Sol_140P8523R0001.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

NPS, PWR - SF/SEA MABO

333 Bush Street

Suite 500 San Francisco CA 94104

PPO

Jara_Woodard@nps.gov

Jara Woodard 2062204025

1x 07/19/2023

140P8523R0001

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

CONSTRUCT NEW ENTRANCE STATION TO REDUCE TRAFFIC AND PROVIDE A SAFER WORKING

ENVIRONMENT, JOSHUA TREE NATIONAL PARK, SAN BERNARDINO COUNTY, CALIFORNIA

The National Park Service, Joshua Tree National Park, has a requirement to construct a new entrance station. The work consists of but is not limited to the following:

1. Site Work and Utilities, 2. Support building, 3. Kiosk 1 through 4, 4. Shade

Canopies 1 and 2, 5. Power Generation and Storage System, 6. Telecommunication &

Security Systems Infrastructure. The contractor shall provide all labor, materials, tools, equipment, and incidentals necessary to successfully complete the project.

The project also includes three (3) option CLINs. The National Park Service reserves the right to unilaterally exercise the options at the date of award.

Per the requirements of FAR 36.204, the project magnitude of this requirement is between $5,000,000 and $10,000,000.

The North American Industry Classification System (NAICS) Codes for this requirement is 236220, with a corresponding size standard of $45 million. Offerors are required to have an active registration in SAM (www.sam.gov) at the time of submission of a proposal to be eligible for award.

Continued ...

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 365 calendar days and complete it within ________________ ________________ calendar days after receiving

See Section F

08/18/2023

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

NPS, PWR - SF/SEA MABO

333 Bush Street

Suite 500 San Francisco CA 94104

PPO

Peter Passe

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 61

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P8523R0001

A Site Visit will be scheduled. See Section L of this solicitation for more information.

Delivery: 365 Days After Notice to Proceed

Delivery Location Code: 0009060582

NPS, JOSHUA TREE NP

74485 NATIONAL PARK DRIVE

TWENTYNINE PALMS CA 92277 US

00010 Construct New Entrance Station

Product/Service Code: Y1JZ

Product/Service Description: CONSTRUCTION OF

MISCELLANEOUS BUILDINGS

00020 Empty Conduit and Pull Boxes for Future Fiber

(Option Line Item)

Product/Service Code: Y1JZ

Product/Service Description: CONSTRUCTION OF

MISCELLANEOUS BUILDINGS

00030 Bypass Lane - West Extension

(Option Line Item)

Product/Service Code: Y1JZ

Product/Service Description: CONSTRUCTION OF

MISCELLANEOUS BUILDINGS

00040 Accessible Parking at Existing Comfort Station

(Option Line Item)

Product/Service Code: Y1JZ

Product/Service Description: CONSTRUCTION OF

MISCELLANEOUS BUILDINGS

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

Sponsored by GSA

FAR (48 CFR) 53.110

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Section B – Bid Schedule

See the attached Contract Price Schedule listed in Section J of this procurement for use to propose pricing.

(End of Section B)

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Section C – Specifications/Drawings

See the attached project specifications, construction drawings, and associated documents, listed in Section

J.

(End of Section C)

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Section D – Packaging and Marking

Does not apply

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Section E – Inspection and Acceptance

E.1 – FAR 52.246-12 – Inspection of Construction (Aug 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the

Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

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(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the

Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting

Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

(End of Section E)

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Section F – Deliveries or Performance

F.1 – 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 this/these address: https://www.acquisition.gov

FAR Clause Title Date

52.242-14 Suspension of Work Apr 1984

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

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 365 days following receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.3 – Progress Plan

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

(End of Section F) http://www.acquisition.gov/

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Section G – Contract Administration Data

G.1 – Contract Administration

Contracting Officer's Representative(s) for this contract will be established via separate correspondence.

G.2 – Contractor Performance Assessment Reporting System (December 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior

(DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

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

Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

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

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

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

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

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

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

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

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in

PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

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

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

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

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

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

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

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

(End of Clause)

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

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice 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. The IPP website address is: https://www.ipp.gov.

The contractor shall submit a draft Invoice Package, including copies of the following documents, to the National Park Service’s

(NPS) Contracting Officer’s Representative (COR) a minimum of 5 working days prior to submittal of the formal Invoice through IPP. If the COR recommends acceptance, the contractor shall submit a copy of the final version of the CMR’s checklist and the Invoice Package to the NPS through IPP.

1. Invoice billed according to contract line items and rates.

2. Certified payrolls and Statement of Compliance in accordance with clause 52.222-8.

3. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

4. If progress payment, include a completed certification for construction contract progress payment shall be submitted with invoice.

5 If final payment is billed, the last invoice shall state “FINAL”.

6. Contractor’s Release of Claims shall be submitted with the final invoice.

7. Completed copy of the Limitations on Subcontracting Report shall be submitted with final invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor

Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal

Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

G.4 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.

