Solicitation_-_BATB_Lagoon_Replacement_Phase_1_-_Issued.pdf

U.S. Department of the Interior Bureau of Land Management Montana State Office

February 2024

Request for Proposals Solicitation No. 140L3624R0004

Billings Retardant Air Tanker (BRAT) Base Retardant System Comprehensive Condition Assessment (CCA) / Design – Phase I Billings, Montana

Solicitation No: 140L3624R0004 PROJECT DESCRIPTION: BRAT Base Retardant System CCA / Design – Phase I

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BRAT BASE RETARDANT SYSTEM CCA / DESIGN – PHASE I

MONTANA

FOREWORD

The Department of Interior, Bureau of Land Management (BLM), Montana State Office is soliciting proposals for construction activities associated with Phase I of the BRAT Base Retardant System CCA / Design project. The work for the project consists of completing the construction of site features to include curb and gutter, sidewalks and slabs, concrete pavement, drainage system, site utilities, site demotions, and other site elements. Additionally, the work consists of the complete construction of the new site elements and structures, layout and installation of systems and equipment, electrical and grounding, water system, plumbing and waste piping, site demolition, and other required elements. The project work is located on at the Billings Retardant Air Tanker (BRAT) Base facility at the Logan International Airport in Billings, Montana in Yellowstone County.

PROCUREMENT OVERVIEW

TYPE OF CONTRACT: Construction, Firm Fixed Priced (FFP), Single Award Contract

TYPE OF CONSTRUCTION: Heavy

NAICS CODE: 237110, Water and Sewer Line and Related Structures Construction

MAGNITUDE: Between $500,000 and $1,000,000

RESTRICTIONS ON CONTACTS: Beginning upon release of the request for proposal (RFP) through contract award, contacting Government employees who may be associated with this work by participating offerors about this RFP is inappropriate. Offerors for this RFP, including subcontractors and teammates, shall not attempt such contacts during this period. All correspondence shall be through the Contracting Officers listed below:

Bureau of Land Management Attn: Christine Mundt 5001 Southgate Drive Billings, MT 59101 Office Phone: 406-896-5030 Email: cmundt@blm.gov or BLM_MT_Procurement@blm.gov

SITE VISIT: The Government strongly urges offerors to inspect the site to gain a better understanding of the work requirements and to satisfy themselves regarding all general and local conditions that may affect the cost of performance. In no event shall failure to inspect the site constitute grounds for a claim after award.

See Section L, Clause 52.236-27 – Alternate I, Site Visit (Construction) – Alternate I for more information.

QUESTIONS DUE: February 26, 2024, at 5:00 pm, Mountain Time. Questions submitted after this date and time will not be accepted. All questions must be submitted in writing via e-mail to the Contracting Officer.

See Section L, Paragraph Submittal of Questions for more information.

PROPOSAL RESPONSE DATE: For dates when contractors are to submit their proposals, see block 13 of Standard Form 1442, “Solicitation, Offer, and Award (Construction, Alteration, or Repair).”

See Section L, Instructions, Conditions and Notices to Offerors, for a list of required documents.

mailto:cmundt@blm.gov mailto:BLM_MT_Procurement@blm.gov

METHOD OF PROCUREMENT: This procurement is set-aside for Small Business Concerns and is a construction acquisition, pursuant to Federal Acquisition Regulations (FAR) Part 15, Part 19, and Part 36.

SAM: Effective July 29, 2012, any contractor interested in doing business with the Federal Government must register in the System for Award Management (SAM) database prior to award of a contract or agreement. SAM is an official website of the U.S. government. There is no cost to use SAM. You can use this site for FREE to:

• Register to do business with the U.S. government

• Update or renew your entity registration

• Check status of an entity registration

• Search for entity registration and exclusion records

Contractors may obtain information on registration and annual confirmation requirements via the SAM website accessed through https://www.sam.gov/SAM/ or by the Federal Service Desk at 1-866-606-8220.

NOTE: On April 4, 2022, the DUNS Number will no longer be used to identify entities doing business with the federal government. It is being replaced by the Unique Entity ID (SAM). The SAM website https://sam.gov/content/duns-uei contains resources to help contractors through the transition from DUNS Number to Unique Entity ID (SAM). On this page, contractors can:

• Learn about how this transition affects you, based on the work you do in SAM.gov

• Explore general information about the UEI and this change

• Get started with requesting a UEI, if you don't have one yet

IPP: Payment requests for the anticipated contract must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP). IPP is a secure, web-based service that more efficiently managements government invoicing from purchase order through payment notification at no charge to federal agencies and their vendors. The IPP website address is https://www.ipp.gov/. The contractor must use the IPP website to register access and use IPP for submitted request for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Customer Support Team via email IPPCustomerSupport@fiscal.treasury.gov or via phone at 1-866-973-3131.

If the contractor is unable to comply with the requirements to use IPP for submitting invoices for payment, the contract must submit a waiver request in writing to the Contracting Officer with its proposal.

https://www.sam.gov/PORTAL/PUBLIC/SAM/ https://www.sam.gov/SAM/ https://sam.gov/content/duns-uei https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

Standard Form 1442

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Price Schedule

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Specifications and Drawings .......................................................................................................... See Section J

SECTION D – PACKAGING AND MARKING

Not Applicable

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection of Construction E.2 Warranty of Construction

SECTION F – DELIVERIES OR PERFORMANCE

F.1 Commencement, Prosecution, and Completion of Work F.2 Schedules for Construction Contracts F.3 Suspension of Work

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DIAR Authorities and Delegations G.2 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) G.3 Local Invoice Processing Platform (IPP) Hotline G.4 Government Point of Contact

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Work Hours H.2 Drawings H.3 Safety and Quality Control Plan H.4 Federal Holidays H.5 Limitations on Subcontracting Reporting

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 Clauses Incorporated by Reference I.2 Commercial and Government Entity Code Maintenance I.3 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment I.4 Order of Precedence – Uniform Contract Format I.5 Option for Increased Quantity-Separately Priced Line Item I.6 Limitations on Subcontracting (DEVIATION) I.7 Buy American – Construction Materials I.8 Additional Bond Security I.9 Differing Site Conditions I.10 Site Investigation and Conditions Affecting the Work

I.11 Material and Workmanship I.12 Superintendence by the Contractor I.13 Permits and Responsibilities I.14 Other Contracts I.15 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements I.16 Operations and Storage Areas I.17 Use and Possession Prior to Completion I.18 Cleaning Up I.19 Accident Prevention – Alternate I I.20 Quantity Surveys I.21 Specifications and Drawings for Construction - Alternate II I.22 Preconstruction Conference I.23 Authorized Deviations in Clauses I.24 DIAR Restrictions on Endorsements – Department of the Interior I.25 DIAR Release of Claims – Department of the Interior I.26 DIAR Examination of Records – Department of the Interior I.27 DIAR Liability Insurance – Department of the Interior

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

Technical Specifications......................................................................................................... Separate Document Technical Drawings............................................................................................................. Separate Document Spill Containment Vault Photographs ................................................................................. Separate Document General Decision Number: MT20240068 (01/05/2024) ..................................................... Separate Document Reference List ...................................................................................................................... Separate Document Past Performance Questionnaire .......................................................................................... Separate Document Financial Responsibility Required Documentation ............................................................. Separate Document SF 24, Bid Bond .................................................................................................................. Separate Document SF 25, Performance Bond .................................................................................................... Separate Document SF 25A, Payment Bond ....................................................................................................... Separate Document DI-137, Release of Claims .................................................................................................. Separate Document

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

OR RESPONDENTS

K.1 Annual Representations and Certifications K.2 Commercial and Government Entity Code Reporting K.3 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment K.4 Violation of Arms Control Treaties or Agreements – Certification K.5 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction K.6 Preparation of Proposals – Construction

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 System for Award Management L.2 Alternative Line Item Proposal L.3 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 L.4 Submission of Offers in the English Language

L.5 Submission of Offers in U.S. Currency L.6 Instructions to Offerors – Competitive Acquisition L.7 Type of Contract L.8 Construction Wage Rate Requirements – Secondary Site of the Work L.9 Notice of Buy American Requirement – Construction Materials L.10 Bid Guarantee L.11 Individual Surety - Pledge of Assets L.12 Site Visit (Construction) – Alternate I L.13 Authorized Deviations in Provisions L.14 DIAR Use and Disclosure of Proposal Information – Department of the Interior L.15 BLM Service of Protest – Bureau of Land Management (DEVIATION) L.16 Restrictions on Contacts L.17 Submittal of Questions L.18 Performance and Payment Bonds L.19 Supplemental Instructions – Preparation of Proposal – Competitive Acquisition L.20 Proposal Submittal L.21 Volume Format Instructions L.22 Volume 1: Required Documentation L.23 Volume 2: Factor 1, Technical Approach L.24 Volume 3: Factor 2, Past Performance L.25 Volume 4: Factor 3, Pricing

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 Basis for Contract Award M.2 Tradeoff Evaluation Process M.3 Volume 1: Required Documentation M.4 Volume 2: Factor 1, Technical Approach M.5 Volume 3: Factor 2, Past Performance M.6 Volume 4: Factor 3, Pricing M.7 Evaluation of Options

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO.

PAGE OF PAGES

CODE

SOLICITATION

(Construction, Alteration, or Repair)

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)

5. REQUISITION/PURCHASE REQUEST NO.

0040643194

7. ISSUED BY

BLM MT-STATE OFFICE

MT-935

5001 SOUTHGATE DR

BILLINGS MT 59101

LMA 8. ADDRESS OFFER TO

BLM - Montana State Office (Attn: C. Mundt) 5001 Southgate Drive Billings, MT 59101

OR

via email to BLM_MT_Procurement@blm.gov

Christine Mundt 4068965030

9x 02/01/2024

1. SOLICITATION NO.

140L3624R0004

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

A. Project Title: BRAT Base Retardant System Comprehensive Condition Assessment

(CCA) / Design - Phase I, Montana

B. Location of the Work: The project work is located at the Billings Retardant Air

Tanker (BRAT) Base Facility at the Logan International Airport in Billings, Montana in Yellowstone County.

C. Estimated Range of the Project: The estimated price range of this acquisition is between $500,000 and $1,000,000.

D. The North American Industrial Classification System (NAICS) Code is 237110. The applicable Small Business Size Standard is $45.0 Million.

E. This solicitation is issued as a Total Small Business Set-Aside procurement.

F. SAM Unique Entity ID Number:________________________

11. The Contractor shall begin performance within

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.)

10 340 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

________________________ 03/04/2024

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. 8/2014)

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)

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

BY

PAGE 10 OF

BLM MT-STATE OFFICE

MT-935

5001 SOUTHGATE DR

BILLINGS MT 59101

LMA

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

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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

U.S. Department of the Treasury Invoice Processing Platform (IPP) ipp.gov

(866) 973-3131 IPPCustomerSupport@fiscal.treasury.gov

Christine K. Mundt

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

11 88

CONTINUATION SHEET

PAGE OFREFERENCE NO. OF DOCUMENT BEING CONTINUED

140L3624R0004

00010 BRAT Base Retardant System CCA / Design - Phase I 1 AU $__________ $___________

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B – SUPPLIES OR SERVICES AND PRICES

BRAT BASE RETARDANT SYSTEM CCA / DESIGN – PHASE I

MONTANA

B.1 Offerors are to complete Block 17 of the SF 1442 with the total proposed fixed price by adding the total price for all option line items to the total price for the base schedule.

B.2 PRICE SCHEDULE

(a) Offers will be considered for award on the following Schedules, but no offer will be considered for award on only a part of the Schedule. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(b) All offers are subject to the terms and conditions of this solicitation.

(c) Offerors shall refer to Section 012000, Unit Prices and Schedule of Values for administrative and procedural requirements for the unit prices and requirements to prepare the schedule of values. The Option Line Items and associated quantities are estimated for comparison of offers only, and except as provided in the contract clause at FAR Clause 52.236-16, Quantity Surveys, no claim shall be made against the Government for overruns or underruns.

BASE PRICE SCHEDULE

Item No. Item Description Quantity Unit Unit Price Amount

1 MOBILIZATION 1 LS $ $

2 SITE WORK AND DEMOLITION 1 LS $ $

3 CONCRETE WORK 1 LS $ $

4 WATER METER VAULT COVER

REPLACEMENT 1 LS $ $

5 SITE CLEARING AND GRUBBING,

EXCAVATION, AND PREPARATION 1 LS $ $

6 STRUCTURAL FILL 1 LS $ $

7 SITE UTILITIES 1 LS $ $

8 TRENCH DRAIN 1 LS $ $

9 DRAINAGE DITCH EXTENSION 1 LS $ $

10 PAVEMENTS 1 LS $ $

OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM PRICE SCHEDULE

Item No. Item Description Quantity Unit Unit Price Amount

11 CONTAMINATED SOIL CLEANUP* 25 CY $ $

12 CONTAMINATED WASTE/WASH

WATER CLEANUP* 50 GAL $ $

13 ROCK REMOVAL* 25 CY $ $

*Quantity Survey Clause Applies

TOTAL ESTIMATED COST

Total Base Price Schedule (All or None) $

TOTAL ESTIMATED COST

Base Schedule + Option Schedule $

END OF SCHEDULE

SECTION C – SPECIFICATIONS / DRAWINGS

BRAT BASE RETARDANT SYSTEM CCA / DESIGN – PHASE I

MONTANA

C.1 Specifications and Drawings are attached and incorporated herein by reference, see Section J and Attachments.

SECTION D – PACKAGING AND MARKING

Not Applicable

SECTION E – INSPECTION AND ACCEPTANCE

E.1 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-

(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.

Solicitation No: 40L3624R0004

(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.

E.2 52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 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 340 calendar days after receipt of the notice to proceed.

The time stated for completion shall include final cleanup of the premises.

Note: The Government will require coordination of on site work and the current fire season. Based on past experience, the Government prefers no construction between June 1 and September 30 but this may vary based on current fire season activities. The time stated for completion shall include final cleanup of the premises.

F.2 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F.3 52.242-14 SUSPENSION OF WORK APR 1984

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) By an act of the Contracting Officer in the administration of this contract, or

(2) By the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DIAR

1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011

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

(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.

G.2 DOI-AAAP-

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, 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. Invoice date and Government Contract Number

2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

3. The accounting must follow the approved schedule of values as described in the specification attachment.

4. Total amount due for the billing period

5. Certification of Progress Payment

6. Payrolls (Mail weekly or sent outside of IPP in an encrypted manner)

7. Substantiation of Subcontractor Payment

8. A Release of Claims (See 1452.204-70) with a request for final payment.

Note – Prior to IPP Invoice submission, Contractors shall coordinate an informal pre-review of their invoice documents. A Progress Report (may be included in Progress Meeting Notes) shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at a minimum must include:

1. ACTIVITY: Description of the previous month’s project activities and the planned activities for the next month. Also, describe activities performed on contingency task(s), percent complete, task or deliverable schedule and identify any issues or concerns that may affect the performance and/or completion of the task(s).

2. PERCENTAGE COMPLETE: In accordance with the accepted Schedule of Values, for each task/deliverable: identify the percentage completed during the month and the cumulative percentage completed.

3. SCHEDULE: Reconcile progress of each task/deliverable with the schedule identified for each;

submit a revised schedule as required.

4. ISSUES OR CONCERNS: Identify issues and/or concerns that may affect the project Statement of Work (SOW) or schedule.

https://www.ipp.gov/

5. OTHER INFORMATION: Any other information required in the Contract to be included in the Progress Report.

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.

G.3 LOCAL INVOICE PROCESSING PLATFORM (IPP) HOTLINE

To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.

G.4 GOVERNMENT POINT OF CONTACT

Bureau of Land Management Attn: Christine Mundt 5001 Southgate Drive Billings, MT 59101 Office Phone: 406-896-5030 Mobile Phone: 406-661-5940 Email: cmundt@blm.gov mailto:IPPCustomerSupport@fiscal.treasury.gov mailto:cmundt@blm.gov mailto:BLM_MT_Procurement@gmail.com

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 WORK HOURS

The performance period established for this contract is based upon all work being conducted during regular working hours between 7:00 am and 6:00 pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

H.2 DRAWINGS

(a) Typical Drawings - Any drawings titled typical are general only and dimensions of each structure will be fixed by the Contracting Officer to adapt the design to existing conditions at the structure location.

(b) Reduced Size Drawings - Any drawings identified as "REDUCED SIZE DRAWINGS" appearing in the solicitation are photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. Prospective bidders desiring to review a copy of the full-size drawings may contact the Contracting Officer identified in the solicitation.

H.3 SAFETY AND QUALITY CONTROL PLAN

Within 10 days following contract award, the contractor must provide effective quality control/assurance and safety plans for acceptance by the Government.

H.4 FEDERAL HOLIDAYS

Federal law (5 U.S.C. 6103) establishes the public holidays for Federal employees. Please note that most Federal employees work on a Monday through Friday schedule. For these employees, when a holiday falls on a nonworkday -- Saturday or Sunday -- the holiday usually is observed on Monday (if the holiday falls on Sunday) or Friday (if the holiday falls on Saturday).

To see holidays for a specific year, please visit https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

2024 Holiday Schedule

Date Holiday

Monday, January 01 New Year’s Day

Monday, January 15 Birthday of Martin Luther King, Jr.

Monday, February 19 * Washington’s Birthday

Monday, May 27 Memorial Day

Wednesday, June 19 Juneteenth National Independence Day https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/ https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

Date Holiday

Thursday, July 04 Independence Day

Monday, September 02 Labor Day

Monday, October 14 Columbus Day

Friday, November 11 Veterans Day

Thursday, November 28 Thanksgiving Day

Wednesday, December 25 Christmas Day *This holiday is designated as "Washington’s Birthday" in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for Federal employees. Though other institutions such as state and local governments and private businesses may use other names, it is our policy to always refer to holidays by the names designated in the law.

H.5 LIMITATIONS ON SUBCONTRACTING REPORTING

In accordance with 52.219-14 Limitations on Subcontracting (DEVIATION SEP 2021), the prime contractor will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

A similarly situated subcontractor is a small business concern subcontractor that is a participant of the same SBA program that qualified the prime contractor as an eligible offeror and awardee of the contract. The contractor is responsible for ensuring compliance with the Limitation on Subcontracting.

At the conclusion of the period of performance and prior to final payment, the contractor shall submit a Limitation on Subcontracting Report directly to the Contracting Officer. The following information is required as part of the report:

(1) the total amount paid to the Prime during the performance period broken out by labor and materials

(2) list of Similarly Situated Subcontractors and the amounts paid to each during the performance period broken out by labor and materials

(3) list of any other subcontractors and the amounts paid to each during the performance period broken out by labor and materials.

If the Contracting Officer review of the report finds that the contractor is not in compliance for the period of performance, the contractor will be notified in writing. Penalties for failure to comply are described in 13 CFR 125.6(h) which states:

https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination

Whoever violates the requirements set forth in paragraph (a) of this section shall be subject to the penalties prescribed in 15 U.S.C. 645(d), except that the fine shall be treated as the greater of $500,000 or the dollar amount spent, in excess of permitted levels, by the entity on subcontractors. A party's failure to comply with the spirit and intent of a subcontract with a similarly situated entity may be considered a basis for debarment on the grounds, including but not limited to, that the parties have violated the terms of a Government contract or subcontract pursuant to FAR 9.406-2(b)(1)(i) (48 CFR 9.406-2(b)(1)(i)).

SECTION I – CONTRACT CLAUSES

I.1 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 the following 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

52.203-7 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 NOV 2023

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

52.204-19 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

DEC 2023

52.209-6

PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT

NOV 2021

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS NOV 2015

52.215-2 AUDIT AND RECORDS – NEGOTIATION JUN 2020

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET ASIDE NOV 2020

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS SEP 2023

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION SEP 2023

52.222-3 CONVICT LABOR JUN 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -

OVERTIME COMPENSATION MAY 2018

52.222-6 CONSTRUCTION WAGE 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

https://www.acquisition.gov/far/

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014

52.222-12 CONTRACT TERMINATION-DEBARMENT MAY 2014

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS

AND RELATED ACT REGULATIONS MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014

52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR 2015

52.222-26 EQUAL OPPORTUNITY SEP 2016

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION APR 2015

52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS-PRICE ADJUSTMENT

(NONE OR SEPARATELY SPECIFIED METHOD) AUG 2018

52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUN 2020

52.222-37 EMPLOYMENT REPORTS VETERANS JUN 2020

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

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION MAY 2011

52.223-6 DRUG FREE WORKPLACE MAY 2001

52.223-18 ENCOURAGING CONTRACTOR POLICY TO BAN TEXT MESSAGING

WHILE DRIVING JUN 2020

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2021

52.227-1 AUTHORIZATION AND CONSENT JUN 2020

52.227-4 PATENT INDEMNITY – CONSTRUCTION CONTRACTS DEC 2007

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.228-11 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 BOND – CONSTRUCTION JUN 2020

52.229-3 FEDERAL, STATE AND LOCAL TAXES FEB 2013

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION JUN 2020

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

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, 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

52.242-13 BANKRUPTCY JUL 1995

52.243-4 CHANGES JUN 2007

52.244-2 SUBCONTRACTS JUN 2020

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES DEC 2023

52.248-3 VALUE ENGINEERING – CONSTRUCTION OCT 2020

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

I.2 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE AUG 2020

(a) Definition. As used in this clause–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying…