Sol_140P2119R0006.pdf
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- SHAW MEMORIAL STABILIZATION & RESTORATIO Federal contract opportunity
- Solicitation number
- 140P2119R0006
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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)
0040430967
NPS, WASO - WCP Contracting
P.O.Box 25287 MS WCP
Denver CO 80225
PWA
National Park Service
Historic Preservation Training Center 4801A Urbana Pike Frederick, MD 21704
Sheila Rushlow 3016638206
1x 04/15/2019
140P2119R0006
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, equipment and travel necessary for completion of the
Structural Stabilization and Restoration of the Robert Gould Shaw Memorial in
Boston, Massachusetts.
All work shall be completed in accordance with Sections A through J and Attachment
3, Specifications entitled African American National Historic Site, Boston, Massachusetts, The Structural Stabilization and Restoration of the Robert Gould Shaw
Memorial BOAF OMIS No. 242310, Project Specifications, National Park Service, Denver
Service Center, February 15, 2019, 386 Pages and Attachment 4, Drawing entitled The
Restoration, Structural Stabilization and Seismic Upgrade of the Robert Gould Shaw &
54th Regiment Memorial, Final Construction Documents, November 30, 2018, 29 Pages
Work is identified as the Basic Requirement and Options. Funding is presently available to award the Basic Requirement work. Options will be added to the awarded contract if funds are available. Options work not awarded as part of the contract will be written into the contract as priced Options to be added to the contract via written modification. It is anticipated that the work identified as the Basic
Requirement and Options would be done during one mobilization period over the course
Continued ...
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.)
1 190 calendar days and complete it within ________________ ________________ calendar days after receiving
Section F
05/14/2019
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, Historic Pres Trng Ctr 4801A Urbana Pike
Frederick MD 21704
WA2
Sheila Rushlow
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 70
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P2119R0006 of the project schedule.
The Scope of Work is identified as the Basic
Requirement and Options.
A. BASIC REQUIREMENT
Work for the Basic Requirements falls within many different Sections of the Specifications identified as A10 Foundations, B10 Superstructure and B20 Exterior Enclosure. A brief summary of the work follows:
(1) Remove bronze sculpture, conserve off-site and reinstall.
(2) Remove Tennessee marble units, clean and conserve off-site and reinstall.
(3) Remove top course of granite units, clean and conserve off-site and reinstall on new anchors.
(4) Clean remainder of granite units in-situ.
(5) Install new structural support framing for the sculpture.
B. OPTIONS
(1) OPTION 1
Remove existing plaza brick, sand, granite markers and existing tree wells. Install new tree wells. Reinstall sand bed, plaza brick and granite markers.
(2) OPTION 2
Remove all existing waterproofing and install reinforced fluid-applied membrane.
(3) OPTION 3
Install new cathodic protection system to the
Plaza.
(4) OPTION 4
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
4 70
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P2119R0006
Abandon existing electrical conduit. Install new conduit. Make site and pavement repairs to match existing.
(5) OPTION 5
At Plaza, install new steel beam, post, bearing plates and spread footing. Apply protective coating to existing exposed steel beams and new steel beam post.
(6) OPTION 6
Conserve and restore four decorative cast iron/steel grills, frames and woven-wire security backing.
The estimated construction range for this project is between $1,000,000 and $5,000,000.
A Preproposal Conference and Site Visit is scheduled for April 19, 2019 at 10:30 a.m. The meeting location is at the Robert Gould Shaw and the 54th Regiment Memorial, Boston Common, corner of Beacon and Park Streets, Boston, MA 02108.
Three days prior to the meeting email the company and names of those attending to
Sheila_rushlow@nps.gov.
The Government anticipates award of a firm-fixed price contract award on or before June 25, 2019.
