for Construction Contracts DEVIATION (Jan 2026) 52.242-14 Suspension of Work (Apr 1984) SECTION G Contract Administration Data Construction Contraction Administration Submittal Process Request for Information (RFIs) Construction Schedule Requirements Schedule of Values 1452.201-70 Authorities and Delegations (Sep 2011) Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Feb 2021) SECTION H Special Contract Requirements Part II Contract Clauses SECTION I Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) .13 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards DEVIATION (Mar 2026) 52.204-13 System for Award Management Maintenance DEVIATION (Mar 2026) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded DEVIATION (May 2026) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations DEVIATION (May 2026) 52.214-26 Audit and Records – Sealed Bidding (Jun 2020) Alternate I (Mar 2009) 52.214-29 Order of Precedence – Sealed Bidding (Jan 1986) 52.219-6 Notice of Total Small Business Set-Aside DEVIATION (Jan 2026) 52.219-8 Utilization of Small Business Concerns DEVIATION (Jan 2026) 52.219-28 Post-Award Small Business Program Rerepresentation DEVIATION (Jan 2026) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (June 2003) 52.222-6 Construction Wage Rate Requirements DEVIATION (May 2026) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Jul 2021) 52.222-9 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) DEVIATION (May 2026) 52.222-12 Contract Termination-Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-35 Equal Opportunity for Veterans DEVIATION (May 2026) 52.222-36 Equal Opportunity for Workers With Disabilities DEVIATION (May 2026) 52.222-37 Employment Reports on Veterans DEVIATION (May 2026)

Complex Facilities

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons DEVIATION (May 2026) 52.222-54 Employee Eligibility Verification DEVIATION (May 2026) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.222-90 Addressing DEI Discrimination by Federal Contractors DEVIATION (May 2026) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts DEVIATION (May 2026) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons DEVIATION (May 2026) 52.223-23 Sustainable Products and Services DEVIATION (May 2026) 52.226-7 Drug-Free Workplace (May 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.227-1 Authorization and Consent (Jun 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) 52.227-4 Patent Indemnity- Construction Contracts (Dec 2007) 52.228-1 Bid Guarantee (Sep 1996) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance- Work on a Government Installation (Jan 1997) 52.228-12 Prospective Subcontractor Request for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-16 Progress Payments (Nov 2021) 52.232-17 Interest (May 2014) 52.232-18 Availability of Funds (Apr 1984) 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 (Mar 2023) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions DEVIATION (Jan 2026) 52.236-3 Site Investigation and Conditions Affecting the Work DEVIATION (Jan 2026) 52.236-5 Material and Workmanship DEVIATION (Jan 2026) 52.236-6 Superintendence by the Contractor DEVIATION (Jan 2026) 52.236-7 Permits and Responsibilities DEVIATION (Jan 2026) 52.236-8 Other Contracts DEVIATION (Jan 2026) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements DEVIATION (Jan 2026) 52.236-10 Operations and Storage Areas DEVIATION (Jan 2026) 52.236-11 Use and Possession Prior to Completion DEVIATION (Jan 2026) 52.236-12 Cleaning Up DEVIATION (Jan 2026) 52.236-13 Accident Prevention DEVIATION (Jan 2026) Alternate 1 (Nov 1991) 52.236-14 Availability and Use of Utility Services DEVIATION (Jan 2026) 52.236-17 Layout of Work DEVIATION (Jan 2026) 52.236-21 Specifications and Drawings for Construction DEVIATION (Jan 2026) 52.240-91 Security Prohibitions and Exclusions DEVIATION (Mar 2026) 52.240-93 Basic Safeguarding of Covered Contractor Information Systems DEVIATION (Mar 2026) 52.242-13 Bankruptcy (July 1995) 52.243-5 Changes and Changed Conditions DEVIATION (Oct 2025) 52.244-5 Competition in Subcontracting (Dec 1996) 52.244-6 Subcontracts for Commercial Products and Commercial Services DEVIATION (May 2026) 52.246-21 Warranty of Construction (Mar 1994) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - (ALT I) (Sept 1996)

Complex Facilities

52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms DEVIATION (May 2026)

