Sol_140P4320R0014_Amd_0002.pdf

The Government intends to award one firm fixed price contract in response to this solicitation.

This Request for Proposal (RFP) is made using the procedures of Federal Acquisition Regulation (FAR) Part 15, Contracting by Negotiations. The National Park Service, Northeast Region (NER), New England Major Acquisition Buying Office (NE-MABO), will evaluate proposals in response to this solicitation without discussions and will award a contract to the responsible offeror whose proposal, conforming to the solicitation, will be most advantageous to the Government, considering price and technical-related factors specified elsewhere in the solicitation.

Award is restricted to small businesses in accordance Federal Acquisition Regulation (FAR) 6.207 -- Full and Open Competition After Exclusion of Sources, Set-Asides for Women Owned Small Business (WOSB) Concerns eligible under the WOSB Program, under the NAICS code for this project 237110, Water and Sewer Line and Related Structures Construction, [$36.5 million SBA Size Standard].

Location of Work: United States Department of the Interior, National Park Service, Cape Cod National Seashore, HQ and Residences – Marconi Beach, Wellfleet, Massachusetts.

The order of magnitude for this project, is estimated to be between $500,000. and $1,000,000.

Period of Performance is a total of 283 Days After Notice to Proceed for the completion of Contract Line Item Number 0010, and the grass seeding and maintenance in accordance with Attachment Number 1.

The Construction services for Contract Line Item Number 0010 are to be completed in 90 days after receipt of the Notice to proceed, and the period of performance for the grass seeding is from April 15, 2021 through June 30, 2021, in accordance with ATTACHMENT NUMBER 1.

U.S. Dept. of Labor, Construction DOL Wage Determination General Decision Number MA20200001 03- 13-2020, Barnstable County, shall apply. ATTACHMENT NUMBER 3.

Electronic proposal shall be accepted for this RFP. Facsimile proposals shall not be accepted.

Proposals shall be emailed to Janice_Boscoe@Contractor.NPS.GOV by the due date and time.

Please complete Section K, Representations, Certifications, and Other Statements of Bidders.

Interested parties are strongly encouraged to inspect site prior to submitting a proposal. An organized site visit is scheduled, and details can be found in Section L, FAR 52.236-27, SITE VISIT.

See Section L of this solicitation for Special Notices and other provisions regarding the submission of a complete proposal.

See Section M of this Solicitation for Evaluation Factors for Award, regarding the submission of a complete proposal.

NOTE: Prior to an award being made - - - VETS-4212 Report: Prospective bidders are put on notice that the FAR prohibits making any award to a contractor that has not submitted the required annual VETS- 4212, Federal Contractor Veterans' Employment Report (VETS-4212 Report), with respect to the preceding fiscal year if the contractor was subject to the reporting requirements of 38 U.S.C. 4212(d) for that fiscal year. Refer to FAR clause 52.222-37 -- Employment Reports on Veterans.

Any questions regarding this solicitation shall be submitted in writing to the Contract Specialist, Janice Boscoe, at janice_boscoe@contractor.nps.gov. Questions should be submitted no later than five business days prior to the due date.

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, NER - NE MABO

Boston National Historical Park

Charlestown Navy Yard Building I-1

PNN

Boston MA 02129-4543

Electronic Proposal shall be accepted for this Request for Proposal. Facsimile Proposal shall not be accepted. Proposals shall be emailed to Janice_Boscoe@Contractor.NPS.GOV

Janice Boscoe (617)242-5681

253235, 238018, x 07/31/2020

140P4320R0014

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

The Government intends to award one firm fixed price contract as a result of this solicitation.

This Request for Proposal includes 4 Attachments that are a part of this

Solicitation:

ATTACHMENT NUMBER 1 SOW Specifications and Requirements Marconi Headquarters

Septic System Replacement 7 27 2020

ATTACHMENT NUMBER 2 Drawings 4 21 2020 CACO HQ and Residences Sewerage System

ATTACHMENT NUMBER 3 DOL DBA Wage Determination General Decision MA20200008 03 13

2020 Heavy Construction Barnstable County MA

ATTACHMENT NUMBER 4 COVID 19 Guidance OSHA

PROJECT: This Project is entitled HQ and Residences Replacement of Sewerage System

Marconi Beach. The project is located at the Department of Interior, National Parks

Service, Cape Cod National Seashore, HQ and Residences, 99 Marconi Site Road, Marconi Beach, Wellfleet, Massachusetts. This Project consists of the removal and replacement of the septic/sewerage system, clearing and creation of trails and re-vegetation of the site to original condition, at the HQ and Residences, Marconi

Beach, in accordance with the Statement of Work, ATTACHMENT NUMBER 1. The

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.)