Legacy Doc #: NPS
Delivery: 12/30/2019
Period of Performance: 06/25/2019 to 12/30/2019
00010 Stabilization and Restoration of the Robert Gould
Shaw Memorial
Delivery Location Code: 0009060013
NPS, Boston African Am NHS
BOAF Site Office
15 State Street, Suite 900
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
5 70
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P2119R0006
Boston MA 02109-3502 US
00020 Stabilization of the Robert Gould Shaw Memorial
Delivery Location Code: 0009060014
NPS, Boston African Am NHS
BOAF Administration Division
Charlestown Navy Yard, Building I
Boston MA 02129-4543 US
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Solicitation Number 140P2119R0006 Page 6 of 70
A - Solicitation/Contract Form
Standard Form 1442, Solicitation, Offer and Award, Pages 1 through 5 of this Package
Solicitation Number 140P2119R0006 Page 7 of 70
B - Supplies or Services/Prices
Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, equipment and travel necessary for completion of the Structural Stabilization and Restoration of the Robert Gould Shaw Memorial in Boston, Massachusetts.
Work is identified as the Basic Requirement and Options. Funding is presently available to award the Basic Requirement work. Options will be added to the awarded contract if funds are available.
Option work not awarded as part of the contract will be written into the contract as priced Options to be added to the contract via written modification. It is anticipated that the work identified as the Basic Requirement and Options would be done during one mobilization period over the course of the project schedule.
A detailed Price Proposal shall be submitted as part of the Business Proposal (See Section L, Page
52) using the format provided in Attachment 5.
BASIC REQUIREMENT
Work for the Basic Requirements falls within many different Sections of the Specifications identified as A10 Foundations, B10 Superstructure and B20 Exterior Enclosure.
CONTRACT
LINE ITEM
NUMBER
(CLIN)
CONTRACT LINE ITEM (CLI)
TITLE
QTY
UNIT OF
MEASURE
TOTAL PRICE
1 Remove bronze sculpture 1 Lump Sum $ 2 Remove Tennessee marble units, clean and conserve off-site and reinstall;
1 Lump Sum $
3 Remove top course of granite units, clean and conserve off-site and reinstall on new anchors.
4 Clean remainder of granite units in-situ.
1 Lump Sum $
5 Install new structural support framing for the sculpture;
TOTAL BASIC REQUIREMENT
(CONTRACT LINE ITEMS 1-5) $
Solicitation Number 140P2119R0006 Page 8 of 70
OPTIONS
CONTRACT
LINE ITEM
NUMBER
(CLIN)
CONTRACT LINE ITEM (CLI)
TITLE
QTY
UNIT OF
MEASURE
TOTAL PRICE
6 Option 1: Remove existing plaza brick, sand, granite markers and existing tree wells. Install new tree wells. Reinstall sand bed, plaza brick and granite markers.
1 Lump Sum $
7 Option 2: Remove all existing waterproofing and install reinforced fluid-applied membrane.
8 Option 3: Install new cathodic protection system to the Plaza
1 Lump Sum $
9 Option 4: Abandon existing electrical conduit. Install new conduit. Make site and pavement repairs to match existing.
1 Lump Sum $
10 Option 5: At Plaza, install new steel beam, post, bearing plates and spread footing. Apply protective coating to existing exposed steel beams and new steel beam post.
1 Lump Sum $
11 Option 6: Conserve and restore four decorative cast iron/steel grills, frames and woven-wire security backing.
TOTAL OPTIONS (CONTRACT LINE ITEMS 6-11) $
Solicitation Number 140P2119R0006 Page 9 of 70
C - Description/Specifications
1. BACKGROUND AND OBJECTIVES
The Robert Gould Shaw and Massachusetts 54th Regiment Memorial located across Beacon Street from the State House, serves as a reminder of the heavy cost paid by individuals and families during the Civil War. In particular, it serves as a memorial to a group of men who were amongst the first African Americans to fight in that war.
The Shaw Memorial depicts Colonel Robert Gould Shaw leading the all African American 54th Regiment past the Massachusetts State House on their way to South Carolina. On the reviewing stand, along with Governor Andrew, is Frederick Douglass who had worked tirelessly to convince President Lincoln to allow recruitment of African Americans into the army. Douglass's two sons, Lewis and Charles, were in the regiment.
The Shaw Memorial is now more than one hundred years old and it requires some significant upgrades in order to assure its longevity. A recent modest program of repointing joints in the face stones gave some short term relief from potential damage due to water intrusion. However, more basic and systemic repairs are needed. The problems in the monument divide into two categories – the plaza on Beacon Street in front of the bronze and the monument surrounding and including the bronze. At the plaza there is serious water intrusion as evidenced by the growth of stalactites on the steel beams supporting the plaza. Access to the steel beams is limited because of the earth floor of the crawl space below is too close to the underside of the beams for most of their length.