CLAUSES INCORPORATED BY FULL TEXT

1452.203-70 Restrictions on Endorsements (Jul 1996) 1452.204-70 Release of Claims (Jul 1996) 1452.228-70 Liability Insurance—Department of the Interior (Jul 1996) 1452.236-70 Prohibition Against Use of Lead-based Paint-Department of Interior (Jul 1996) 52.222-55 Minimum Wages Under Executive Order 14026 (Jan 2022) DEVIATION (Oct 2023) 52.225-9 Buy American–Construction Materials (Oct 2022) 52.228-11 Individual Surety - Pledges of Assets (Feb 2021) (DEVIATION May 2023) 52.228-15 Performance and Payment Bonds- Construction (Jun 2020) (DEVIATION May 2023) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.252-6 – Authorized Deviations in Clauses (Nov 2020) Part III – List of Documents, Exhibits, and Other Attachments SECTION J – List of Attachments Part IV – Representations and Instructions SECTION K - Representations, Certifications, and Other Statements of Offerors 52.203-18 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements - Representation (Jan 2017) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications DEVIATION (Mar 2026)

PROVISIONS INCORPORATED BY FULL TEXT

52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-13 Violation of Arms Control Treaties or Agreements – Certification DEVIATION (May 2026) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) SECTION L Instructions, Conditions, and Notices to Offerors

PROVISIONS INCORPORATED BY REFERENCE

52.204-7 System for Award Management DEVIATION (Mar 2026) 52.214-3 Amendments to Invitations for Bids (Dec 2016) 52.214-4 False Statements in Bids (Apr 1984) 52.214-5 Submission of Bids (Dec 2016) 52.214-6 Explanation to Prospective Bidders (Apr 1984) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999) 52.214-12 Preparation of Bids (Apr 1984) 52.214-18 Preparation of Bids-Construction (Apr 1984) 52.214-19 Contract Award -Sealed Bidding-Construction (Aug 1996) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014) 52.225-10 Notice of Buy American Requirement--Construction Materials (May 2014)

PROVISIONS INCORPORATED BY FULL TEXT

52.216-1 Type of Contract (Apr 1984) 52.228-1 Bid Guarantee (Sep 1996) 52.233-2 Service of Protest Department of the Interior (Sep 2006) (DEVIATION Jul 1996) 52.252-5 Authorized Deviations in Provisions (Nov 2020)

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M - EVALUATION FACTORS FOR AWARD

Complex Facilities

Part I The Schedule

SECTION A Solicitation/Contract Form

Invitation for Bids (IFB) are issued on Standard Form (SF) 1442, Solicitation, Offer, and Award document.

Special Notice for Bidders

Signing of the bid shall be deemed to be a representation by the bidder that:

1.) Bidder is a construction contractor who owns, operates, or maintains a place of business, regularly engaged in the work described herein; or

2.) If newly entering into a construction activity, bidder has made all necessary arrangements for personnel, construction equipment, and required licenses to perform construction work as specified;

and

3.) Upon request, prior to award, bidder will promptly furnish to the Government a statement of facts in detail as to bidder’s previous experience (including recent and current contracts), organization (including company officers), technical qualifications, financial resources and facilities available to perform the contemplated work.

SECTION B Bid Schedule

Preparation of Bids: The Government will not be responsible for any costs incurred by offeror in the research, preparation, or submission of its bid.

Bid pricing shall be provided in accordance with Section L.

The contractor shall provide a lump sum bid for base and options inclusive of all costs to complete work as specified.

• Contractor shall use and submit the Bid Schedule referred to under SECTION J - LIST OF

ATTACHMENTS.

SECTION C Specifications/Drawings

Additional requirements information is provided in the solicitation, specifications, supporting documents and other pertinent attachments.

“Specifications and other supporting documents are attached and incorporated herein. Refer to SECTION J.”

SECTION D Packaging and Marking

No clauses included

SECTION E Inspection and Acceptance

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

SECTION F Deliveries or Performance

Work shall be completed by skilled personnel per industry standards and manufacturer specifications.

Complex Facilities

52.236-15 Schedules for Construction Contracts DEVIATION (Jan 2026) 52.242-14 Suspension of Work (Apr 1984)

SECTION G Contract Administration Data

Construction Contraction Administration

Federal Acquisition Regulation (FAR) 36.211(b) requires agencies provide description of policies and procedures that apply to definitization of equitable adjustments for change orders under construction contracts and data on the time required to definitize equitable adjustments for change orders under construction contracts. This information can be found at: https://www.doi.gov/pam/acquisition/policy/constructioncontract.