10 283 calendar days and complete it within ________________ ________________ calendar days after receiving

09/11/2020

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

NPS, NER - NE MABO

Boston National Historical Park

Charlestown Navy Yard Building I-1

PNN

Boston MA 02129-4543

Wendy De Leon

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 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P4320R0014/0002

Contractor shall furnish all labor, materials, equipment, tools, transportation services and supplies required to complete the work in accordance with the Contract Documents.

Period of Performance is a total of 283 Days

After Notice to Proceed for the completion of

Contract Line Item Number 0010, and the grass seeding and maintenance in accordance with

ATTACHMENT NUMBER 1. The Construction services for Contract Line Item Number 0010 are to be completed within 90 days after receipt of the

Notice to Proceed, and the period of performance for the grass seeding is from April 15, 2021 through June 30, 2021.

All work performed under this contract shall be done in accordance with applicable local, State, and Federal codes, bylaws and ordinances in effect at the time of this work.

In accordance with FAR Part 36.204 Disclosure of the magnitude of construction projects is between

$500,000.00 and $1,000,000.00.

This Request for Proposal (RFP) is a competitive, total Woman/Women Owned Small Business (WOSB) set-aside acquisition, under NAICS Code: 237110

Water and Sewer and Related Structures

Construction, (size standard $36.5 million) and limited to only currently Woman/Women Owned Small

Business (WOSB), certified small businesses. All responsible sources may submit a proposal for consideration in accordance with these and other terms and conditions of the solicitation.

This RFP is prepared using the procedures of

Federal Acquisition Regulation (FAR)Part 15, Negotiation. The National Park Service, Northeast

Region (NER), New England Major Acquisition

Buying Office (NE- MABO), contemplates making one award to the lowest priced technically acceptable offeror, considering price and the technical related factors included in the RFP.

The DOL DBA Wage Determination General Decision

MA20200008 03 13 2020 Heavy Construction

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 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P4320R0014/0002

Barnstable County MA, ATTACHMENT NUMBER 3, applies to this Solicitation.

Review complete project documents for the RFP, including all clauses and attachments listed in the project documents.

Electronic proposals shall be accepted for this

RFP. Facsimile proposals shall not be accepted.

Proposals shall be emailed to

Janice_Boscoe@Contractor.NPS.GOV by the due date of September 11, 2020, by 3:00 PM EST.

A Pre-offer conference is not planned.

Offerors must have a DUNS number, be registered and active in the System for Award Management

(SAM), http://www.beta.sam.gov, and have completed their Online Representations and

Certifications in SAM, in order to be eligible for award. Enter Dun and Bradstreet Number (DUNS) here __________________________.

Offerors must complete Section K, Representations, Certifications, and Other

Statements of Bidders.

Offerors are urged and expected to inspect the site where the work will be performed prior to providing an offer. An organized site visit is scheduled, and details can be found in Section L, FAR 52.236-27, SITE VISIT.

See Section L of this solicitation for Special

Notices and other provisions regarding the submission of a complete proposal.

See Section M of this Solicitation for Evaluation

Factors for Award, regarding the submission of a complete proposal.

Any questions regarding this solicitation shall be submitted in writing, via email, to the

Contract Specialist, Janice Boscoe at

Janice_Boscoe@contractor.nps.gov. Questions should be submitted no later than September 6, 2020.

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 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P4320R0014/0002

In accordance with FAR Part 28.1 Bonds and Other

Financial Protection, and FAR Clause 52.228-1, a

Bid Guarantee is required. The Bid Guarantee shall be at least 20 percent of your proposed price.

In accordance with FAR Part 28.102 Performance and Payment bonds and alternative payment protections for construction contracts, and FAR

Clause 52.228-15, Performance and Payment Bonds are required.

PLEASE STATE THE PROPOSED UNIT PRICE FOR EACH

CONTRACT LINE ITEM NUMBER ON THE STANDARD FORM

1442, AND STATE THE PROPOSED TOTAL AMOUNT.

PLEASE COMPLETE THE FOLLOWING BLOCKS ON THE

STANDARD FORM 1442, 14, 15, 16, 17, 18 AND 19 IF

APPLICABLE, 20a, 20b, 20c, 30a, 30b AND 30c.