This project is a partnership between the National Park Service, the City of Boston and Friends of the Public Garden. The National Park Service will provide technical guidance, construction contract procurement and construction management.
The objective of this project to perform structural stabilization, seismic upgrade, and bronze and stone conservation including the bronze relief panel by sculptor Augustus Saint-Gaudens and its surrounding plaza designed by architect Charles Follen McKim.
2. STATEMENT OF WORK
Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, equipment and travel necessary for completion of the Structural Stabilization and Restoration of the Robert Gould Shaw Memorial in Boston, Massachusetts.
Solicitation Number 140P2119R0006 Page 10 of 70
All work shall be completed in accordance with Attachment 3, Specifications entitled “African American National Historic Site, Boston, Massachusetts, The Structural Stabilization and Restoration of the Robert Gould Shaw Memorial BOAF OMIS No.
242310, Project Specifications, National Park Service, Denver Service Center, February 15, 2019”, 386 Pages and Attachment 4, Drawing entitled “The Restoration, Structural Stabilization and Seismic Upgrade of the Robert Gould Shaw & 54th Regiment Memorial, Final Construction Documents, November 30, 2018”, 29 Pages
Work is identified as the Basic Requirement and Options. Funding is presently available to award the Basic Requirement work. Options will be added to the awarded contract if funds are available. Option work not awarded as part of the contract will be written into the contract as priced Options to be added to the contract via written modification. It is anticipated that the work identified as the Basic Requirement and Options would be done during one mobilization period over the course of the project schedule.
The Scope of Work is identified as the Basic Requirement and Options.
A. BASIC REQUIREMENT
Work for the Basic Requirements falls within many different Sections of the Specifications identified as A10 Foundations, B10 Superstructure and B20 Exterior Enclosure. A brief summary of the work follows:
(1) Remove bronze sculpture, conserve off-site and reinstall;
(2) Remove Tennessee marble units, clean and conserve off-site and reinstall;
(3) Remove top course of granite units, clean and conserve off-site and reinstall on new anchors.
(4) Clean remainder of granite units in-situ;
(5) Install new structural support framing for the sculpture;
B. OPTIONS
(1) OPTION 1
Remove existing plaza brick, sand, granite markers and existing tree wells. Install new tree wells. Reinstall sand bed, plaza brick and granite markers.
(2) OPTION 2
Remove all existing waterproofing and install reinforced fluid-applied membrane.
(3) OPTION 3
Install new cathodic protection system to the Plaza.
Solicitation Number 140P2119R0006 Page 11 of 70
(4) OPTION 4
Abandon existing electrical conduit. Install new conduit. Make site and pavement repairs to match existing.
(5) OPTION 5
At Plaza, install new steel beam, post, bearing plates and spread footing.
Apply protective coating to existing exposed steel beams and new steel beam post.
(6) OPTION 6
Conserve and restore four decorative cast iron/steel grills, frames and woven-wire security backing.
Solicitation Number 140P2119R0006 Page 12 of 70
D - Packaging and Marking
1. PACKAGING
Preservation, packaging and packing for all shipments or mailing of all required submittals shall be in accordance with good commercial practices. This shall include adequate packaging and marking to prevent deterioration and damage during shipment, handling, and storage and be adequate to ensure acceptance by common carrier and safe transportation at the most economical rates.
The shipment shall also be labeled to ensure easy routing at its destination. Information shall include a description of the package contents. Information shall be rendered clearly, in permanent inks, and positioned to be readily apparent.
2. DELIVERABLES
All deliverables shall be shipped F.O.B. Destination, within Consignee’s premises, with all shipping and transportation costs prepaid. Deliveries shall be shipped by to ensure that shipments can be traced, if lost.
