Sol_140P1521R0007_Amd_0001.pdf
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- Attached to
- REPLACE ROOF ON KOWSKI HALL Federal contract opportunity
- Solicitation number
- 140P1521R0007
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140P1521R0007_Amd_0002.pdf | ||
| Kowski_roof_bid_questions_final_0002.docx | DOCX document | |
| A04_SOW_Kowski_Hall_Roof_Replacement_r2_0001.pdf | ||
| B03_WD__AZ20210030_0001.pdf | ||
| B01_Synopsis_PreSolitNotice.docx | DOCX document |
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Text version
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)
NPS, IMR - Arizona MABO
1824 S Thompson St, Ste 200
Flagstaff AZ 86001-2694
PIA
Deborah Cimmer 928 266-2106
311492A x 07/02/2021
140P1521R0007
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
HOAL - Replace Roof at Kowski Hall in accordance with the Statement of work.
Project location: Albright Training Center, Grand Canyon National Park, South Rim, AZ The work shall be performed in accordance with the attached Specifications referenced at Section J -- List of Attachments
An organized Site Visit is scheduled for 7/20/2021 at 10:00 AM MST. Please email
Deborah Cimmer at deborah_cimmer@nps.gov if attendance is anticipated. Please follow current CDC guidelines.
All questions, requests for information (RFI's) clarifications, etc., must be submitted and received in writing no later than 2:00 PM Mountain Standard Time on
July 27, 2021 with subject line: HOAL Replace Roof Kowski Hall RFP Questions.
Email all questions to deborah_cimmer@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 45 calendar days and complete it within ________________ ________________ calendar days after receiving
Ref: FAR 52.211-10
08/03/2021
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
Deborah Cimmer
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 36
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P1521R0007/0001
This project will replace the deteriorated, damaged roofing membrane on Kowski Hall at the
Albright Training Center, Grand Canyon National
Park, South Rim, Arizona.
Legacy Doc #: NPS
Change Item 00010 to read as follows(amount shown is the obligated amount):
00010 Replace Roof Kowski Hall
IT Approval Num: 2723X00014
Product/Service Code: Z1QA
Product/Service Description: MAINTENANCE OF
RESTORATION OF REAL PROPERTY (PUBLIC OR PRIVATE)
Period of Performance: 08/23/2021 to 10/30/2021
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
TABLE OF CONTENTS
Document No.
140P1520R0013
Document Title Replace Roof Kowski Hall
SECTION A -- SOLICITATION, OFFER, & AWARD
SECTION C – SPECIFICATIONS
SECTION D – PACKAGING AND MARKING
SECTION E – INSPECTION AND ACCEPTANCE
SECTION F – DELIVERIES OR PERFORMANCE
SECTION G – CONTRACT ADMINISTRATION DATA
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 PROHIBITION OF ALL TERRAIN VEHICLES (ATV)S – OFFICE SUPPORTING REGIONS 6, 7, & 8 . 9
H.2 FIRE DANGER SEASON
H.3 EXTENT OF OBLIGATION
H.4 WORK BY THE GOVERNMENT
H.5 AMBIGUITY/CONTRACT INTERPRETATION
H.7 KEY PERSONNEL (WILL BE COMPLETED WITH AWARD)
H.8 UTILITY SERVICES
H.9 GENERIC GENDER TERMINOLOGY
H.10 NON-DISCRIMINATION NOTICE
H.11 EXPENSES RELATED TO OFFERS
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE:
CLAUSES INCORPORATED BY FULL TEXT:
PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J – LIST OF ATTACHMENTS
PART IV – REPRESENTATIONS AND INSTRUCTIONS
SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS ... 20
SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
SECTION M – EVALUATION FACTORS FOR AWARD
140P1521R0007
PART I – THE SCHEDULE
SECTION A -- SOLICITATION, OFFER, & AWARD
Solicitation, Offer, and Award (SF-1442) - pages 1- 3 of this package
This is a Request for Proposal for construction prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Part 15 and Part 36, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation issued Request for Proposal (RFP) 140P1520R0013. FAR clauses and provisions enclosed within this RFP are those in effect through Federal Acquisition Circular (FAC) 2020-06 and are available in full text through Internet access at http:// www.acquisition.gov/far/.