(a) Contact Information:

The Contracting Specialist/Officer administrating the Contract:

Joanie M. Brzezinski Contract Specialist/Officer National Park Service Telephone No. 605-574-0515 Email: joan_brzezinski@ios.doi.gov

(b) The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.

(c) Contractual problems, of any nature, which might occur during the life of the contract, must be handled in conformance with very specific public laws and regulations (e.g., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.

(d) Any request for contract changes/modifications shall be submitted to the CO.

(e) The contractor and the Government may agree to perform a no-cost field change. Field changes are made when the change appears to be mutually beneficial to all parties and would not require changing the negotiated line items.

All field changes must be approved by the CO prior to execution.

(f) All correspondence concerning this contract, such as requests for information (RFI), explanation of terms, and contract interpretation, shall be submitted to the CO.

FINAL PAYMENT

Final payment will be made only after receipt of all payrolls to include subcontractors, SF 1413 Statement of Acknowledgement for each subcontractor, project schedule, updated progress reports, material submittals, test reports, as-built drawings, warranty of construction, release of claims and any other documents requested by the contracting office as applicable. Contractor must provide a signed copy of the 'Release of Claims' to the Contract Administrator upon submittal of final invoice.

AVAILABILITY OF UTILITIES SERVICES

Notwithstanding the provisions of contract clause FAR 52.236-14, Availability and Use of Utility Services, all reasonable required amounts of water, gas, electricity, etc., essential to contract performance shall be made available, at no cost to the contractor, from existing systems, outlets, and supplies. All temporary connections, outlets, and distribution lines as may be required will be installed by the contractor at the contractor's own expense.

UTILITIES CONSERVATION

The contractor will be required to participate in government energy conservation programs. For the purpose of this https://www.doi.gov/pam/acquisition/policy/constructioncontract mailto:joan_brzezinski@ios.doi.gov

Complex Facilities contract, utilities such as water, electricity, etc., will be furnished by the government at no cost to the contractor.

OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) INSPECTIONS

The contractor shall be subject to inspections under the OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) program by inspectors of the Department of Labor.

INTERIM AND FINAL INSPECTIONS

1. Prior to covering, enclosing, or hiding any of type work, the Contractor must contact the Government representative to perform an interim inspection. Failure to contact the Government representative perform an interim inspection prior to concealment may result in the Contractor being required to uncover performed work sufficiently to allow for proper inspection.

2. When ready for final inspection, the Contractor shall notify the CO and COR, requesting a final inspection in writing to the CO. The final inspection shall normally be requested a minimum of three (3) calendar days before the desired date or as otherwise negotiated with the Contracting Officer.

3. The final inspection will be onsite with the Contractor, the Contracting Officer’s Representative, and Contract Specialist/Contracting Officer (when possible).

Submittal Process

(a) This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals.

(b) Submittal List: A submittal list is included in the scope of work document. The intent is to provide an overall summary of submittal requirements and not a comprehensive list. The requirements of the scope of work and contract terms and conditions still apply regardless of what is shown on the submittal list.

(c) Processing Time: Allow enough time for submittal review, including time for re-submittals. Time for review shall commence on Contracting Officer’s receipt of submittal. No extension of the contract time will be authorized because of failure to transmit submittals enough in advance of the work to permit processing, including re-submittals. Allow 5 business days for review of each submittal and resubmittal.

Allow additional time if coordination with subsequent submittals is required.

(d) Transmittal: All material submittals shall be transmitted using National Park Service form CM-16 (attached). Package each submittal individually and appropriately for transmittal and handling. Submittals received from sources other than the Contractor will be returned without review.

(e) The Contractor shall number each submittal sequentially. Revised submittals (resubmittals) shall include an appropriate revision number.

(f) (f) Re-submit submittals until they are marked “Approved” or “Approved with notations.” Use only final submittals with mark indicating “Approved” or “Approved with notations.”

Request for Information (RFIs)

(a) Immediately on discovery of the need for additional information or interpretation of the contract documents, Contractor shall prepare and submit an RFI utilizing the form provided by the CO (attached) or one created by the Contractor that is approved by the CO. The content of the RFI shall include a detailed description of elements requiring clarification. Include all relevant facts and circumstances in the RFI. The Contractor shall sequentially number each RFI.