The F.O.B. Point for deliverables shall be one of the following:
A. Contracting Officer’s Representative
National Park Service Historic Preservation Training Center 4801A Urbana Pike Frederick, MD 21704
B. Contracting Officer National Park Service
Historic Preservation Training Center 4801A Urbana Pike Frederick, Maryland 27104
Solicitation Number 140P2119R0006 Page 13 of 70
E - Inspection and Acceptance
CLAUSE NUMBER
TITLE DATE
FAR 52.246-12 Inspection of Construction. (Aug 1996)
All service and work performed under this contract shall be subject to inspection and acceptance by the designated Contracting Officer's Representative (COR) at any time during performance. If the COR determined that services, work or materials being furnished do not meet the required standards, the Government reserves the right to have the work performed elsewhere, charging the Contractor with costs involved, subject to the provisions of FAR 52.249-8. Final acceptance of all work will be at the work site.
Solicitation Number 140P2119R0006 Page 14 of 70
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 1 calendar day to start the submittal process and 31 calendar days to start mobilization and on-site construction 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 159 calendar days. The total duration for on-site construction is 5 months. If a winter shut down period is approved, work completed prior to and post the winter shutdown will not exceed five months. The winter shutdown is excluded from the construction period of performance. The time stated for completion shall include final cleanup of the premises.
(End of clause)
52.211-12 Liquidated Damages - Construction. (SEP 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,203.44 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
52.211-13 Time Extensions. (SEP 2000)
Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.
(End of Clause)
52.242-14 Suspension of Work. (APR 1984)
(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.
(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted.
Solicitation Number 140P2119R0006 Page 15 of 70
(1) by an act of the Contracting Officer in the administration of this contract, or
(2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.
(c) A claim under this clause shall not be allowed --
(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and
(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
Solicitation Number 140P2119R0006 Page 16 of 70
G - Contract Administration Data
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 the 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. The COR for this contract will be:
To be named at the time of award
(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 modifications, 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 response 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.
Solicitation Number 140P2119R0006 Page 17 of 70
(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 (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)
Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice. The Contractor shall provide a detailed attachment to the billing in IPP showing the Schedule of Values for each line item.
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)
Solicitation Number 140P2119R0006 Page 18 of 70
USE AND REPORTING OF CONTRACTOR PERFORMANCE INFORMATION (DEC
2015)
NOTICE TO CONTRACTORS
Contractor Performance Assessment Reporting System (December 2015)
1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.
The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report.
Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
a) Contractor Representatives may then provide comments in response to the 6.evaluation, or return the evaluation without comment.
b) Your comments should focus on objective facts in the AO's narrative and should a)provide your views on the causes and ramifications of the assessed performance.
c) All information provided should be reviewed for accuracy prior to submission.
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 a “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:
Solicitation Number 140P2119R0006 Page 19 of 70
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)
Solicitation Number 140P2119R0006 Page 20 of 70
H - Special Contract Requirements
PRE-PROPOSAL CONFERENCE AND SITE VISIT
A Preproposal Conference and Site Visit is scheduled for April 19, 2019 at 10:30 a.m. The meeting location is at the Robert Gould Shaw and the 54th Regiment Memorial, Boston Common, corner of Beacon and Park Streets, Boston, MA 02108. Three days prior to the meeting email the company and names of those attending the meeting to sheila_rushlow@nps.gov.
SPECIAL CLAUSE 1: OPTION FOR ADDITIONAL SERVICES—SEPARATELY
PRICED LINE ITEMS
The Government may require the delivery of the numbered line items identified in the Schedule as option items at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by written notice to the Contractor within 15 days after contract award.
Performance of added line item tasks shall be at the price negotiated in the contract Schedule.
KEY PERSONNEL ALTERNATE 1 (NOV 2007)
(a) The following personnel are considered essential to the work being performed hereunder:
Lead Bronze Conservator Lead Stone Mason Project Manager Superintendent
(b) During the first 45 calendar 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. After the initial 45 calendar days, the Contractor must notify the Contracting Officer prior to any changes in key personnel. In all cases, the Contractor must 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 must possess qualifications comparable to the original key person, as well as satisfying any minimum standards set forth elsewhere in the solicitation/contract. The Contracting Officer will advise the Contractor as to the acceptability of the proposed substitutes within 15 calendar days after receipt of all required information of the decision on substitutions. The list of key personnel may be modified from time to time during the course of the contract, by mutual agreement of the parties.
[Offeror fill in names of proposed key personnel, as presented in the technical proposal.]