Type of Contract: Construction, Firm Fixed Priced (FFP), Single Award Contract
County: Pima County, Arizona
Type of Construction: Heavy
MAGNITUDE:
Between $250,000 and $500,000
NAICS:
238160
SIZE STD:
$16.5 Million
SET-ASIDE:
Total Small Business
SECTION B – PRICE SCHEDULE
CONTRACT
LINE ITEM
NUMBER
(CLIN)
CONTRACT LINE ITEM (CLIN)
NUMBER TITLE
QUANTITY
UNIT OF
MEASURE
UNIT PRICE TOTAL PRICE
1 Replace Roof Kowski Hall 1 LS
SECTION C – SPECIFICATIONS
The Contractor shall furnish the necessary personnel, materials, equipment, services and appurtenances as applicable to successfully fulfill the requirements of the solicitation per the attached Statement of Work (SOW) and drawings referenced in Section J.
SECTION D – PACKAGING AND MARKING
CORRESPONDENCE/SUBMITTALS
Contractor initiated correspondence and submittals shall identify the contract number. All information for the main contract shall be provided to the Contract Specialist detailed in Section G via email. Submittals shall be submitted to the
National Park Service Name: Deborah Cimmer Email: Deborah_cimmer@nps.gov Telephone: 928.266.2106 http://www.acquisition.gov/far/
Contracting Officer's Representative (COR) and copied to CO.
SECTION E – INSPECTION AND ACCEPTANCE
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
52.246-13 INSPECTION - DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)
52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
SECTION F – DELIVERIES OR PERFORMANCE
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK - ALTERNATE I (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 45 Days after the NTP is issued. The time stated for completion shall include final cleanup of the premises.
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 08/6/2021. 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)
52.242-14 SUSPENSION OF WORK (APR 1984)
SECTION G – CONTRACT ADMINISTRATION DATA
1. CONTRACT REPRESENTATIVE
Contracting Officer (CO): Deborah Cimmer
National Park Service Office Servicing Regions 6, 7, & 8 Arizona Major Acquisition Buying Office (MABO) Phone: (928) 266.2106 Email: deborah_cimmer@nps.gov
Contracting Officer’s Representative (COR) / Site Representative (SR) / Project Inspector (PI): Will be identified upon award.
2. CONTRACTING OFFICER’S REPRESENTATIVE – LIAISON
The COR will act like as a liaison between the National Park Service herein referred to as “Service” and the Contractor, and, when necessary, will provide technical direction to the Contractor for this base contract. An appropriate park COR will be appointed for the contract. The COR is not authorized to change any of the terms and conditions of the contract, issue new assignments of work, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of the government representative shall relieve the Contractor of its responsibilities under the contract.
3. TECHNICAL DIRECTION
The performance of the work required herein shall be subject to the technical direction and surveillance of the COR. As used herein, “technical direction” is direction to the Contractor which requires pursuit of certain lines of inquiry, filling in details or otherwise serving to accomplish the contract specifications. The technical direction, to be valid:
(a) Must be issued in writing consistent with the general scope of the work set forth in the contract;
(b) May not constitute a new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this contract;
(c) Shall not constitute a basis for extension of the contract delivery schedule. Nothing contained in this part authorizes mailto:deborah_cimmer@nps.gov the Contractor to incur costs in excess of the contract price or other limitation of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor: (1) directly notifies the CO; (2) requests a formal contract modification; and (3) receives written authorization to proceed from the CO.
4. JOB SITE ADMINISTRATION
The Government will designate a COR / SR / PI who will be available at the site to inspect the work as it progresses. The COR / CR / SR will prepare an Inspector’s Daily Log, beginning with the first day of the contract, detailing ground and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties. Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures. At the end of every day of work on this contract, The Contractor’s Superintendent, as defined below, shall contact the COR / SR / PI, review the daily log, and sign as the Contractor’s representative. Unless the Contractor’s Superintendent makes a contrary notation on the daily log, the log shall be presumed to be accurate. The SR / PI is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor’s Superintendent must contact the COR regarding such decision and direction. The Contractor shall have a competent Superintendent (hereinafter referred to as the “Contractor’s Superintendent”) who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor’s behalf; and (iii) be present on the job site at all times when contract work is being performed. (See Superintendence by the Contractor, Section I, Federal Acquisition Regulations (FAR) Clause 52.236-6.)
1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the
Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR (JUL 1996)
After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.
NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC 2015)
1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
a. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
b. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.
c. All information provided should be reviewed for accuracy prior to submission.
d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
f. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
6. The following guidelines apply concerning your use of the past performance evaluation:
a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
(End of Notice)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT PLATFORM (APR 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov.
http://www.cpars.gov/ http://www.cpars.gov/ http://www.cpars.gov/ http://www.ipp.gov/ http://www.ipp.gov/
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
Schedule of Values Contractor 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.