(1) CO will not respond to RFIs submitted by other entities controlled by Contractor.

(2) Coordinate and submit RFIs in a prompt manner to avoid delays in the work.

Complex Facilities

(b) Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following:

(1) RFI number, numbered sequentially.

(2) Date.

(3) RFI subject.

(4) Specification Section number and title and related paragraphs, as appropriate.

(5) Drawing number and detail references, as appropriate.

(6) Field dimensions and conditions, as appropriate.

(7) Contractor's suggested resolution. If Contractor's suggested resolution impacts the contract time or the contract amount, Contractor shall state impact in the RFI.

(8) Contractor's signature.

(9) Attachments: Include sketches, descriptions, measurements, photos, product data, shop drawings, coordination drawings, and other information necessary to fully describe items needing interpretation.

Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches.

(c) Contracting Officer’s Action: CO will review each RFI, determine action required, and respond. CO will determine the critical nature of each RFI and issue a response accordingly. The following are not considered to be RFIs and will receive no action:

(1) Requests for approval of submittals.

(2) Requests for approval of substitutions.

(3) Incomplete RFIs or inaccurately prepared RFIs.

(d) CO's action on RFIs may result in the need for a change to the contract time or the contract amount. All contract changes will be processed following the terms and conditions of the contract.

Construction Schedule Requirements

The Notice to Proceed will establish the period of performance, which shall include time necessary for material procurement, equipment delivery, decommissioning, installation, normal anticipated weather delays for the project location, commissioning, testing, final inspection, and Government acceptance of the completed work. The purpose of the Construction Schedule is to ensure adequate planning, coordination, scheduling, and reporting during execution of the work by the Contractor. The Construction Schedule will assist the Contractor, Contracting Officer, and Contracting Officer Representative, in monitoring the progress of the work, evaluating proposed changes, and processing progress payments. Prepare the Construction Baseline Schedule to show the order in which the Contractor proposes to perform the Work, and the dates on which the Contractor contemplates starting and completing all activities required. Indicate the estimated duration, sequence requirements, and relationship of each activity in relation to other activities. Consider seasonal weather conditions in planning and scheduling all work influenced by high and low ambient temperatures, wind, or precipitation to ensure completion of all work within the contract time. Contractor shall be responsible for revising schedule to include any approved updates and/or revisions.

Schedule of Values

(a) Breakdown each lump-sum item into component work activities used in the schedule, for which progress payments may be requested. The work activities broken out within the schedule of values shall be integrated into and made a logical part of the construction baseline schedule submitted under this specification. The total costs for the component work activities shall equal the contract price for that lump-sum item. The Contracting Officer may request data to verify accuracy of dollar values. Include mobilization, general condition costs, overhead and profit in the total dollar value of unit price items and in the component work activities for each lump-sum item. Do not include mobilization, general condition costs, overhead or profit as a separate item.

(b) Do not break down unit price items. Use only the contract price for unit price items.

Complex Facilities

(c) The total cost of all items shall equal the contract price. The Schedule of Values will form the basis for progress payments.

(d) An acceptable Schedule of Values shall be agreed upon by the Contractor and Contracting Officer before the first progress payment is processed.

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.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

The COR for this contract will be:

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

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

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

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

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

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

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

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

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

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

(End of Clause)

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Feb 2021)

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

Complex Facilities

Processing Platform System (IPP).

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

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

1. Copy of vendor invoice document in PDF format, completed on the pay application document provided by contracting, which shows pricing breakdown for all line items. Once all signatures (Contractor’s / COR / CO) and approvals are completed on the pay application, the vendor can then upload this document into IPP as their invoice attachment.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

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

(End of Clause)

SECTION H Special Contract Requirements

Part II Contract Clauses

SECTION I Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards DEVIATION (Mar 2026) 52.204-13 System for Award Management Maintenance DEVIATION (Mar 2026) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded DEVIATION (May 2026) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations DEVIATION (May 2026) 52.214-26 Audit and Records – Sealed Bidding (Jun 2020) Alternate I (Mar 2009) 52.214-29 Order of Precedence – Sealed Bidding (Jan 1986) 52.219-6 Notice of Total Small Business Set-Aside DEVIATION (Jan 2026) 52.219-8 Utilization of Small Business Concerns DEVIATION (Jan 2026) 52.219-28 Post-Award Small Business Program Rerepresentation DEVIATION (Jan 2026) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (June 2003) 52.222-6 Construction Wage Rate Requirements DEVIATION (May 2026) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Jul 2021) 52.222-9 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) DEVIATION (May 2026) https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

