Sol_140P1324R0001_Amd_0001.pdf

(x)

140P1324R0001 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

PIS

Santa Fe NM 87505 P.O. Box 728 1100 Old Santa Fe Trail Building NPS, IMR - Santa Fe MABO

05/10/20240001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

05/10/2024

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of Amendment 0001 to RFQ 140P1324R0001 is to do the following:

A. Extend the due date for proposals from 6/24/24 to 7/1/2024.

B. Updated Terms and Conditions to FAC Number: 2024-05 Effective Date: 05/22/2024 (all

Changes have red text & are highlighted yellow for easy identification)

C. Provide answers to all Requests for Information received by 6/12/2024 at 1200 HRS CT.

D. Updated PMIS Number on Bid Sheet CLIN 0020 to 335087.

E. Updated PMIS Number on Bid Sheet CLIN 0030 to 325533.

F. Provide Site Visit Sign-in Sheets.

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Anale Young

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 57

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P1324R0001/0001

All other terms and conditions remain unchanged as a result of Amendment 0001 to RFQ

140P1324R0001.

Period of Performance: 07/22/2024 to 07/22/2025

POC:

CS: Brian Dankmeyer, brian_dankmeyer@nps.gov

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

Sponsored by GSA

FAR (48 CFR) 53.110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140P1324R0001

PAGE OF

3 | 57

PART I - THE SCHEDULE

SECTION B – BID SCHEDULE

National Park Service (NPS) – Intermountain Region (IMR) Padre Island National Seashore (PAIS) – Rehabilitate Park Headquarters Building

20301 Park Road 22, Corpus Christi, TX 78418

***This is currently an unfunded requirement with a high expectation that funds will be available. When and if funds become available a contract will be awarded at that time.***

See Attachment 3 Bid Schedule – The offeror shall complete the bid schedule with no omissions and submit it as firm fixed-pricing with their offer valid for a minimum of 90-Days. Contract modifications and price adjustments shall not be granted based on conditions that could be determined prior to award.

FAR 36.204 Disclosure of the magnitude of construction projects

The magnitude is: Between $1,000,000 and $5,000,000

SECTION C – SPECIFICATIONS/DRAWINGS

Padre Island National Seashore Rehabilitate Park Headquarters Building

3/28/2024

1.0 GENERAL

Padre Island National Seashore, in Corpus Christi, TX seeks an experienced contractor that has a ready staff with skills, knowledge, ability, in all phases of building rehabilitation. This project seeks to rehabilitate the park’s barrier island headquarters building, and maintain the historic landscape, to which the building is a key part. Up until 2018, the one-story Type V building ~4,700 SF in area with a raised wood pier foundation with a total height of ~18’-4”, served as offices for the Superintendent and other administrative staff. The structure was closed in 2018 due to unhealthy conditions such as mold growth, and moisture infiltration.

This project shall rehabilitate, remediate, and correct all the issues that led to its closure via complete replacement of the buildings envelope, which is expected to include interior construction, systems, reinforcement of the remaining structural framing, and foundation piers.

It is strongly recommended that the contractor’s visit and inspect the site and structures to see for themselves the existing conditions and to observe the complexities that may be experienced during work performance. The Government will issue an amendment to the solicitation when the site visit date, time, and location are finalized.

For this requirement safety, knowledge of all phases of building rehabilitation, care, consultation, communication, and teamwork are critical. Please quote accordingly.

2.0 PURPOSE

The purpose of this project is to rehabilitate the park headquarters building in accordance with the Project Manual /Specifications and Drawings so that park staff may safely regain occupancy of the structure to carry out normal day-to-day park operations.

https://www.nps.gov/pais/index.htm

140P1324R0001

4 | 57

3.0 LOCATION

Padre Island National Seashore 20301 Park Road 22 Corpus Christi, TX 78418

4.0 TASKS/WORK

The contractor shall:

4.1 Perform all work in accordance with the terms and conditions, Drawings, and Project Manual/Specifications attached to this solicitation and resulting award.

5.0 Product Requirements:

The contractor shall:

5.1 Use all products in accordance with the terms and conditions, drawings, and project manual/specifications attached to this solicitation and resulting award.

