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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
0040452150
NPS, IMR - Arizona MABO
1824 S Thompson St, Ste 200
Flagstaff AZ 86001-2694
PIA
National Park Service
Intermountain Region Arizona Major Acquisition Buying Office Krystal Bourlier/ krystal_bourlier@nps.gov
Krystal Bourlier 5207335181
1x 07/26/2019
140P1519R0038
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Repair Roads and Culverts at Katahdin Woods and Waters National Monument (KAWW), Penobscot County, Maine. The work shall be performed in accordance with the attached
Statement of Work (SOW) referenced at Section J.
Total Small Business Set-Aside
Questions regarding the solicitation are due by August 2, 2019 at 17:00 PM EST to
Krystal Bourlier at krystal_bourlier@nps.gov. Proposal submissions must be emailed to Krystal Bourlier at krystal_bourlier@nps.gov.
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 36 calendar days and complete it within ________________ ________________ calendar days after receiving
FAR 52.211-10
08/07/2019
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
DOI, NPS, IMR - Arizona MABO 1824 S Thompson St, Ste 200
Flagstaff AZ 86001-2694
PIA
Krystal Bourlier
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 29
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P1519R0038
Legacy Doc #: NPS
Delivery: 10/01/2019
Delivery Location Code: 0008351322
NPS, NER, Market Street
1234 Market Street, 20th Floor
Philadelphia PA 19107 US
Period of Performance: 08/16/2019 to 10/01/2019
00010 Repair Roads and Culverts
To be provided in accordance with the attached
Statement of Work (SOW) referenced at Section J.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Document No.
140P1519R0038
Project Title Repair Roads and Culverts Page 4 of 29
The National Park Service intends to award a Firm-Fixed-Price (FFP) contract for the repair of roads and culverts at Katahdin Woods and Water National Monument (KAWW), Penobscot County, Maine. This is a solicitation for construction prepared in accordance FAR Parts 13 & 36 and DIAR Part 1436.
This announcement constitutes the only solicitation. This solicitation is issued as a Request for Proposal (RFP). The solicitation document incorporates provisions and clauses that are currently in effect through Federal Acquisition Circular 2019-03. This procurement is a 100% Small Business set aside. The North American Industrial Classification Code (NAICS) is 237310 Highway, Street, and Bridge Construction with a small business size standard of $36.5 million.
This contract will be FFP and awarded to the lowest priced offeror that meets all the specification and requirements outlined in the statement of work and related solicitation documents.
Magnitude of Construction Projects: Total costs for all design and construction services are estimated to be:
Sections K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.
PART I – THE SCHEDULE
SECTION A – SOLICITATION/CONTRACT FORM
Solicitation, Offer, and Award (SF-1442) - pages 1- 3 of this package.
SECTION B – CONTRACT PRICE SCHEDULE
The Contractor shall enter bid pricing directly on Page 3 of the SF 1442 Form at Item No. 0010, blocks C, D, E and F.
The Contractor shall ensure a total lump sum bid price is provided.
SECTION C – SPECIFICATIONS/DRAWINGS
The Contractor shall furnish the necessary labor, materials, equipment, construction expertise, and supervision as necessary to successfully complete the work in whole as outlined in the Statement of Work (SOW) and all other attachments referenced in Section J.
SECTION D – PACKAGING AND MARKING
SECTION NOT USED
SECTION E – INSPECTION AND ACCEPTANCE
52.246-12 – Inspection of Construction (APR 1996)
SECTION F – DELIVERIES OR PERFORMANCE
52.211-10 – Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 36 days after issuance of the notice to proceed. The time stated for completion shall include final cleanup of the premises.
X Less than $25,000
Between $25,000 and $100,000
Between $100,000 and $250,000
Repair Roads and Culverts Page 5 of 29
(End of clause)
52.242-14 – Suspension of Work (APR 1984)
SECTION G – CONTRACT ADMINISTRATION DATA
Contracting Officer: Krystal Bourlier Phone: (520) 733-5181 Email: krystal_bourlier@nps.gov
INVOICE SUBMISSION
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS- INVOICE PROCESSING
PLATFORM (IPP) - DIAPR 2011-04 (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: Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone
(866) 973-3131. 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.
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)
1452.201-70 - AUTHORITIES AND DELEGATIONS (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.
The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
1. Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
mailto:krystal_bourlier@nps.gov https://www.ipp.gov/ mailto:ippgroup@bos.frb.org
Repair Roads and Culverts Page 6 of 29
2. Waive or agree to modification of the delivery schedule;
3. Make any final decision on any contract matter subject to the Disputes Clause;
4. Terminate, for any reason, the Contractor's right to proceed;
5. Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph 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)
1452.204-70 - RELEASE OF CLAIMS (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)
SECTION H – SPECIAL CONTRACT REQUIREMENTS
CONSTRUCTION WAGE RATE REQUIREMENTS
The U.S. Department of Labor Wage Determination is incorporated into this document as an attachment in Section J, with the full force and effect as inclusion into this document. Any subsequent revisions or updates issued by the U.S Department of Labor will supersede the most recent version of the wage determination.
IMR 2009-01 - PROHIBITION OF ALL TERRAIN VEHICLES (ATV) – INTERMOUNTAIN REGION
(JUN 2009)
The contractor is prohibited from utilizing All-Terrain Vehicles (ATVs) 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.
(End of Local Clause)
LIABILITY INSURANCE REQUIREMENTS
(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:
Employer's liability $100,000 General liability $500,000
Construction Per person $100,000 Per occurrence $500,000 Property damage $1,000,000
Repair Roads and Culverts Page 7 of 29
Automobile liability Per person $200,000 Per occurrence for bodily injury $500,000 (other than passenger liability) Per occurrence for property damage $20,000
If this is a construction contract, the Contractor shall maintain compensation insurance, for employees engaged in the work, complying with the workmen's compensation laws of the State in which the work is to be performed and shall maintain liability insurance protecting the Contractor from claims because of bodily injury (including death) and property damage arising under this Contract.
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The Contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.
PART II –CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
1452.203-70 - Restrictions on Endorsements (JUL 1996) The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.
(End of clause)
1452.236-70 - Prohibition Against Use of Lead-based Paint (JUL 1996) Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.
(End of clause)
52.202-1– Definitions (NOV 2013) 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-9 – Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) 52.204-12 – Unique Entity Identifier Maintenance (OCT 2016) 52.204-13 – System for Award Management Maintenance (OCT 2018) 52.204-18 – Commercial and Government Entity Code Maintenance (JUL 2016)
52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)
(a) Definitions. As used in this clause-- “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Repair Roads and Culverts Page 8 of 29
“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
“Safeguarding” means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.209-6 – Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations (NOV 2015) 52.219-1 – Small Business Program Representations (OCT 2014) 52.219-6 – Notice of Total Small Business Set-Aside (NOV 2011) (DEVIATION 2009-01) 52.219-28 – Post-Award Small Business Program Representation (JUL 2013) 52.222-3 – Convict Labor (JUN 2003) 52.222-5 – Construction Wage Rate Requirements—Secondary Site of the Work (MAY 2014) 52.222-6 – Construction Wage Rate Requirements (AUG 2018) 52.222-7 – Withholding of Funds (MAY 2014) 52.222-8 – Payrolls and Basic Records (AUG 2018) 52.222-9 – Apprentices and Trainees (JUL 2005) 52.222-10 – Compliance with Copeland Act Requirements (FEB 1988)
Repair Roads and Culverts Page 9 of 29
52.222-11 – Subcontracts (Labor Standards) (MAY 2014) 52.222-12 – Contract Termination - Debarment (MAY 2014) 52.222-13 – Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) 52.222-14 – Disputes Concerning Labor Standards (FEB 1988) 52.222-15 – Certification of Eligibility (MAY 2014) 52.222-21 – Prohibition of Segregated Facilities (APR 2015) 52.222-26 – Equal Opportunity (SEP 2016) 52.222-27 – Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-29 – Notification of Visa Denial (APR 2015) 52.222-34 – Project Labor Agreement (MAY 2010) 52.222-50 – Combating Trafficking in Persons (JAN 2019) 52.222-55 – Minimum Wages under Executive Order 13658 (DEC 2015) 52.222-62 – Paid Sick Leave under Executive Order 13706 (JAN 2017) 52.223-5 – Pollution Prevention and Right-to-Know Information, ALT II (MAY 2011) 52.223-6 – Drug-Free Workplace (MAY 2001) 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.224-1 – Privacy Act Notification (APR 1984) 52.224-2 – Privacy Act (APR 1984) 52.224-3 – Privacy Training (JAN 2017) 52.225-13 – Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 – Patent Indemnity — Construction Contracts (DEC 2007) 52.227-23 – Rights to Proposal Data (Technical) (JUN 1987) 52.228-2 – Additional Bond Security (OCT 1997) 52.228-5 – Insurance – Work on a Government Installation (JAN 1997) 52.228-12 – Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-13 – Alternative Payment Protections (JUL 2000) 52.232-5 – Payments under Fixed — Price Construction Contracts (MAY 2014) 52.232-16 – Progress Payments—Alternate I (MAR 2000) 52.232-23 – Assignment of Claims (MAY 2014) 52.232-27 – Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 – Payment by Electronic Funds Transfer-- System for Award Management (OCT 2018) 52.232-39 – Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 – Disputes (MAY 2014) 52.233-3 – Protest after Award (AUG 1996) 52.233-4 – Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-1 – Performance of Work by the Contractor (APR 1984) 52.236-2 – Differing Site Conditions (APR 1984) 52.236-3 – Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 – Material and Workmanship (APR 1984) 52.236-6 – Superintendence by the Contractor (APR 1984) 52.236-7 – Permits and Responsibilities (NOV 1991) 52.236-8 – Other Contracts (APR 1984) 52.236-9 – Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 – Operations and Storage Areas (APR 1984) 52.236-11 – Use and Possession Prior to Completion (APR 1984) 52.236-12 – Cleaning Up (APR 1984) 52.236-13 – Accident Prevention (NOV 1991) 52.236-14 – Availability and Use of Utility Services (APR 1984) 52.236-15 – Schedules for Construction Contracts (APR 1984) 52.236-17 – Layout of Work (APR 1984) 52.236-21 – Specifications and Drawings for Construction (FEB 1997) 52.236-26 – Preconstruction Conference (FEB 1995) 52.243-4 – Changes (JUN 2007) 52.243-5 – Changes and Changed Conditions (APR 1984)
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52.246-21 – Warranty of Construction (MAR 1994) 52.249-2 – Termination for Convenience of the Government (Fixed-Price) (APR 1984) ALT-1 Construction 52.249-10 – Default (Fixed — Price Construction) (APR 1984)
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): https://www.acquisition.gov http://www.ecfr.gov/cgi-bin/text-idx
52.252-4 – Alterations in Contract (APR 1984) Portions of this contract are altered as follows: ___________________________________________, (End of Clause)
52.252-6 – Authorized Deviations in Clauses (APR 1984)
(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 _____. [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
(End of Clause)
52.253-1 – Computer Generated Forms (JAN 1991)
PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J – LIST OF ATTACHMENTS
Attachment Number Attachment Title Number of Pages 1 Statement of Work 5 2 Construction Wage Rate Requirements 8
PART IV – REPRESENTATIONS AND INSTRUCTIONS
SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
52.204-8 – Annual Representations and Certifications (OCT 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.
(2) The small business size standard is $36.5M.
(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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.
The Offeror shall indicate which option applies by checking one of the following boxes:
□ (i) Paragraph (d) applies.
□ (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;
https://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137583 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP13.html#wp271421
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(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) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 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.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast
Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–Representation. This provision applies to solicitation that include the clause at 52.204-7.
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137684 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1150648 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137777 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1149919 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144766 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144909 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146404 https://www.acquisition.gov/sites/default/files/current/far/html/52_214.html#wp1129381 https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144523 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135900 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135943 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147663 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147704 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148142 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168785 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168786 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168826 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1197892 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169013 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169071 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169193 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151
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(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
_X_ (i) 52.204-17, Ownership or Control of Offeror.
_X_ (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services-Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–
Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
__ (A) Basic.
__(B) Alternate I.
__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
(End of provision)
52.204-17 – Ownership or Control of Offeror (JUL 2016) 52.204-19 – Incorporation by Reference of Representations and Certifications (DEC 2014)
52.204-20 –Predecessor of Offeror (JUL 2016)
(a) Definitions. As used in this provision-- “Commercial and Government Entity (CAGE) code” means--
(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file.
This type of code is known as a NATO CAGE (NCAGE) code.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ________ (or mark “Unknown”).
https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1181379 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1188714 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169667 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1152369 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1152940 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160855 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1152427 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162560 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168892 https://www.acquisition.gov/sites/default/files/current/far/html/52_227.html#wp1139116 https://www.acquisition.gov/sites/default/files/current/far/html/52_227.html#wp1145584 https://www.sam.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667
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Predecessor legal name: ______________________________.
(Do not use a “doing business as” name).
(End of provision)
52.204-22 – Alternative Line Item Proposal (JAN 2017) 52.209-2 – Prohibition on Contracting with Inverted Domestic Corporations—Representation (NOV 2015)
52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.222-22 – Previous Contracts and Compliance Reports (FEB 1999) The offeror represents that --
(a) It __ has, __ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
(b) It__ has, __ has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
(End of Provision)
52.222-23 – Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) https://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf
Goals for Minority Participation for Each Trade: 0.8% Goals for Female Participation for Each Trade: 6.9%
52.222-33 – Notice of Requirement for Project Labor Agreement (FEB 1999) 52.223-22 – Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representation (DEC 2016) 52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran— Representation and Certifications (AUG 2018) 52.236-28 – Preparation of Proposals – Construction (OCT 1997)
SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
52.215-1 – Instructions to Offerors – Competitive Acquisition (JAN 2017) https://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf
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PROPOSAL SUBMISSION REQUIREMENTS
A. GENERAL
Submit, at a minimum, an offer that conforms to the solicitation documents. By submission of an offer in accordance with the instructions provided in this section, the offeror unconditionally assents to the terms and conditions in this solicitation document and in any solicitation attachments. Submit an offer complies with the format, content, and submission instructions contained in this section. Offerors should carefully review this section prior to commencing proposal preparation.
B. SUBMISSION INSTRUCTIONS
Offerors shall submit their proposals to the following address no later than date and time noted at Block 13a in the SF 1442. Proposals must be emailed to: krystal_bourlier@nps.gov. The subject line of the email shall include the following:
Solicitation number – Company Name.
C. PROPOSAL FORMAT
The offer shall consist of the following:
1. Standard Form 1442, Solicitation, Offer, and Award, (Construction, Alteration, or Repair): Complete blocks 14 through 20C and attach any other documents the Contractor feels necessary to clearly articulate their understanding of the requirement. An official having the authority to contractually bind the offeror's company must sign the SF 1442 in accordance with the procedures prescribed in FAR 4.102.
Unless all offers are rejected, the intent of this solicitation is to award a firm fixed price contract for the requirement noted in paragraph one at the top of this solicitation. The Government will make award to the offeror whose proposal represents the lowest price meeting all requirements outlined in the SOW and any other related solicitation documents. The Government reserves the right to reject all offers.
2. Complete Block 21 Continuation of the SF 1442: The Contractor shall enter bid pricing directly on Page 3 of the SF 1442 Form at Item No. 0010, blocks C, D, E and F. The contractor shall ensure a total lump sum bid price is provided.
3. Past Performance - References: Provide a list of at least three (3) references that includes a point of contact name, phone number, and brief description of the work completed for each reference. Each reference shall demonstrate similar work in type and complexity in comparison to the work outlined in the solicitation within the last five (5) years.
The offeror should disclose any instances in which its past performance on a particular contract may be considered by others to be less than fully satisfactory by including or attaching a narrative to the Technical Volume. The offeror should relate pertinent facts and circumstances and describe any remedial action taken or to be taken to correct the deficiency. Failure to disclose such instances may result in a determination that the offeror has been less than candid with the Government, which could result in an unfavorable assessment of the offeror's past performance record.
The Government reserves the right to limit the number of references it ultimately contacts and to contact references or use sources other than those provided by the offeror to obtain information related to past performance. Other sources include, but are not limited to, the Past Performance Information Retrieval System;
Federal, State or local Governmental agencies; and private sector businesses. Exchanges between the Government and the offeror may occur to clarify the relevance of an offeror's past performance information and adverse past performance information to which the offeror…
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