(End of Local Clause)
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 PROHIBITION OF ALL TERRAIN VEHICLES (ATV)S – OFFICE SUPPORTING REGIONS 6, 7, & 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 Local Clause)
H.2 FIRE DANGER SEASON
If the COR for allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.
H.3 EXTENT OF OBLIGATION
No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the amount that has been authorized through the issuance of the contract, change order or contract modification by the Contracting Officer. The funded amount is stated as the “Total.”
H.4 WORK BY THE GOVERNMENT
The government reserves the right to undertake performance of the contract by government forces or other contractors, the same type or similar work as contracted for herein, as the government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.
H.5 AMBIGUITY/CONTRACT INTERPRETATION
a. This written contract, and any and all identified writings or documents incorporated by reference herein or physically attached hereto, constitute the parties’ complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.
mailto:ippgroup@bos.frb.org
b. It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with all obligations shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.
H.6 COMPLIANCE WITH STATE AND FEDERAL LAWS AND REQUIREMENTS
his subcontractors are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any State (or other public authority now or hereafter in force). The Contractor agrees to observe and comply with all applicable state and federal requirements regarding social security, workman’s compensation, unemployment insurance and any other matters concerning employment applicable to the performance of this contract or rules, regulations, directions and order not inconsistent herewith as may from time to time be issued by the Government. The unilateral act of any Governmental body against any employee of the Contractor for the violation of a state or federal law or regulation shall not excuse the Contractor from full compliance with the terms and conditions of this contract.
H.7 KEY PERSONNEL (WILL BE COMPLETED WITH AWARD)
(a) The Contractor shall assign to this contract the following key personnel:
Project Manager:
Job-site Superintendent:
Quality Control Manager:
Safety Manager:
(b) During the first 60 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 60-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(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 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.
H.8 UTILITY SERVICES
See Section 3.7 TEMPORARY FACILITIES AND CONTROLS of the Specifications for utility information and requirements.
H.9 GENERIC GENDER TERMINOLOGY
Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as "it" or "their.”
H.10 NON-DISCRIMINATION NOTICE
Based upon law, Executive Order, or internal policy, the Department of the Interior prohibits discrimination in the workplace, including sexual harassment, based on race, color, national origin, sex, religion, disability, age, or sexual orientation. The Department urges its contractors, subcontractors, and lessors to develop and enforce comprehensive anti-discrimination policies for their places of work.
H.11 EXPENSES RELATED TO OFFERS
This solicitation does not commit the Government to pay any costs incurred in the submission of any proposal, in making necessary studies for the preparation thereof, or to acquire or contract for any services. Costs shall not be incurred by recipients of this solicitation in anticipation of receiving direct reimbursement from the Government. It is understood that your bid/proposal/quote will become part of the official file on this matter without obligation to the Government.
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
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 address: https://www.acquisition.gov
CLAUSES INCORPORATED BY REFERENCE:
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 SUBONTRACTOR 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 ACTIVITY
(MAY 2014)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)
52.203-14 DISPLAY OF HOTLINE POSTER(S) (JUN 2020)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES
OF WHISTLEBLOWER RIGHTS (JUN 2020)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS (JAN 2017)
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR
PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (AUG 2020)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020) 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020)
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)
http://www.acquisition.gov/ http://www.acquisition.gov/ http://www.acquisition.gov/ http://www.acquisition.gov/
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (NOV 2020)
52.222-3 CONVICT LABOR (JUN 2003)
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME COMPENSATION (MAR 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 (AUG 2018)
52.222-9 APPRENTICES AND TRAINEES (JUL 2005)
52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)
52.222-12 CONTRACT TERMINATION—DEBARMENT (MAY 2014)
52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED 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 (APRIL 2015)
52.222-26 EQUAL OPPORTUNITY (SEPT 2016)
52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APRIL 2015)
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 (OCT 2020)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)
52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (NOV 2020)
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION
CONTRACTS (SEP 2013)
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA. (FEB 2021)
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS.
(MAY 2008)
52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS. (JUN 2016)
52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (MAY 2020)
52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION
CONTRACTS. (AUG 2018)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020)
52.223-20 AEROSOLES (JUN 2016)
52.223-21 FOAMS (JUN 2016)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)
52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020)
52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007)
52.227-17 RIGHTS IN DATA – SPECIAL WORKS (DEC 2007)
52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)
52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.228-11 INDIVIDUAL SURETY-PLEDGES OF ASSETS (FEB 2021)
52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)
52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)
52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (JUN 2020)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
52.232-16 PROGRESS PAYMENTS (JUN 2020)
52.232-17 INTEREST (MAY 2014)
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
52.233-1 DISPUTES (MAY 2014)—ALTERNATE I (DEC 1991)
52.233-3 PROTEST AFTER AWARD (AUG 1996)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.236-2 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)
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)
52.236-16 QUANTITY SURVEYS (APR 1984)
52.236-17 LAYOUT OF WORK (APR 1984)
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)
52.236-23 RESPONSIBILITY OF THE ARCHITECT-ENGINEER CONTRACTOR (APR 1984)
52.236-24 WORK OVERSIGHT IN ARCHITECT-ENGINEER CONTRACTS (APR 1984)
52.236-25 REQUIREMENTS FOR REGISTRATION OF DESIGNERS (JUNE 2003)
52.236-26 PRECONSTRUCTION CONFERENCE (JUN 2003)
52.242-13 BANKRUPTCY (JUL 1995)
52.243-4 CHANGES (JUN 2007)
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2020)
52.245-1 GOVERNMENT PROPERTY (JAN 2017)
52.245-9 USE AND CHARGES (APR 2012)
52.248-3 VALUE ENGINEERING—CONSTRUCTION (OCT 2020)
52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984) 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)—ALTERNATE I
(APR 2012)
52.249-3 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING, DEMOLITION, OR REMOVAL
OF IMPROVEMENTS) (APR 2012)
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
CLAUSES INCORPORATED BY FULL TEXT:
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 websites) 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).
“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.
Document Title
(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.
52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. As used in this clause— “Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set- aside or sole source award under the HUBZone Program.
(c) Applicability. This clause applies only to—
(1) Contracts that have been set aside or reserved any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
Document Title
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; and
(4) Orders set aside for any of the small business concerns identified in 19.000(a)(3) under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for—
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.
(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020)
(a) Definitions. "Economically disadvantaged women-owned small business (EDWOSB) concern" means—
A small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business (WOSB) concern eligible under the WOSB Program.
WOSB Program Repository means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.
(b) Applicability. This clause applies only to—
(1) Contracts that have been set aside for, or awarded on a sole source basis to, EDWOSB concerns;
(2) Part or parts of a multiple-award contract that have been set aside for EDWOSB concerns;
(3) Orders set aside for EDWOSB concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and
(4) Orders issued directly to EDWOSB concerns under multiple-award contracts as described in 19.504(c)(1)(ii).
(c) General. (1) Offers are solicited only from EDWOSB concerns. Offers received from concerns that are not EDWOSB concerns will not be considered.
(2) Any award resulting from this solicitation will be made to an EDWOSB concern.
(3) The Contracting Officer will ensure that the apparent successful offeror has provided all required documents to the WOSB Program Repository. The contract will not be awarded until all required documents are received.
(d) Limitations on subcontracting. An EDWOSB concern agrees that in the performance of the contract for—
Document Title
(1) Services (except construction), the concern will perform at least 50 percent of the cost of the contract incurred for personnel with its own employees;
(2) Supplies or products (other than procurement from a non-manufacturer in such supplies or products), the concern will perform at least 50 percent of the cost of manufacturing the supplies or products (not including the costs of materials);
(3) General construction, the concern will perform at least 15 percent of the cost of the contract with its own employees (not including the costs of materials); and
(4) Construction by special trade contractors, the concern will perform at least 25 percent of the cost of the contract with its own employees (not including the cost of materials).
(e) An EDWOSB concern shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (b)(1) and (2) of this clause—
[Contracting Officer check as appropriate.]
_ By the end of the base term of the contract and then by the end of each subsequent option period; or
_ By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.
(f) Joint Venture. A joint venture may be considered an EDWOSB concern if—
(1) It meets the applicable size standard corresponding to the NAICS code assigned to the contract, unless an exception to affiliation applies pursuant to 13 CFR 121.103(h)(3);
(2) The EDWOSB participant of the joint venture is designated in the System for Award Management as an EDWOSB concern;
(3) The parties to the joint venture have entered into a written joint venture agreement that contains provisions–
(i) Setting forth the purpose of the joint venture;
(ii) Designating an EDWOSB concern as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for the performance of the contract;
(iii) Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the
EDWOSB;
(iv) Specifying the responsibilities of the parties with regard to contract performance, sources of labor, and negotiation of the EDWOSB contract; and
(v) Requiring the final original records be retained by the managing venturer upon completion of the EDWOSB contract performed by the joint venture.
(4) The joint venture performs the applicable percentage of work required in accordance with paragraph (d) above; and
(5) The procuring activity executes the contract in the name of the EDWOSB or joint venture.
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
(a) Definitions. As used in this clause—
Document Title
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR)22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60- 300.5(a), as of March 24, 2014.
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