6.0 Additional Contractor Requirements:

The contractor SHALL furnish and/or provide:

6.1 Sufficient manpower, all equipment, and materials to complete all work in accordance with the terms and conditions, drawings, and specifications attached to this solicitation and resulting award.

6.2 Staff recognizable as employees of the contractor. Distinctive clothing shall be worn that is uniform in appearance and include long pants, shirts, hats, and seasonal outerwear, which that bears the name and logo of the company and the name of the employee.

6.3 Provide all Submittals and implement them after approved by the COR in accordance with the matrix below and the attachment labeled “Submittal List.” A CM-16 Submittal Form shall be used as a cover sheet for every submittal and will be provided by the Government to the contractor after award.

Multiple submittals may be listed on a single CM-16 submittal form. Mockups and or physical samples shall be submitted to the COR for review and approval. Mockups, when approved, will establish the quality of work standard for continued work. The Required contracted submittals and their due dates include (quote accordingly):

Document Description No. of Pages Due 1 Performance (SF-25) & Payment Bonds (SF-25-A) N/A 10 Days After Award 2 Certificate of Insurance N/A 10 Days After Award 3 SF-1413s (one for each subcontractor) N/A 10 Days After Award

Product Data/Mock-Ups, Certification/Qualification Data, Construction Test & Reports per Project Manual/Specifications and Drawings (longest lead time items 1st)

N/A 14 Days After Award & Ongoing

5 Safety Plan N/A 14 Days After Award 6 Waste Management/Hazardous Material Disposal Plan N/A 14 Days After Award 7 Quality Control Plan N/A 14 Days After Award 8 Construction Schedule – Gantt Chart Format N/A 28 Days After Award 9 Schedule of Values N/A 28 Days After Award

140P1324R0001

5 | 57

*The Government may seek considerations for any documents that are not submitted within the specified contracted due dates as outlined above.

6.4 All materials/products shall have a standard manufactures warranty whereas labor, and craftsmanship shall carry a minimum 1-year written warranty from the date of final acceptance or as outlined in a letter of substantial completion.

6.5 Construction Waste and Hazardous waste (lead) must be re-claimed/captured for recycling by the contractor. Manifests of all disposed waste shall be submitted to the COR and CO prior to final invoice.

Lead waste on the ground or in water is not permitted. All refuse, excess or waste materials resulting from construction operations shall become the property of the contractor (excluding native vegetative and soil debris) and shall be recycled and/or disposed of. All disposals shall be in accordance with federal, state, and local laws and regulations. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.

7.0 The Contractor shall be responsible for:

7.1 Compliance with all federal, state, local, environmental laws, regulations, and policies regarding hazardous materials specifically any chemicals the contractor uses in the performance of work on this contract and handling of lead paint removal and waste.

7.2 Contractor Employee Conduct: The contractor’s employees shall, always, while on the job site, whether on or off duty, conduct themselves in a professional, orderly, and safe manner. Rudeness, fighting, being under the influence of alcohol and/or drugs or bringing and/or consuming alcohol and/or drugs, gambling, soliciting, stealing, and any immoral or otherwise undesirable conduct shall not be permitted on the job site. Any employee engaging in such conduct shall immediately and permanent be removal from the job site.

7.2.1 All contract employees shall display professionalism in all interactions with one another, the public and Government employees. The Contracting Officer may require the contractor to remove any employee working under this requirement for reasons of misconduct and security, or if found to be (or suspected to be) under the influence of alcohol, drugs, or other incapacitating agent(s).

7.2.2 A contractor’s employee shall be subject to removal from the premises upon determination by the Contracting Officer that such action is in the best interests of the Government. Such removal from the job site or dismissal from the premises shall not relieve the contractor of the requirement to provide sufficient personnel to perform the service as specified.

7.2.3 All areas used by the contractor within park boundaries shall be kept neat and organized. All equipment must be properly maintained and secured at the end of each day. The contractor shall not leave any tools, parts and/or supplies unattended at any time while performing work operations.

7.2.4 Contractor employees shall not loiter in any working or patron area. Upon completion of their

10 Certified Payroll on WH-347 correctly filled out N/A Every Week 11 Hazardous Material Disposal, Recycling, and Waste Manifests N/A Prior to Final Invoice

12 Construction Documents Per Project Manual/Specifications and Drawings N/A Prior to Final Invoice

13 Release of Claims DI-137 N/A With Final Invoice 14 Warranty Letter - Minimum 1-Year N/A With Final Invoice https://www.dol.gov/agencies/whd/forms/wh347

140P1324R0001

6 | 57 assigned work, employees shall promptly depart from the public areas.

7.2.5 Photographs, social media posts, online content, or any form of communication is strictly prohibited regarding all aspects of this requirement unless authorized in writing by the COR.

7.3 Any refuse generated daily by the contractor must be secured and disposed of properly outside of park boundaries in accordance with federal, state, and local laws each day.

7.4 Confining work, the storage of materials and equipment, the parking of vehicles, and all other operations in connection with this contract to the specified hours and work areas approved by the COR. All damage resulting from such operations shall be repaired to its original condition to the satisfaction of the COR at no additional cost to the Government.

7.5 For all damages and liability for any loss or damage to Government property caused by contractor’s operations, the contractor shall assume full responsibility for any and all damages or claims for damage resulting from injury to persons, property, or equipment, which might result from any work performed under this contract.

7.6 Ensuring that proper safety and health precautions are in place to protect the work, the workers, the public, and the property of others at all times in performance of this contract.

7.7 For the repair or replacement of all damaged Government property caused by their operations at no additional cost to the Government.

7.8 In instances where the contractor finds pre-existing conditions or damage to park resources that may reflect upon the quality of the work or cause undue liability, the contractor shall not start work until the contractor and COR have agreed on the responsibility for these pre-existing conditions.

7.9 All losses and/or damages shall be reported to the COR, within two (2) hours of any loss and/or damage being determined and before leaving the area loss occurred. Contractor shall provide written documentation of the loss and/or damage to the CO and COR within 24 hours of occurrence. The documentation must include at least:

1. Time and Date of occurrence;

2. Type of Loss or Damage;

3. Name (s) and Contact Numbers of People involved;

4. Impact to park operation and/or assets effected by incident;

5. Any details leading up to and after the incident.

i. For all identified losses and/or damages

ii. The contractor shall take any and all immediate actions necessary to prevent further damage.

iii. The contractor is responsible for all costs associated with reported damages and/or losses to persons or property that occur as a result of the contractor’s negligence.

iv. The Government, at its sole direction, may elect to repair and/or replace the damaged property, and deduct such costs from monies due the contractor.

8.0 MATERIAL & EQUIPMENT TRANSPORTATION, HANDLING AND STORAGE

8.1 Contactor shall have a representative on site to receive material deliveries, and the contractor shall remain responsible for all material deliveries whether their representative is on site at the time of delivery or not.

140P1324R0001

7 | 57

8.2 Government-owned equipment is not available for contractor’s use to accomplish any work, and Government buildings and other facilities are not available for storage of contractor’s materials, equipment, and tools.

8.3 Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. Protect liquids from freezing.

8.4 Promptly remove from the project site any materials or equipment that are damaged, unsafe, or are otherwise unsuitable.

9.0 SAFETY

9.1 All contractor operations shall be conducted in accordance with all local, state, and national fire and safety codes, laws, rules, regulations, OSHA, NPS, MUTCD and ANSI safety requirements. All contractors shall provide to their employees and all their employees shall wear OSHA, MUTCD and ANSI required personal protective equipment (PPE).

9.2 All equipment/tools shall only be used within the limits of the manufacture’s recommendations.

9.4 All tools/machinery/equipment shall be safeguarded from the public. Tools/machinery/equipment shall not be left unattended. All tools/equipment shall not be allowed to lie around except in the immediate work area. Any tools not in immediate use shall be staged or stowed in such manner so as not to create a hazard.

9.5 Maintain walkways, driveways, roads, parking, and project site so that it is free of all construction debris, equipment, and materials on a daily basis. Maintain site free of hazards at all times. Safety equipment, fencing and barriers shall be installed per safety plan. Erosion control and sedimentation structures shall be constructed in according with EPA standards as needed.

9.6 The contractor shall report emergency situations, such as accidents involving property and/or personal injury or other unforeseen circumstances and shall follow required emergency reporting procedures according to their COR approved Safety Plan. In the event of an emergency the contractor shall dial 911.

All other instance the contractor shall dial contact the COR and CO with 24 hours of the incident.

9.7 The Contractor shall provide a comprehensive site-specific safety plan that must be approved by the COR before any work onsite begins. An onsite qualified Safety Representative shall be identified in the plan, which must include that individual’s contact information.

9.9 The contractor shall remain in compliance with Reference Manual 50B (RM-50B).

10.0 HAZARDOUS MATERIALS

In accordance with the attached Project Manual/Specifications and Drawings, the contractor shall assume lead is present. Any other material suspected of being hazardous that are encountered during performance of a project shall immediately be brought to the attention of the COR and CO.

11.0 HAZARDOUS MATERIAL IDENTIFICATION

Submit Safety Data Sheet (SDS)’s as required per 29 CFR 1910.1200 as amended. The contractor must provide one digital copy of each SDS for applicable hazardous chemicals used and/or provided in performance of any work under this contract.

https://www.nps.gov/subjects/policy/rm-50b.htm

140P1324R0001

8 | 57

12.0 BIOBASED AND SUSTAINABLE PRODUCTS

The contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products outlined in the Department of Agriculture Biobased Program https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

13.0 FIRE CONTROL

Contractor's Responsibility for Contractor-Caused Fires. The contractor, whether or not directed by the NPS, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by contractor's employees, whether set directly or indirectly as a result of contractor operations.

The contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the contractor's employees or resulting from contract operations.

13.1 Storage of petroleum and other highly flammable products. Gasoline, oil, and grease, and other highly flammable products must be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the NPS when unusually hazardous conditions exist.

13.2 Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

14.0 TEMPORARY FACILITIES

14.1 STAGING AREA: Refer to the Program Manual/Specifications and Drawings

14.2 SANITARY FACILITIES: Public toilet facilities are not available therefor offerors shall provide adequate facilities to meet the needs of their staff.

14.3 WATER, AND ELECTRICITY: The Government may provide water at preapproved locations upon request. Water pick-up location will be determined by the COR. The contractor may use electrical access points on site if any. Should water and electricity not be readily available, the contractor shall provide these services as needed to perform the required work.

14.4 TELEPHONE: The Contractor may elect to hook-up commercial phone services using the local telephone service provider, at no cost to the Government. Cell phone reception or wireless access may or may not be available at the construction site.

https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

140P1324R0001

9 | 57

15.0 LANDSCAPE PRESERVATION

15.1 The contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material that falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

15.2 Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of any waterways.

15.3 Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near any waterways or into natural or manmade channels leading thereto. Wash water or wastewater from concrete or aggregate operations shall not be allowed to enter any waterways prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

15.4 Temporary Erosion and Sedimentation Control: Provide effective erosion control measures to prevent soil erosion and discharge of soil-bearing water runoff at the earliest feasible stage of construction. Regularly inspect and maintain the measures in effective working order. Promptly stop work in area(s) of any ineffective erosion control measures.

15.5 Damage: Protect adjacent vegetation, property, structures, and improvements from damage.

15.6 Hazardous Materials: Perform any hazardous materials work in strict accordance with all governing hazardous materials regulations. Workers shall be knowledgeable and well trained in the handling of project-specific hazardous materials.

15.7 Spill Control: Provide effective Spill Containment Plan at the earliest feasible stage of construction.

Regularly inspect and maintain the measures in effective working order.

16.0 PRESERVATION OF HISTORICAL/ARCHEOLOGICAL/CULTURAL RESOURCES

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

16.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, cultural, or archeological data the contractor must notify the CO and COR in writing within 24 hours of first discovery. The notification must indicate time of discovery, the nature of the findings and location.

16.3 Immediately stop work if paleontological, archaeological, or historical remains (including burials or skeletal material) are encountered, until work is permitted to resume by written order from the CO. the contractor must notify the CO and COR in writing within 24 hours of first discovery. The notification must indicate time of discovery, the nature of the findings and location. The CO and/or COR will notify the Regional Archaeologist, so the provisions of 36 CFR 800.7 (Resources Discovered During Construction) and other relevant laws are followed. Work in other areas may proceed as approved by the

CO.

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

140P1324R0001

10 | 57

16.5 The Contractor must insert this requirement in all subcontracts, which involve the performance of work on the terrain of the site.