Solicitation Number 140P2119R0006 Page 21 of 70
(c) If the services performed by key personnel do not conform to contract requirements or jeopardize successful performance of the contract, the Government may require the Contractor to remove the individual within five working days.
NOTICE OF LOSS OR DAMAGE
The Contractor shall be liable for any loss of or damage to any property caused by negligence, theft, or willful misconduct of the Contractor, his agents, servants, and employees and shall indemnify and save the Government harmless against all actions, proceedings, claims, demands, costs, damages, and expenses, including attorney's fees, by reason of any suit or action brought for any actual or alleged injury to or resulting from the performance of the contract. The Contractor shall submit a full written report to the Contracting Officer within twenty-four (24) hours following the occurrence of such damage, loss or injury.
PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA (NOV 2007)
(a) The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.
(b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.
(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.
(d) The Contractor will be responsible for protecting the cultural resources within the effected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.
(e) The Contractor agrees to insert this paragraph in all subcontracts that involve the performance of work on the terrain of the site.
Solicitation Number 140P2119R0006 Page 22 of 70
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
Architect-Engineer Per person $200,000 Per occurrence $500,000 Property damage $ 20,000
Automobile liability Per person $200,000 Per occurrence for bodily injury $500,000 (other than passenger liability) Per occurrence for property damage $20,000
Aircraft public and passenger liability, when aircraft used in connection with the performing this contract Per person $200,000 Per occurrence for bodily injury $500,000 Per occurrence for property damage $200,000 Passenger liability bodily injury $200,000 multiplied by number of seats or passengers, whichever is greater
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.
Solicitation Number 140P2119R0006 Page 23 of 70
I - Contract Clauses
The below clauses are incorporated by reference
FAR 52.202-1 Definitions (NOV 2013) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant Against Contingent
Fees
(MAY 2014)
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government
(SEPT 2006)
FAR 52.203-7 Anti-Kickback Procedures (MAY 2014) FAR 52.203-8 Cancellation, Rescission, and
Recovery of Funds for Illegal or Improper Activity
(MAY 2014)
FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity
(MAY 2014)
FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
(OCT 2010)
FAR 52.203-14 Display of Hotline Posters (OCT 2010)
FAR 52.203-17
Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.
(APR 2014)
FAR 52.204-4 Printed or Copied Double- Sided on Postconsumer Fiber Content Paper
(MAY 2011)
FAR 52.204-9 Personal Identity Verification of Contractor Personnel
(JAN 2011)
FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
(OCT 2018)
FAR 52.204-13 System for Award Management Maintenance
(OCT 2018)
FAR 52.204-14 Service Contract Reporting Requirements
(OCT 2016)
FAR 52.204-18 Commercial and Government Entity Code Maintenance
(JUL 2016)
Solicitation Number 140P2119R0006 Page 24 of 70
FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems
(JUN 2016)
FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
(JUL 2018)
FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
(OCT 2018)
FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
(NOV 2015)
FAR 52.211-18 Variation in Estimated Quantity
(APR 1984)
FAR 52.215-2 Audit and Records - Negotiation.
(OCT 2010) -- Alternate I
(MAR 2009)
FAR 52.215-8 Order of Precedence-Uniform Contract Format
(OCT 1997)
FAR 52.219-6
Notice of Total Small Business Set-Aside
(NOV 2011)
FAR 52.219-8 Utilization of Small Business Concerns
(OCT 2018)
FAR 52.219-14 Limitations on Subcontracting
(JAN 2017)
FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-4 Contract Work Hours and
Safety Standards - Overtime Compensation
(MAY 2018)
FAR 52.222-6 Construction Wage Rate Requirements
(AUG 2018)
FAR 52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (AUG 2018) FAR 52.222-9 Apprentices and Trainees (JUL 2005)
FAR 52.222-10 Compliance With Copeland
Act Requirements
(FEB 1988)
FAR 52.222-11 Subcontracts (Labor Standards)
(MAY 2014)
Solicitation Number 140P2119R0006 Page 25 of 70
FAR 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations
(MAY 2014)
FAR 52.222-14 Disputes Concerning Labor Standards
(FEB 1988)
FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-21 Prohibition of segregated facilities
(APR 2015)
FAR 52.222-26 Equal Opportunity (SEP 2016)
FAR 52.222-27 Affirmative Action Compliance Requirements for Construction
(APR 2015)
FAR 52.222-37 Employment Reports on Veterans.
(FEB 2016)
FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010)
FAR 52.222-50 Combating Trafficking in Persons
(JAN 2019)
FAR 52.222-54 Employment Eligibility Verification
(OCT 2015)
FAR 52.222-55 Minimum Wages Under Executive Order 13658
(DEC 2015)
FAR 52.222-62 Paid Sick Leave Under Executive Order 13706.
(JAN 2017)
FAR 52.223-5 Pollution Prevention and Right-to-Know Information
(MAY 2011)
FAR 52.223-6 Drug-Free Workplace (MAY 2001) FAR 52.223-17 Affirmative Procurement of
EPA-designated Items in Service and Construction Contracts
(AUG 2018)
FAR 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
(AUG 2011)
FAR 52.224-1 Privacy Act Notification (APR 1984) FAR 52.224-2 Privacy Act (APR 1984) FAR 52.224-3 Privacy Training (JAN 2017) FAR 52.225-13 Restrictions on Certain
Foreign Purchases
(JUN 2008)
FAR 52.227-1 Authorization and Consent (DEC 2007)
Solicitation Number 140P2119R0006 Page 26 of 70
CLAUSE NUMBER TITLE DATE
FAR 52.227-4 Patent Indemnity-- Construction Contracts
(DEC 2007)
FAR 52.227-17 Rights in Data-Special Works (DEC 2007) FAR 52.228-12 Prospective Subcontractor
Requests for Bonds
(MAY 2014)
FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.228-15 Performance and Payment
Bonds - Construction
(OCT 2010)
FAR 52.229-3 Federal, State, and Local Taxes
(FEB 2013)
FAR 52.232-5 Payments Under Fixed-Price Construction Contracts.
(MAY 2014)
FAR 52.232-17 Interest (MAY 2014)
FAR 52.232-24 Prohibition of Assignment of Claims
(MAY 2014)
FAR 52.232-27 Prompt Payment for Construction Contracts
(JAN 2017)
FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management.
(OCT 2018)
FAR 52.232-39 Unenforceability of Unauthorized Obligations.
(JUN 2013)
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors
(DEC 2013)
FAR 52.233-1 Disputes (MAY 2014) - Alternate I
(DEC 1991)
FAR 52.233-3 Protest After Award (AUG 1996)
FAR 52.233-4 Applicable Law for Breach of Contract Claim.
(OCT 2004)
FAR 52.236-2 Differing Site Conditions. (APR 1984)
FAR 52.236-3 Site Investigation and Conditions Affecting the Work
(APR 1984)
FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-6 Superintendence by the
Contractor
FAR 52.236-7 Permits and Responsibilities (NOV 1991)
Solicitation Number 140P2119R0006 Page 27 of 70
FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
FAR 52.236-10 Operations and Storage Areas (APR 1984)
FAR 52.236-11 Use and Possession Prior to Completion
FAR 52.236-12 Cleaning Up. (APR 1984)
FAR 52.236-13 Accident Prevention (NOV 1991) FAR 52.236-14 Availability and Use of
Utility Services
(APR 1984)
FAR 52.236-15 Schedules for Construction Contracts
(APR 1984)
FAR 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction
(FEB 1997)
FAR 52.236-26 Preconstruction Conference (FEB 1995) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.243-4 Changes (JUN 2007) FAR 52.244-6 Subcontracts for Commercial
Items.
(JAN 2019)
FAR 52.246-21 Warranty of Construction (APR 1984) FAR 52.248-3 Value Engineering -
Construction
(OCT 2015)
FAR 52.249 Termination for Convenience of the Government (Fixed- Price )
(APR 2012)
ALT 1 (SEPT 1996)
FAR 52.249-10 Default (Fixed-Price Construction)
52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)
(a) Definitions. As used in this clause-
Long-term contract means a contract of more than five years in duration, including options.
However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether
Solicitation Number 140P2119R0006 Page 28 of 70 dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs
(e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the…
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