Complex Facilities

52.222-12 Contract Termination-Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-35 Equal Opportunity for Veterans DEVIATION (May 2026) 52.222-36 Equal Opportunity for Workers With Disabilities DEVIATION (May 2026) 52.222-37 Employment Reports on Veterans DEVIATION (May 2026) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons DEVIATION (May 2026) 52.222-54 Employee Eligibility Verification DEVIATION (May 2026) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.222-90 Addressing DEI Discrimination by Federal Contractors DEVIATION (May 2026) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts DEVIATION (May 2026) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons DEVIATION (May 2026) 52.223-23 Sustainable Products and Services DEVIATION (May 2026) 52.226-7 Drug-Free Workplace (May 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.227-1 Authorization and Consent (Jun 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) 52.227-4 Patent Indemnity- Construction Contracts (Dec 2007) 52.228-1 Bid Guarantee (Sep 1996) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance- Work on a Government Installation (Jan 1997) 52.228-12 Prospective Subcontractor Request for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-16 Progress Payments (Nov 2021) 52.232-17 Interest (May 2014) 52.232-18 Availability of Funds (Apr 1984) 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 (Mar 2023) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions DEVIATION (Jan 2026) 52.236-3 Site Investigation and Conditions Affecting the Work DEVIATION (Jan 2026) 52.236-5 Material and Workmanship DEVIATION (Jan 2026) 52.236-6 Superintendence by the Contractor DEVIATION (Jan 2026) 52.236-7 Permits and Responsibilities DEVIATION (Jan 2026) 52.236-8 Other Contracts DEVIATION (Jan 2026) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements DEVIATION (Jan 2026) 52.236-10 Operations and Storage Areas DEVIATION (Jan 2026) 52.236-11 Use and Possession Prior to Completion DEVIATION (Jan 2026) 52.236-12 Cleaning Up DEVIATION (Jan 2026) 52.236-13 Accident Prevention DEVIATION (Jan 2026) Alternate 1 (Nov 1991) 52.236-14 Availability and Use of Utility Services DEVIATION (Jan 2026) 52.236-17 Layout of Work DEVIATION (Jan 2026) 52.236-21 Specifications and Drawings for Construction DEVIATION (Jan 2026) 52.240-91 Security Prohibitions and Exclusions DEVIATION (Mar 2026)

Complex Facilities

52.240-93 Basic Safeguarding of Covered Contractor Information Systems DEVIATION (Mar 2026) 52.242-13 Bankruptcy (July 1995) 52.243-5 Changes and Changed Conditions DEVIATION (Oct 2025) 52.244-5 Competition in Subcontracting (Dec 1996) 52.244-6 Subcontracts for Commercial Products and Commercial Services DEVIATION (May 2026) 52.246-21 Warranty of Construction (Mar 1994) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - (ALT I) (Sept 1996) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms DEVIATION (May 2026)

CLAUSES INCORPORATED BY FULL TEXT

1452.203-70 Restrictions on Endorsements (Jul 1996)

Restriction on Endorsements—Department of the Interior

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

(End of clause)

1452.204-70 Release of Claims (Jul 1996)

Release of Claims—Department of the Interior

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

1452.228-70 Liability Insurance—Department of the Interior (Jul 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$200,000.00 each person

$200,000.00 each occurrence

$500,000.00 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

Complex Facilities

(End of clause)

1452.236-70 Prohibition Against Use of Lead-based Paint-Department of Interior (Jul 1996)

Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

(End of clause)

52.222-55 Minimum Wages Under Executive Order 14026 (Jan 2022) DEVIATION (Oct 2023)

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 shall 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.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim http://uscode.house.gov/ http://uscode.house.gov/

Complex Facilities

(2) The Contractor shall 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 website), 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 shall 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 shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will 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 shall 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 shall 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 shall 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 shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall 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…

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