17.0 EXISTING UTILITIES

The contractor shall locate, and field verify all utilities before digging or trenching. This shall include but not be limited to the use of sonic, electronic, or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services, and by test pitting at no additional cost to the Government. The contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

18.0 DAMAGES

The Contractor shall assume all risks of injury to persons or property in connection with the performance of work under this contract shall indemnify and save harmless the Government against all claims, causes of action, cost, and expense, because of bodily injuries, death, or damages to property arising from all work activities or acts of vandalism IAW the terms and conditions of the solicitation and resulting contract.

If due to fault, neglect, dishonesty of the contractor, their agency or employees, loss or damage to Government property is incurred during the performance of this work, the contractor shall be responsible for the same. The Government, at its option, in lieu of repayment, may require the contractor to replace at their own expense, all property as directed by the Contracting Officer at no cost to the Government.

19.0 GOVERNMENT PROVIDED INFORMATION AND SERVICES

9.1 For this requirement, the Government will provide the following:

9.1.1 Project Manual/Specifications

9.1.2 Drawings

9.1.3 Wage Determinations

20.0 CONSTRUCTION COMPLEATION DATE

The Construction Completion Date is 365-Calendar Days After Notice to Proceed - The Completion Date is not negotiable for this requirement, price accordingly. If the contractor fails to deliver the project at 100% completion 365-claendar days after the Notice to Proceed, it shall be considered late.

The contractor shall mobilize and begin work onsite no later than 30-calendar days after award or it shall be considered contractor delay/non-responsive, and the Government may seek considerations.

21.0 HOURS OF OPERATION

Refer to the Project Manual/Specifications.

22.0 ADDITIONAL APPLICABLE REGULATIONS AND POLICIES

Refer to the Project Manual/Specifications and Drawings.

23.0 DEFINITIONS

Refer to the Project Manual/Specifications and Drawings.

140P1324R0001

11 | 57

24.0 PERSONAL SERVICE

The Government has determined that use of an Agreement to satisfy this requirement is in the best interest of the government, economic and other factors considered, and this Contract is not being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR) Part 37.104 titled “Personal Services Contract”.

To counter the circumstances that infer personal services and to preserve the non-personal nature of the Agreement, the contractor shall adhere to the following guidelines in the performance of the Contract:

• Contractor provides for direct supervision of all contract employees assigned to the task.

• Refrain from discussing the issues such as skill levels and hours, salaries, cost and funding data, or administrative and personnel matters affecting contractor employees with the client.

• Ensure close communication/coordination with the CO and COR/POC, reporting problems to the

COR/POC and CO as they occur.

• Do not permit Government officials to interview potential contractor employees, discuss individual performance, approve leave, or work scheduling of contractor employees, terminate contractor employees, assist contractor employees in doing their jobs or obtain assistance from the contractor in doing Government job.

• Do not assign contractor personnel to work under direct Government supervision.

• Maintain a professional distance from Government employees.

• Provide contractor employees with badges, if appropriate, identifying them as contractors.

• Ensure proper communications with the Government (technical discussion and government surveillance is okay, but the Government cannot tell the contractor how to do the job).

• The Government has the right to reject the finished product or result and this does not constitute personal services.

25.0 INVOICING SUBMITTAL PROCEDURES

Refer to G.5 Local Clause Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (February 2021)

26.0 SUBMITTALS

Refer to Submittals in the Project Manual/Specifications, Drawings, and Section 6.3.

27.0 ATTACHMENTS

Refer to Section J

SECTION D—PACKAGING AND MARKING

{For this Contract, there are NO clauses in this Section}

140P1324R0001

12 | 57

SECTION E—INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction. AUG 1996

SECTION F—DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.236-15 Schedules for Construction Contracts APR 1984 52.242-14 Suspension of Work APR 1984

FAR Full Text Clauses

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

ALTERNATE I (APR 1984)

The Contractor shall be required to:

(a) Commence work under this contract within 30-calendar days after the date the Contractor receives the notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 365-calendar days from Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the successful offeror will receive the notice to proceed 30-calendar days after award.

The completion date will be extended by the number of calendar days after the above date that the contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause)

FAR 52.211-12 Liquidated Damages-Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $950.00 for each calendar day of delay until the work is completed or accepted.

https://www.acquisition.gov/

140P1324R0001

13 | 57

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 POST AWARD CONFERENCE

Prior to commencement of work, the CO, CS or COR and/or POC will arrange a meeting with the contractor to discuss the contract terms and work performance requirements. A refined work progress schedule will be proposed by the contractor at this meeting complete with a schedule of values. It will be scheduled as soon as possible after the date of the contract award. It is anticipated that this meeting will take place within 30-calendar days after contract award. All dates and locations of the conference will be mutually agreed upon and may be held via Microsoft Teams, onsite, or a combination of both.

G.2 GOVERNMENT FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

Item No. Property Description Qty Location Date Available or Completion Date

1 NONE

G.3 DESIGNATION OF CONTRACTING OFFICERS REPRESENTATIVE (COR) AND/OR POINT-OF-

CONTACT (POC)

The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award of the contract in accordance with DIAR 1452.201-70 Authorities and Delegations (SEP 2011). The responsibilities, authorities, and limitations will be contained in the COR Appointment Memo, which will also be provide to the prime contractor. The COR will handle the day-to-day operations and approvals of most contractor submittals. Anything that may change the value of or time on the contract is exclusively reserved for the Contract Officer, therefor contractors shall only provide pricing to the Contracting Officer / Contract Specialist ONLY. Contractors shall not provide quotes for anything related the work under this contract to the COR or park staff.

G.4 ADMINISTRATIVE CONTRACTING OFFICE

Contract Operations Central (ConOps Central) Santa Fe MABO P.O. Box 728 Santa Fe, NM 87504-0728

G.5 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (February 2021)

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

140P1324R0001

14 | 57

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:

• Refer to the Project Manual/Specifications and Drawings

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

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

(End of Local Clause)

G.7 BIOBASED REPORTING REQUIREMENTS

Pursuant to a legislative mandate in the 2008 Farm Bill, prime contractors are required to report the category of product, type of product, and dollar value of all USDA designated biobased products that were purchased in the performance of federal contracts. Federal contractors are required to report annual biobased product purchases made under their service and construction contracts. Based on the Federal Acquisition Regulation (FAR) Clause 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, reporting of biobased product purchases is completed through a portal in the System for Award Management (SAM) at SAM.gov | Home.

If a contract contains FAR Clause 52.223-2, the contractor must report all biobased purchases through SAM.

The Reporting Requirement(s):

• The reporting requirement became effective September 3, 2013;

• It applies to services and construction contractors where contracts have a FAR Clause 52.223-2 Affirmative

Procurement of Biobased Products under Service and Construction Contracts, requiring the reporting of biobased product purchases;

• Contractors must report their purchases of biobased products to a reporting portal within SAM;

• Contractors must report the category, product type and dollar value of any USDA designated biobased products purchased by the Contractor; and

• Reporting must be completed by October 31st for the previous entire fiscal year (October 1 - September 30).

To Meet the Requirement(s) Contractors must:

• Access SAM.gov | Home;

• Complete the required information within the portal and provide documentation to the Contracting Officer;

• If the applicable contract is not accessible in SAM, the contractor should contact their Contracting Officer.

Actions that may be taken to Meet Reporting Requirement(s) by Contracting Officer:

• Require a copy of the reporting data from the Contractor as required in FAR Clause 52.223-2;

• Remind the contractor, as necessary, of the requirement to report BioPreferred product types and dollar value, if any, into SAM at http://www.sam.gov. This includes any BioPreferred products used in performing contract-related services or in delivering contract-related products;

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov https://sam.gov/content/home https://sam.gov/content/home http://www.sam.gov/

140P1324R0001

15 | 57

• Cure Notice may be issued by Contracting Officer as required by termination clauses.

• Upon failure to correct deficiency issued through Cure Notice contract may be terminated for Cause (FAR

52.212-4) of Terminated for Default under FAR Part 49.

G.8 NOTIFICATION OF SUBCONTRACTING

The contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work as prescribe in the SOW, Drawings, and Specification. The written notification shall be provided on an Standard Form 1413, received a minimum of 10-calendar days after award, and must include as a minimum:

A. Prime Contract Number and Subcontract Number (if applicable) B. The name and address of the Prime Contractor.

C. The name and address of the subcontractor.

D. The date upon which the subcontract was entered into and its duration.

E. A detailed description of the work being subcontracted.

F. Project Name and Location of Work.

G. Identify the names of any intermediate subcontractors (if applicable) H. Must be signed by both Prime Contractor and Subcontractor

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract, including any included through contract modification, if applicable.

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

SPECIAL CLAUSE 1: Special Option Clause

The Government may or may not require the delivery of the numbered line item(s), identified in the schedule as an option item, in the quantity and at the price stated in the Schedule. If funds are available at the time of award, the Government may exercise the option and include it in the base contract at the price stated in the schedule. If funds are not available at the time of award, the Contracting Officer may exercise the option by written notice to the Contractor within ninety-calendar days after award. Delivery of added item(s) shall continue at the same rate that like items are called for under the contract unless the parties otherwise agree.

(End of clause)

SPECIAL CLAUSE 2: KEY PERSONNEL

a) The prime contractor shall assign with their proposal and any resulting award the following key personnel: Prime Contractor Designated Project Manager, Designated Project Superintendent, Designated Contractor’s Construction Quality Control Officer, and Designated Contractor’s Commissioning Representative.

b) During the first 30 days of performance, the contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 30-day period, the contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 7 calendar days prior to making any permanent substitutions.

https://www.gsa.gov/system/files/SF1413-13g.pdf

140P1324R0001

16 | 57

c) The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the contractor within 7 calendar days after receipt of all required information of the decision on substitutions.

(End of clause)

SPECIAL CLAUSE 3: RESTRICTIONS AGAINST DISCLOSURE

a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the contractor determines or has reason to suspect a breach of this requirement.

b) The contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of Clause)

SPECIAL CLAUSE 4 - INDEMNIFICATION

The contractor is an 'independent contractor' and shall obtain all necessary insurance to protect themselves from liability arising out of this contract. The contractor hereby agrees to indemnify and hold the Government harmless in connection with, any loss or liability from damage to or destruction of property or from injuries to or death of persons (including the agents and employees of both parties) if such damage, destruction, injury or death arises out of, or is caused by performance of work under this contract, unless such damage, destruction, injury or death is caused solely by the negligence of the Government, its agents or employees. The contractor agrees to include this clause, appropriately modified, in all subcontracts to be performed under this contract.

(End of Clause)

PROHIBITION OF ALL TERRAIN VEHICLES (ATVS) - NPS REGIONS 6, 7, AND 8

The contractor is prohibited from utilizing All-Terrain Vehicles (ATV)s on National Park Service lands. ATV is defined as: A motorized off-highway vehicle (OHV) traveling on four or more low-pressure tires, having a seat to be straddled by the operator and a handlebar for steering control.

Use of Utility Terrain Vehicles (UTVs) are permitted. UTV (also called a side-by-side) is defined as: A motorized OHV having four or more low pressure tires, designed with side-by-side seats, seatbelts, steering wheel, and optional cab, brush cage, or ROPS.

(End of Clause)

140P1324R0001

17 | 57

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees. MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. JUN 2020 52.203-7 Anti-Kickback Procedures. JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper MAY 2014

Activity 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 NOV 2023

Employees of Whistleblower Rights 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or JAN 2017

Statements 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representation and Certifications DEC 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or DEC 2023

Provided by Kaspersky Lab and Other Covered Entities 52.204-25 Prohibition on Contracting for Certain Telecommunication and Video NOV 2021

Surveillance Services or Equipment 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government Interest When Subcontracting with Contractors NOV 2021

Debarred, Suspended, or Proposed for Debarment 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 52.211-13 Time Extensions SEP 2000 52.215-2 Audit and Records – Negotiation JUN 2020 52.215-8 Order of Precedence—Uniform Contract Format OCT 1997 52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-28 Post-Award Small Business Program Representation FEB 2024 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation MAY 2018 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005

140P1324R0001

18 | 57

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 MAY 2014

Regulations 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 on 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 52.223-2 Affirmative Procurement of Biobased Products Under Service and SEP 2013

Construction Contracts 52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021

Alternate I JUL 1995 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 2024 52.223-6…