(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 Section G)

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Section H – Special Contract Requirements

H.1 – Wage Rates

Construction Wage Rate Requirements (Davis-Bacon Act) wage rates apply for this project and are attached to this solicitation (See Section J). The project is located in San Bernardino County, CA.

(End of Clause)

H.2 – Workers Compensation

The Contractor is required to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of Section 3700 of the Labor Code of the State of

California. Evidence of coverage is required before commencement of project work.

(End of Clause)

H.3 – Site Specific Safety and Health Plan

A site specific safety and health plan shall be prepared covering on-site work to be performed by the contractor and all subcontractors. The prime contractor shall be responsible for development, implementation, and oversight of the site specific plan. The site specific safety and health plan shall establish in detail, the protocols necessary for recognition, evaluation, and control of hazards associated with each task performed. The plan shall address site specific safety and health requirements and procedures based upon site specific conditions. The level of detail provided in the site specific safety and health plan shall be tailored to the type of work, complexity of operations to be performed, and hazards anticipated. The site specific safety and health plan shall address, in as much detail as possible, anticipated tasks, their related hazards, and anticipated control measures.

As work proceeds, the site specific safety and health plan shall be adapted to new situations and new conditions. Changes and modifications to the accepted site specific safety and health plan shall be made with the knowledge and concurrence of the safety office, site superintendent, and contracting office.

Should any unforeseen hazard become evident during the performance of work, the contractor shall bring such hazard to the attention of the safety office and COR, both verbally and in writing for resolution as soon as possible. In the interim, necessary action shall be taken to re-establish and maintain safe working conditions in order to safeguard on-site personnel, visitors, the public, and the environment.

Prior to submittal to the COR, the site specific safety and health plan shall be signed and dated by the prime contractor's safety and health manager and site superintendent. The site specific safety and health plan shall be part of the contractor's safety and Health program. The contractor shall submit to the COR the contractor's site specific safety and health plan for review and approval by the safety office.

Work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational Safety and Health

Administration (OSHA) standards, 29 CFR, Part 1910 and Part 1926. Where the requirements of applicable laws, criteria, ordinances, regulations, and referenced documents vary the most stringent requirements shall apply.

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H.4 - Seasonal Shutdown

(a) It is recognized that seasonal climatic conditions regularly occur in some of the National Park Service areas that restrict and in some cases prohibit normal construction activities. The actual timing of a seasonal shutdown will be determined by mutual agreement between the Contractor and the Contracting Officer. The Contractor shall give the

Contracting Officer at least two weeks’ notice prior to the anticipated resumption of work. The actual date that work is resumed is subject to the approval of the Contracting Officer. The amount of time during a seasonal shutdown is taken into consideration when the completion time as stated in the Contract is determined. Therefore, the contract time will not be extended due to seasonal shutdowns.

H.5 - Option for Additional Services - Separately Price Line Item The Government may require the delivery of the numbered line items identified in the Schedule as an option item(s) at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by the date of award.

Performance of added line item tasks shall be at the price negotiated in the contract Schedule.

H.6 - Federal Holidays The following federal legal holidays are observed:

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

Memorial Day Juneteenth Independence Day Independence Day

Labor Day Columbus Day Veterans Day

Thanksgiving Day Christmas Day

H.7 – Preservation of Historical and Archeological Data

Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data, which includes but is not limited to: Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, the contractor will notify the Contracting

Officer immediately in writing giving the location and nature of the findings. All items found are the property of, and will be removed only by, the Government.

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

Clauses Section of this contract.

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

H.8 – Hazardous Materials

Any material suspected of being hazardous that is encountered during performance of a project shall

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Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

H.9 – Conduct of Operations

At all times the Contractor shall conduct his organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe. Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer. No signs or advertisements (except those specified herein) shall be displayed on the construction site or within the park except with approval of the Contracting Officer.

H.10 – Unauthorized Personnel

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

(End of Section H)

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Section I – Contract Clauses

I.1 – 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 this address: https://www.acquisition.gov

FAR Clause Title Date

52.202-1 Definitions Jun 2020

52.203-3 Gratuities Apr 1984

52.203-5 Covenant Against Contingent Fees May 2014

52.203-6 Restrictions on Subcontractor Sales to the Government Jun 2020

52.203-7 Anti-Kickback Procedures Jun 2020

52.203-8

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity

May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020

52.203-17

Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights

Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements

Jan 2017

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Jun 2020

52.204-13 System for Award Management Maintenance Oct 2018

52.204-14 Service Contract Reporting Requirements Oct 2016

52.204-18 Commercial and Government Entity Code Maintenance Aug 2020

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities

Nov 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application Jun 2023 http://www.acquisition.gov/

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52.209-6

Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

Nov 2021

52.209-9

Updates of Publicly Available Information Regarding Responsibility

Matters

Oct 2018

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

52.215-2 Audit and Records – Negotiation Jun 2020

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

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications Jun 2020

52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications Jun 2020

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified

Cost or Pricing Data-Modifications

Nov 2021

52.219-6 Notice of Total Small Business Set-Aside Nov 2020

52.219-8 Utilization of Small Business Concerns Oct 2022

52.219-28 Post-Award Small Business Program Representation Mar 2023

52.222-3 Convict Labor Jun 2003

52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation May 2018

52.222-6 Construction Wage Rate Requirements Aug 2018

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) May 2014

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

52.222-21 Prohibition of Segregated Facilities Apr 2015

52.222-26 Equal Opportunity Sep 2016

52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015

52.222-37 Employment Reports on Veterans Jun 2020

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52.222-40

Notification of Employee Rights Under the National Labor Relations

Act

Dec 2010

52.222-50 Combating Trafficking in Persons Nov 2021

52.222-54 Employment Eligibility Verification May 2022

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 Jan 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2022

52.223-2

Affirmative Procurement of Biobased Products Under Service and

Construction Contracts

Sep 2013

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

52.223-6 Drug-Free Workplace May 2001

52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons Jun 2016

52.223-15 Energy Efficiency in Energy-Consuming Products May 2020

52.223-17

Affirmative Procurement of EPA-Designated Items in Service and

Construction Contracts

Aug 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Jun 2020

52.225-13 Restriction on Certain Foreign Purchases Feb 2021

52.225-15 Energy Efficiency in Energy-Consuming Products May 2020

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

52.228-2 Additional Bond Security Oct 1997

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

52.228-11 Individual Surety--Pledges of Assets Feb 2021

52.228-12 Prospective Subcontractor Requests for Bonds Dec 2022

52.228-14 Irrevocable Letter of Credit Nov 2014

52.228-15 Performance and Payment Bonds – Construction Jun 2020

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

52.232-5 Payments under Fixed-Price Construction Contracts May 2014

52.232-17 Interest May 2014

52.232-23 Assignment of Claims May 2014

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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

52.233-1 Disputes May 2014

52.233-1 Alt I Disputes Alternate I Dec 1991

52.233-3 Protest after Award Aug 1996

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

52.236-2 Differing Site Conditions Apr 1984

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

52.236-5 Material and Workmanship Apr 1984

52.236-6 Superintendence by the Contractor Apr 1984

52.236-7 Permits and Responsibilities Nov 1991

52.236-8 Other Contracts Apr 1984

52.236-9

Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements

Apr 1984

52.236-10 Operations and Storage Areas Apr 1984

52.236-11 Use and Possession Prior to Completion Apr 1984

52.236-12 Cleaning Up Apr 1984

52.236-13 Accident Prevention Nov 1991

52.236-17 Layout of Work Apr 1984

52.236-21 Specifications and Drawings for Construction Feb 1997

52.236-26 Preconstruction Conference Feb 1995

52.242-13 Bankruptcy Jul 1995

52.243-4 Changes Jun 2007

52.244-6 Subcontracts for Commercial Products and Commercial Services Jun 2023

52.246-21 Warranty of Construction Mar 1994

52.248-3 Value Engineering – Construction Oct 2020

52.249-2

Termination for Convenience of the Government (Fixed-Price)

Apr 2012

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I.2 – DIAR 1452.203-70 – Restrictions on Endorsements – Department of Interior (Jul 1996)

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.

I.3 – DIAR 1452.204-70 – Release of Claims – Department of the Interior (Jul 1996)

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.

I.4 – DIAR 1452.215-70 – Examination of Records by the Department of the Interior (Apr 1984)

For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR

52.215-1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller

General of the United States.

I.5 – DIAR 1452.228-70 – Liability Insurance – Department of 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:

$500,000.00 each person

$500,000.00 each occurrence

52.249-2 Alt I

Termination for Convenience of the Government (Fixed-Price)

Alternate I

Sep 1996

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

52.253-1 Computer Generated Forms Jan 1991

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$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.

I.6 – DIAR 1452.237-70, Information Collection – Department of the Interior (Jul 1996)

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the

Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the

Contracting Officer which is necessary to obtain approval from OMB.

I.7 – FAR 52.203-14 Display of Hotline Poster(s) (Nov 2021)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

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Downloadable hotline posters as well as instructions for obtaining a hard copy poster are available at http://www.doioig.gov/hotline

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $3,000,000.00 on the date of subcontract award, except when the subcontract—

(1) Is for the acquisition of a commercial product or commercial service; or

(2) Is performed entirely outside the United States.

(End of clause)

I.8 – FAR 52.222-35 – Equal Opportunity for Veterans (Jun 2020)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran,"

"protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal

Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41

CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the

Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance

Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.9 – FAR 52.222-36 – Equal Opportunity for Workers with Disabilities (Jun 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR

60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

https://www.acquisition.gov/far/22.1301#FAR_22_1301 https://www.acquisition.gov/far/22.1303#FAR_22_1303

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(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance

Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

I.10 – FAR 52.223-9 – Estimate of Percentage of Recovered Material Content for EPA Designated

Items (May 2008)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated…