Solicitation_-_GAOA_McNamara_Johnsrud_Chipseal_-_Issued.pdf

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

April 2023

Request for Proposals Solicitation No. 140L3623R0006

McNamara/Johnsrud Roads, Chip Sealing and Site Improvements – Great American Outdoors Act Montana

Solicitation No: 140L3623R0006 PROJECT DESCRIPTION: McNamara/Johnsrud Roads, Chip Sealing and Site Improvements (GAOA)

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MCNAMARA / JOHNSRUD ROADS, CHIP SEALING AND SITE IMPROVEMENTS –

GREAT AMERICAN OUTDOORS ACT

MONTANA

FOREWORD

The Department of Interior, Bureau of Land Management (BLM), Montana State Office is soliciting proposals for construction activities to include the furnishing of labor, equipment, supplies, and materials, to chip seal 6.2 miles of asphalt roadway, resurfacing the Blackfoot Corridor Day Use Areas, performing linear grading along 4.9 miles of roadway, and delineating the parking area at Whitaker Bridge Day Use Area in accordance with the drawings and specifications. The project work is located in Missoula County, Montana.

PROCUREMENT OVERVIEW

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

TYPE OF CONSTRUCTION: Highway

NAICS CODE: 237310, Highway, Street, and Bridge 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 Bureau of Land Management Attn: Christine Mundt Attn: Jorge Alvarez 5001 Southgate Drive 5001 Southgate Drive Billings, MT 59101 Billings, MT 59101 Office Phone: 406-896-5030 Office Phone: 562-278-6182 Email: cmundt@blm.gov Email: 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: May 12, 2023, at 5:00 pm, Mountain Daylight 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 – SPECIFICATIONS/DRAWINGS

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 F.4 BLM – Variation in Quantity (DEVIATION)

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 Fire Danger Season H.3 Preservation of Historical and Archeological Data H.4 Safety and Quality Control Plan H.5 Federal Holidays H.6 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 Limitations on Subcontracting (DEVIATION) I.6 Buy American – Construction Materials I.7 Additional Bond Security I.8 Differing Site Conditions

I.9 Site Investigation and Conditions Affecting the Work I.10 Material and Workmanship I.11 Superintendence by the Contractor I.12 Permits and Responsibilities I.13 Other Contracts I.14 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements I.15 Operations and Storage Areas I.16 Use and Possession Prior to Completion I.17 Cleaning Up I.18 Accident Prevention I.19 Specifications and Drawings for Construction I.20 Preconstruction Conference I.21 Authorized Deviations in Clauses I.22 DIAR Restrictions on Endorsements – Department of the Interior I.23 DIAR Release of Claims – Department of the Interior I.24 DIAR Examination of Records – Department of the Interior I.25 DIAR Liability Insurance – Department of the Interior

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

SECTION J – LIST OF ATTACHMENTS

Special Contract Requirement for Chip Sealing and Site Improvements of the McNamara/Johnsrud Roads ................................................................................................. Separate Document McNamara/Johnsrud Road Chipseal – Technical Drawings ............................................... Separate Document General Decision Number: MT20230080 (01/06/2023) .................................................... 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 Information Regarding Responsibility Matters K.5 Violation of Arms Control Treaties or Agreements – Certification K.6 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction K.7 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 LPTA 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

SECTION B – SUPPLIES OR SERVICES AND PRICES

MCNAMARA / JOHNSRUD ROADS, CHIP SEALING AND SITE IMPROVEMENTS –

GREAT AMERICAN OUTDOORS ACT

MONTANA

B.1 Offerors are to complete Block 17 of the SF 1442 with the total proposed fixed price.

B.2 PRICE SCHEDULE

(a) Offers will be considered for award on the following Schedule, but no offer will be considered for award on only a part of the Schedule.

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

(c) The quantities in the schedule are estimated quantities for comparison of offers only, and except as provided in the contract clause at 1510-52.211-70, BLM – Variation in Quantity, no claim shall be made against the Government for overruns or underruns.

PRICE SCHEDULE

Item No. Item Description Quantity Unit Unit Price Amount

1 PAY ITEM 15101

Mobilization 1 LS $ $

PAY ITEM 20207

Removal of Individual Trees, disposal method 203.05.a

10 Each $ $

PAY ITEM 20401

Roadway excavation, compaction placement method 2, tolerance class D.

Contract quantity.

350 Cubic Yard $ $

PAY ITEM 25101

Placed riprap, Class 7. Installed - Delineation Boulders

50 CY $ $

PAY ITEM 30115

Aggregate surface course installed, 1-in, compaction method C. Contract quantity.

3,000 Compacted Cubic Yard $ $

PAY ITEM 40711-01

Chip Seal, Type 1C. Stationing 75+35.00 to 402+94.53. Contract quantity.

52,466 SY $ $

7 PAY ITEM 62201

Hydraulic Excavator 16 HR $ $

8 PAY ITEM 62202

Road Grader 8 HR $ $

9 PAY ITEM 62203

Dump Truck 8 HR $ $

PAY ITEM 63301

Signage Installation - Government Furnished

17 Each $ $

PAY ITEM 63306

Parking Delineator, 6" Sch. 40 Steel Pipe

- Installed with #5 rebar

960 LF $ $

12 PAY ITEM 63501

Temporary traffic control 1 LS $ $

TOTAL ESTIMATED COST $

END OF SCHEDULE

SECTION C – SPECIFICATIONS/DRAWINGS

MCNAMARA / JOHNSRUD ROADS, CHIP SEALING AND SITE IMPROVEMENTS – GREAT

AMERICAN OUTDOORS ACT - 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.

(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 150 calendar days after the date the Contractor receives the notice to proceed. 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.

F.4 BLM 1510-

52.211-70 BLM - VARIATION IN QUANTITY (DEVIATION) MAY 1987

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 20 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 120 percent or below 80 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

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)

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 POINTS OF CONTACT

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

Bureau of Land Management Attn: Jorge Alvarez 5001 Southgate Drive Billings, MT 59101 Office Phone: 562-278-6182 Email: BLM_MT_Procurement@gmail.com 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 FIRE DANGER SEASON

If the Contracting Officer Representative (COR) allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

H.3 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

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

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

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

(d) The Contractor will be responsible for protecting the cultural resources within the affected area from damage.

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

H.4 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.5 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/

2023 Holiday Schedule

Date Holiday

Monday, January 02 * New Year’s Day

Monday, January 16 Birthday of Martin Luther King, Jr.

Monday, February 20 ** Washington’s Birthday

Monday, May 29 Memorial Day

Monday, June 19 Juneteenth National Independence Day

Tuesday, July 04 Independence Day

Monday, September 04 Labor Day

Monday, October 09 Columbus Day

Friday, November 10 * Veterans Day

Thursday, November 23 Thanksgiving Day

Monday, December 25 Christmas Day *If a holiday falls on a Saturday, for most Federal employees, the preceding Friday will be treated as a holiday for pay and leave purposes.

(See 5 U.S.C. 6103(b).) If a holiday falls on a Sunday, for most Federal employees, the following Monday will be treated as a holiday for pay and leave purposes. (See Section 3(a) of Executive Order 11582, February 11, 1971.) See also our Federal Holidays – "In Lieu Of" Determination Fact Sheet at https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu- Of-Determination.

**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.6 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.

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/ https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/ 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

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:

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 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

52.204-19 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

52.209-6

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

52.219-6 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 REREPRESENTATION MAR 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

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

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 ACT REGULATIONS MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014

52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR 2015

52.222-26 EQUAL OPPORTUNITY SEP 2016

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION APR 2015

52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUN 2020

52.222-37 EMPLOYMENT REPORTS 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 MAR 2023

52.245-1 GOVERNMENT PROPERTY SEP 2021

52.245-9 USE AND CHARGES APR 2012

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 areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart

42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(f) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract.

I.3 52.204-25

PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

NOV 2021

(a) Definitions - As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

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

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

or

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

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International…