Sol_140P1319Q0014.pdf

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PAAL REPLACE/RSRFC MEX BATTLELINE TRAIL Federal contract opportunity
Solicitation number
140P1319Q0014
Issued by
Department of the Interior National Park Service

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140P1319Q0014

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

04/26/2019 0040432095

1 34

1100 Old Santa Fe Trail Building P.O. Box 728 Santa Fe NM 87505

NPS, IMR - Santa Fe MABO 02/08/2020

NPS, Palo Alto Battlefield NHS

1623 Central Blvd, Rm 213

Brownsville

TX 78520-8326

830 868-7128EXT223Marsha Wagner

06/05/2019 1700 CT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Legacy Doc #: NPS Period of Performance: 07/08/2019 to 02/08/2020

00010 Resurface Mexican Battleline Trail: The work consists of all labor, materials and equipment to remove and dispose of the existing 4 inch asphalt trail surface and replace with a 4 inch concrete trail surface/sidewalk. The main problem with the existing trail is excessive cracking and aging of the existing 4 inch asphalt trail surface. The trail is 5-feet wide. There are NO culverts, boardwalks, etc., that need to be removed or worked around.

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P1319Q0014

The Mexican Battleline Trail is approximately 945 linear feet in length with a 40 foot diameter turnaround at the far end of the trail. There is also a side trail approximately 26 linear feet in length with a 14 foot diameter turnaround at the end of it.

Delivery: 02/08/2020

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

Type of Contract: Construction, Firm Fixed Priced (FFP)

Counties: Cameron County Location: Brownsville, Texas

Type of Construction: Heavy and Highway Work

Magnitude (FAR 36.204): Between $100K and $250,000

NAICS: 238910 SET-ASIDE: Small Business

SIZE STD: $15.0 M

National Park Service Contracting Officer

Name: Jim Sohan-COR

Phone: 210-534-8875 x 245

James_sohan@nps.gov

Marsha L. Wagner

Phone: 830-868-7128 x. 223

Marsha_wagner@nps.gov

Site Visit: Yes

Site Visit will be held on May 22, 2019 at 9:00 a.m. Please meet at the Palo Alto Visitor Center.

In accordance with this Solicitation Part IV – Representation and Instructions See Section L, Clause 52.236-27, Site Visit (Also Section I, Clauses 52.236-02, Differing Site Conditions and 52.236-03, Site Investigation and Conditions Affecting the Work, will be included in the resultant award)

Questions Due: May 30, 2019 by 2:00 pm CT In accordance with this Solicitation Part IV – Representation and Instructions See Section L, Clause 52.236-27, paragraph(c)

Proposal Submittal Information: June 5, 2019 by 2pm CT In accordance with this Solicitation Part IV – Representation and Instructions See Section L, Instructions, Conditions and Notices to Offerors, and Due Date and Time is noted in Block 10 of the Standard Form 18

Award Selection Process:

Small Business Set-Aside mailto:James_sohan@nps.gov

Contract No. Solicitation No: 140P1319Q0014 Replace/Resurface Mexican Battleline Trail, Palo Alto Battlefield National Historical Site

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Table of Contents

SECTION B – BID SCHEDULE – SUPPLEMENT TO SF 18 5

SECTION C: SPECIFICATIONS/DRAWINGS. 6

SECTION D: PACKAGING AND MARKING. 6

SECTION E: INSPECTION AND ACCEPTANCE. 6

E.1 CLAUSE INCORPORATED BY REFERENCE 7

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 7

E.2 FINAL INSPECTION AND ACCEPTANCE 7

SECTION F: DELIVERIES OR PERFORMANCE. 7

F.1 CLAUSE INCORPORATED BY REFERENCE 7

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 7

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) 7

SECTION G: CONTRACT ADMINISTRATION DATA. 8

G.1 PROCUREMENT OFFICE REPRESENTATIVE 8

DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011) 8

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS- INVOICE PROCESSING PLATFORM (IPP) (APR 2013) 8

G.2 LOCAL INTERNET PAYMENT PLATFORM (IPP) HOTLINE 8

G.3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DECEMBER 2015) 9

SECTION H: SPECIAL CONTRACT REQUIREMENTS. 11

H.1 WORK HOURS 11

H.2 FIRE DANGER SEASON 11

H.3 EXTENT OF OBLIGATION 11

H.4 FEDERAL HOLIDAYS 11

H.5 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA 11

H.6 WORK BY THE GOVERNMENT 11

PART II – CONTRACT CLAUSES 12

SECTION I: CONTRACT CLAUSES 12

I.1 CLAUSE INCORPORATED BY REFERENCE 12

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 12

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR1984) 12

52.204-1 APPROVAL OF CONTRACT (DEC 1989) 15

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52.216-18 ORDERING (OCT 1995) 15

52.216-19 ORDER LIMITATIONS (OCT 1995) 15

52.225-9 BUY AMERICAN ACT - CONSTRUCTION MATERIALS (MAY 2014) 15

52.243-7 NOTIFICATION OF CHANGES (APR 1984) 16

DIAR 1452.203-70 RESTRICTIONS ON ENDORSEMENTS - DEPARTMENT OF THE INTERIOR (JUL 1996) 17

DIAR 1452.204-70 RELEASE OF CLAIMS - DEPARTMENT OF THE INTERIOR (JUL 1996) 17

DIAR 1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR (APR 1984) 17

DIAR 1452.228-70 LIABILITY INSURANCE - DEPARTMENT OF THE INTERIOR (JUL 1996) 17

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 19

SECTION J: LIST OF ATTACHMENTS 19

J.1 LIST OF ATTACHMENTS 19

J.2 WAGE DETERMINATION 19

SECTION K: REPRESENTATIONS, CERTIFCATIONS, AND OTHER STATEMENTS OF OFFERORS 20

K.1 PROVISIONS INCORPORATED BY REFERENCE 20

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 20

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) 20

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 20

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 20

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) 21

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) 21

52.222-22 -- PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 21

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999) 23

DIAPR 2012-05 CERTIFICATION REGARDING A FELONY CONVICTION UNDER ANY FEDERAL LAW OR AN

UNPAID FEDERAL TAX LIABILITY (FEB 2012) 23

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 23

L.1 PROVISIONS INCORPORATED BY REFERENCE 23

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1988) 23

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) 24

52.216-01 TYPE OF CONTRACT (APR 1984) 24

52.222-5 – CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK. (MAY 2014)

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT – CONSTRUCTION MATERIALS (MAY 2014) 24

52.236-27 SITE VISIT (CONSTRUCTION) ALTERNATE 1 (FEB 1995) 25

52.236-28 PREPARATION OF PROPOSALS – CONSTRUCTION (OCT 1997) 25

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DIAR 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION – DEPARTMENT OF THE INTERIOR

(APR 1984) 25

DIAR 1452.233-2 SERVICE OF PROTEST - DEPARTMENT OF THE INTERIOR (DEVIATION) (JUL 1996) 26

L.2 SUBMITTAL OF QUESTIONS 27

L.3 SUPPLEMENTAL INSTRUCTIONS – PREPARATION OF PROPOSAL 27

L.4 PROPOSAL SUBMITTAL 28

SECTION M: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 28

M.1 BASIS FOR CONTRACT AWARD 30

M.2 LPTA EVALUATION PROCESS 30

M.3 TECHNICAL EVALUATION FACTORS 31

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SECTION B – BID SCHEDULE – SUPPLEMENT TO SF 18

YOUR FIRM MUST SUBMIT PRICES FOR ALL ITEMS TO BE CONSIDERED RESPONSIVE: ALL PRICES MUST BE FULLY

BURDENED, AND ALL INCLUSIVE (I.E. OVERHEAD, G&A, PROFIT, BONDS ETC.).

Bid Sheet Date:

Contractor Name:

Proposal Date Job description: Park PMIS Resurface Mexican Battleline Trail

PAAL 220340

Line Item Description (see Paragraph 2 and 4 in

Scope of Work) Unit

CONTRACT LINE ITEM NO. 1:

Resurface Mexican Battleline Trail

LS

Total: Base Proposal

CONTRACT LINE ITEM NO. 2 --

Additive A: Backfill and Grade Trail Edges

LS

Total: Additives

Total: Base plus Additives

Except when it is determined not to be in the Government’s best interests, 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).

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SECTION C: SPECIFICATIONS/DRAWINGS.

A) PROJECT TITLE: Replace/Resurface Mexican Battlefield Trail, Palo Alto Battlefield National Historical Site, Brownsville, Texas.

B) INTRODUCTION AND BACKGROUND: The National Park Service, Palo Alto Battlefield National Historical Site, are in need of a contract to replace/resurface Mexican Battle Line Trail and Backfill and Grade Trail Edges per the attached scope of work.

C) PLACE OF PERFORMANCE: Palo Alto Battlefield National Historical Site.

D) GENERAL SPECIFICATIONS: Work performed shall follow the SOW as Government Furnished, the contractor is required to provide all materials, labor, transportation and expertise required in performance of this requirement.

E) See section J for attachments.

(END OF SECTION)

SECTION D: PACKAGING AND MARKING.

SECTION NOT USED-NOT APPLICABLE

SECTION E: INSPECTION AND ACCEPTANCE.

E.1 CLAUSE INCORPORATED BY REFERENCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

http://acquisition.gov/far/index.html

Clause Title Date

52.246-12 Inspection of Construction August 1996

52.246-21 Warranty of Construction October 2018

E.2 FINAL INSPECTION AND ACCEPTANCE

Final completion of the punch list items, submission of all required submittals, and final cleanup of the project site shall be completed before the contract’s required completion date. The Contracting Officer or his/her designated representative will perform final inspection.

Acceptance of the work will occur only upon written notice of acceptance by the ordering Contracting Officer or any Warranted Contracting Officer employed by the National Park Service and performing authorized duties in conjunction with this contract.

(End of Clause)

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SECTION F: DELIVERIES OR PERFORMANCE.

F.1 CLAUSE INCORPORATED BY REFERENCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

http://acquisition.gov/far/index.html

Clause Title Date

52.211-18 Variation in Estimated Quantity April 1984 52.236-2 Differing Site Conditions April 1984 52.236-3 Site Investigation and Conditions Affecting the Work April 1984

52.236-5 Material and Workmanship April 1984 52.236-6 Superintendence by the Contractor April 1984 52.236-7 Permits and Responsibilities November 1991

52.236-8 Other Contracts April 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13, Alt. 1 Accident Prevention w/Alternate 1 November 1991 52.236-14 Availability and Use of Utility Services April 1984 52.236-15 Schedules for Construction Contracts April 1984 52.236-16 Quantity Surveys April 1984 52.236-21 Specifications and Drawings for Construction February 1997

52.242-14 Suspension of Work April 1984

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to

(a) commence work under this contract within 14 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 240 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

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SECTION G: CONTRACT ADMINISTRATION DATA.

G.1 PROCUREMENT OFFICE REPRESENTATIVE

The Procurement Office Representatives for this requirement is:

Marsha Wagner, Contract Specialist National Park Service, Intermountain Region, Santa Fe MABO Lyndon B. Johnson NHP PO Box 329 Johnson City, Texas 78636

DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 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) actin g within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

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

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

(End of Clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS- INVOICE PROCESSING PLATFORM (IPP) (APR 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System

(IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a pro per 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:

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

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. An accounting (bulleted list, for example) of charges claimed and amounts due https://www.ipp.gov/

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4. Total amount due for the billing period

5. Certification of Progress Payment

6. Payrolls (Mail weekly)

7. Substantiation of Subcontractor Payment

8. 52.223-9 Certification with final payment request.

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

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

(End of Local Clause)

G.2 LOCAL INTERNET PAYMENT 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 Contracting Officer with the day and time you contacted the Payment Hotline.

(End of Local Clause)

G.3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DECEMBER 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award.

Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

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

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

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

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

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

mailto:ippgroup@bos.frb.org https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/

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

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

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

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

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

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

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

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

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

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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 prime working hours, 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 coordination with the Contracting Officer Representative) 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 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 EXTENT OF OBLIGATION

No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the amount that has been authorized through the issuance of a task order, change order or contract modification by the Contracting Officer. The funded amount is stated as the “Total.”

H.4 FEDERAL HOLIDAYS

The following Federal Legal Holidays are observed by the Denver Federal Center and National Operation Center:

New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas

H.5 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 effected 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.

(End of Clause)

H.6 WORK BY THE GOVERNMENT

The Government reserves the right to undertake performance by Government forces or other Contractors, the same type of similar work as contracted for herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

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PART II – CONTRACT CLAUSES

SECTION I: CONTRACT CLAUSES

I.1 CLAUSE INCORPORATED BY REFERENCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

http://acquisition.gov/far/index.html

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Interior Acquisition Regulation Supplement (DIARS) (48 CFR 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

Clause Title Date

52.202-1 Definitions November 2013

52.203-3 Gratuities April 1984

52.203-5 Covenant Against Contingent Fees April 1984

52.203-6 Restrictions on Subcontractor Sales to the Government September 2006

52.203-7 Anti-Kickback Procedures October 2010

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity January 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity January 1997

52.203-12 Limitation On Payments To Influence Certain Federal Transactions October 2010

52.203-16 Preventing Personal Conflicts of Interest December 2011

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

September 2013

52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements

January 2017

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

52.204-9 Personal Identity Verification of Contractor Personnel January 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards October 2018

52.204-13 System for Award Management Maintenance October 2018

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

August 2013

52.211-13 Time Extensions September 2000

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

52.219-8 Utilization of Small Business Concerns October 2018

52.219-14 Limitations on Subcontracting (Construction: At least 15%) November 2011

52.219-28 Post-Award Small Business Program Representations July 2013

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52.222-1 Notice To The Government Of Labor Disputes February 1997

52.222-3 Convict Labor June 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation July 2005

52.222-6 Construction Wage Rate Requirements May 2014

52.222-7 Withholding of Funds May 2014

52.222-8 Payrolls and Basic Records May 2014

52.222-9 Apprentices and Trainees July 2005

52.222-10 Compliance with Copeland Act Requirements February 1988

52.222-11 Subcontracts (Labor Standards) May 2014

52.222-12 Contract Termination-Debarment May 2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards February 1988

52.222-15 Certification of Eligibility May 2014

52.222-21 Prohibition of Segregated Facilities February 1999

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

February 1999

52.222-26 Equal Opportunity March 2007

52.222-27 Affirmative Action Compliance Requirements for Construction February 1999

52.222-35 Equal Opportunity for Veterans September 2010

52.222-36 Affirmative Action For Workers with Disabilities October 2010

52.222-37 Employment Reports on Veterans September 2010

52.222-40 Notification of Employees Rights Under the National Labor Relations Act December 2010

52.222-50 Combating Trafficking in Persons January 2019

52.222-54 Employment Eligibility Verification August 2013

52.222-55 Minimum Wages Under Executive Order 13658 December 2014

52.222-62 Paid Sick Leave Under Executive Order 13658 December 2014

52.223-6 Drug Free Workplace May 2001

52.223-15 Energy Efficiency in Energy-Consuming Products December 2007

52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving August 2011

52.225-13 Restrictions on Certain Foreign Purchases June 2008

52.227-1 Authorization and Consent December 2007

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement December 2007

52.227-4 Patent Indemnity – Construction Contracts December 2007

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52.228-5 Insurance – Work on a Government Installation January 1997

52.228-11 Pledges of Assets January 2012

52.228-14 Irrevocable Letter of Credit November 2014

52.229-4 Federal, State And Local Taxes (State and Local Adjustments) February 2013

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

52.232-16, Alt I Progress Payments – Alternate I April 2012 March 2000

52.232-17 Interest May 2014

52.232-23 Assignment Of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts May 2014

52.232-33 Payment by Electronic Funds Transfer-- System for Award Management October 2018

52.232-39 Unenforceability of Unauthorized Obligations June 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors December 2013

52.233-1, Alt 1 Disputes, Alternate 1 May 2014 December 1991

52.233-3 Protest After Award August 1996

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

52.236-26 Preconstruction Conference February 1995

52.242-13 Bankruptcy July 1995

52.242-14 Suspension of Work April 1984

52.243-4 Changes June 2007

52.244-5 Competition in Subcontracting December 1996

52.244-6 Subcontracts for Commercial Items January 2019

52.248-3 Value Engineering-Construction October 2010

52.249-2, Alt 1 Termination for Convenience of the Government (Fixed-Price), Alternate 1 April 2012 September 1996

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

52.253-1 Computer Generated Forms January 1991

52.225-9 BUY AMERICAN ACT - CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

15 | P a g e

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

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(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

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Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of Clause)

DIAR 1452.203-70 RESTRICTIONS ON ENDORSEMENTS - DEPARTMENT OF THE INTERIOR (JUL 1996) The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined i n FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

(End of Clause)

DIAR 1452.204-70 RELEASE OF CLAIMS - DEPARTMENT OF THE INTERIOR (JUL 1996)

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

(End of Clause)

DIAR 1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR (APR 1984) For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215–1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.

(End of Clause)

DIAR 1452.228-70 LIABILITY INSURANCE - DEPARTMENT OF THE INTERIOR (JUL 1996)

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

Workers’ Compensation and Employer’s Liability - $100,000

General Liability - $500,000 Automobile Liability:

$300,000 per person $500,000 per occurrence for bodily injury $300,000 per occurrence property damage

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

18 | P a g e brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

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PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J: LIST OF ATTACHMENTS

The following are hereby incorporated:

J.1 LIST OF ATTACHMENTS

NO. ATTACHMENT TITLE AND DATE No. OF

PAGES

1 Scope of Work 21

2. Davis-Bacon Wage Determination for Cameron County (See J.2) 5

3. Park Location Map 3

4. Drawing 1

5. Form CM-16, Transmittal – National Park Service 2

6. Contractor Safety and Security Checklist 1

7. General References Form 2

J.2 WAGE DETERMINATION

Davis Bacon Wage Rates are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are included in this Section.

In the event the current prevailing Wage Determination is changed by the Department of Labor prior to the closing date of this solicitation, it is the offeror’s responsibility to insure the most recent determination is used in preparing the proposal. An amendment will not be issued prior to closing to change Wage Determination dates and/or numbers. Should the wage rate change after closing, but prior to award, the updated Wage Determination will be incorporated by amendment and issued to all offerors submitting a proposal. If applicable, these offerors/contractors will be given an opportunity to provide revised proposals solely to amend proposals due to Wage Determination changes. If the wage determination modification does not change any affected wage rates then the provisions of FAR 22.404-5(c)(4) will apply.

Applicable wage rates can be found at http://www.wdol.gov

(End of Clause) http://www.wdol.gov/

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PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K: REPRESENTATIONS, CERTIFCATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1 PROVISIONS INCORPORATED BY REFERENCE

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.http://farsite.hill.af.mil (End of Provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation as indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Department of Interior Acquisition Regulation Supplement (DIARS) (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

Clause Title Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

September 2007

52.203-18 Prohibition on Contracting with Entities that require Certain Internal Confidentiality Agreements – Representation

January 2017

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation December 2014

52.222-38 Compliance with Veterans’ Employment Reporting Requirements September 2010

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran—Representation and Certification

December 2012

52.236-28 Preparation of Proposals – Construction October 1997

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 238910.

(2) The small business size standard is $15.0M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

http://www.http//farsite.hill.af.mil

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[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except…

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