Delivery: 283 Days After Notice to Proceed

Delivery Location Code: 0009060028

NPS, Cape Cod Ntl Seashore

99 Marconi Site Road

Wellfleet MA 02667 US

Period of Performance: 09/25/2020 to 07/05/2021

Change Item 00010 to read as follows(amount shown is the obligated amount):

00010 CACO Headquarters and Residences - Marconi Beach

Replacement of Sewerage System

Product/Service Code: Y1ND

Product/Service Description: CONSTRUCTION OF

SEWAGE AND WASTE FACILITIES

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

A - Solicitation/Contract Form B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements Beth Walden-McCabe Bureau Procurement Chief National Park Service Washington Contracting Office………………………………………………………………………………………………………..10 I - Contract Clauses………………………………………………………………………………………….12 J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders L - Instructions, Conditions, and Notices to Bidders

3.6 percent

6.9 percent United States Department of the Interior National Park Service Interior Region 1 - New England Major Acquisition Buying Office Charlestown Navy Yard, Building I Boston, Massachusetts 02129-4543 M - Evaluation Factors for Award

A - Solicitation/Contract Form

See Standard Form (SF) 1442, Solicitation, Offer, and Award

B - Supplies or Services/Prices

See SF 1442

C - Description/Specifications

See Attachment 1, Construction Specifications -CACO HQ and Residences Replacement of Sewerage

Marconi Beach

D - Packaging and Marking

Not applicable.

E - Inspection and Acceptance

52.246-12 Inspection of Construction. (AUG 1996)

F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 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 July 5, 2021. 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 September 25, 2020. 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)

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.242-14 Suspension of Work. (APR 1984)

G - Contract Administration Data

52.204-14 Service Contract Reporting Requirements. (OCT 2016)

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:

+ Invoice/Application/Requisition

+ Prime and Subcontractor Payrolls (A Government approved SF 1413 must be on file for each of the subcontractors)

+ Contractor Certification of Progress Payments (reference Invoice/Application/Requisition number and PO/TO/Contract Number)

+ Updated Schedule of Values (SOV) that itemizes of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

+ A listing of the amount included for work performed by each subcontractor under the contract.

+ A listing of the total amount of each subcontract under the contract.

+ A listing of the amounts previously paid to each such subcontractor under the contract.

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)

H - Special Contract Requirements

EXPENSES RELATED TO OFFERS (NOV 2007)

This solicitation does not commit the Government to pay any costs incurred in the submission of any proposal, in making necessary studies or designs 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.

(End of Clause)

KEY PERSONNEL (NOV 2007)

(a) The following personnel are considered essential to the work being performed hereunder:

Worksite Superintendent (as identified in proposal)

Environmental Manager (as identified in proposal)

[ Offeror fill in names of proposed key personnel, as presented in the technical proposal.]

b) During the first 8 months 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 8 months, 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.

(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.

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.

Alternate 1:

Insert the following paragraph (f) if the work is being performed on tribal lands:

(f) If the discovery occurs on tribal lands, the Contractor shall immediately orally notify the responsible tribal official and the Contracting Officer and follow with written confirmation within 2 days to the responsible tribal official and the Contracting Officer. The contact information for the tribal official may be obtained at: http://web.cast.uark.edu/other/nps/nacd.

(End of Clause)

AUTHORITIES AND DELEGATIONS (SEPT 2011)

Authorities and Delegations (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(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

(h) 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.

Agency Protests

(a) Interested parties may request an independent review at a level above the Contracting Officer of protests filed directly with the agency. This review is available as an alternative to consideration of the protest by the Contracting Officer or as an appeal of the Contracting Officer's response to the protest. An interested party may:

(1) Protest to the Contracting Officer;

(2) Protest directly to the Bureau Procurement Chief without first protesting to the Contracting Officer; or

(3) Appeal a contracting officer's decision to the Bureau Procurement Chief.

(b) Requests for Bureau Procurement Chief review should be addressed to:

Beth Walden-McCabe Bureau Procurement Chief National Park Service Washington Contracting Office 12795 W. Alameda Pkwy Lakewood, CO 80228

(c) Requesting independent agency review will not extend the Government Accountability Office's (GAO's) timeliness requirements. Any subsequent protest to the GAO must be filed within ten days of knowledge of initial adverse agency action (see 4 CFR 21.2(a)(3).)

(End of Clause)

Notice to Contractors - CPARS (DEC2015)

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 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)

Special Notice #1

Documents identified by the government as required to be submitted prior to the Preconstruction Conference/Meeting are required to be submitted within the dates specified by the contract documents.

Government required documents not identified with a specific delivery date are due to the Contracting Officer within 10 business days of the date of the Contracting Officer's Notice of Award. The requirements for the submittals are found in the Project Specifications, award clauses, and/or in the body of the Notice of Award.

Special Notice #2 Special Requirements for Coronavirus Pandemic (COVID-19)

1) Contractors are responsible for their employees’ safety and the safety of job site visitors during the performance of this contract. We encourage contractors to follow guidance from the Department of Labor, Occupational Safety and Health Administration (OSHA), the Centers for Disease Control and Prevention (CDC), and all other applicable local, city, and state mandates. We encourage contractors to develop policies for infection prevention and an Infectious Disease Preparedness and Response Plan.

2) To the extent appropriate, Contractors should include the protective health and safety measures they intend to implement related to COVID-19 in any accident prevention or safety submittals required under this contract. These plans should contain preventive measures the contractor intends to follow while performing work on government property as well as responsive and corrective actions to be taken if an employee exhibits symptoms or tests positive for COVID-19. It is appropriate to discuss these plans in any solicitation response that addresses the Contractor’s proposed approach to achieving contract requirements.

3) Upon contract award, contractors should communicate with the Contracting Officer regarding contractor decisions and actions to protect the health and safety of workers for the duration of contract performance under which pandemic conditions exist.

4) The following websites provide guidance and information:

a. https://www.coronavirus.gov/

b. https://www.osha.gov/SLTC/covid-19/

c. https://www.cdc.gov/coronavirus/2019-ncov/index.html

d. https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/construction-workers.html

e. https://www.fema.gov/coronavirus

f. https://www.nps.gov/aboutus/news/public-health-update.htm

I - Contract Clauses

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

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. (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)

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)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2018)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016)

52.204-22 Alternative Line Item Proposal. (JAN 2017)

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 2019)

52.208-8 Required Sources for Helium and Helium Usage Data. (AUG 2018)

(a) Definitions.

Bureau of Land Management, as used in this clause, means the Department of the Interior, Bureau of Land Management, Amarillo Field Office, Helium Operations, located at 801 South Fillmore Street, Suite 500, Amarillo, TX 79101-3545.

Federal helium supplier means a private helium vendor that has an in-kind crude helium sales contract with the Bureau of Land Management (BLM) and that is on the BLM Amarillo Field Office's Authorized List of Federal Helium Suppliers available via the Internet at https://www.blm.gov/programs/energy-and-minerals/helium/partners.

Major helium requirement means an estimated refined helium requirement greater than 200,000 standard cubic feet (scf) (measured at 14.7 pounds per square inch absolute pressure and 70 degrees Fahrenheit temperature) of gaseous helium or 7510 liters of liquid helium delivered to a helium use location per year.

(b) Requirements-(1) Contractors must purchase major helium requirements from Federal helium suppliers, to the extent that supplies are available.

(2) The Contractor shall provide to the Contracting Officer the following data within 10 days after the Contractor or subcontractor receives a delivery of helium from a Federal helium supplier-

(i) The name of the supplier;

(ii) The amount of helium purchased;

(iii) The delivery date(s); and

(iv) The location where the helium was used.

(c) Subcontracts. The Contractor shall insert this clause, including this paragraph (c), in any subcontract or order that involves a major helium requirement.

(End of clause)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.215-2 Audit and Records - Negotiation. (OCT 2010)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications. (OCT 2010) - Alternate IV (OCT 2010)

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: (1) Each item must be listed at its cost to you. (2) Labor must be itemized by craft, number of estimated labor hours, and hourly rate paid. (3) If the cost of fringe benefits is not itemized, it is assumed that there is none, or that it is included in the hourly rate shown. (4) The contractor is expected to obtain and provide with the proposal a minimum of two quotes for the supply of the materials and/or rental of equipment. If contractor’s subcontractor is procuring the materials and/or rentals of equipment, then the contractor shall require their subcontractor to obtain a minimum of two quotes for the supply of the materials and/or rentals of equipment. The contractor will include the subcontractors provided quotes as part of the modification’s proposal substantiation. (5) The contractor is expected to obtain and provide with the proposal a minimum of two quotes from subcontractors for each portion of the modification work that the contractor plans to subcontract.

(End of clause)

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020)

(a) Definitions. “Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR 127), 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.

“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, WOSB concerns eligible under the WOSB Program;

(2) Part or parts of a multiple-award contract that have been set aside for WOSB concerns eligible under the WOSB Program;

(3) Orders set aside for WOSB concerns eligible under the WOSB Program, under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to WOSB concerns eligible under the WOSB Program under multiple-award contracts as described in 19.504(c)(1)(ii).

(c)General.

(1) Offers are solicited only from WOSB concerns eligible under the WOSB Program.

Offers received from concerns that are not WOSB concerns eligible under the WOSB program shall not be considered.

(2) Any award resulting from this solicitation will be made to a WOSB concern eligible under the WOSB Program.

(3) The Contracting Officer will ensure that the apparent successful offeror has provided the required documents to the WOSB Program Repository. The contract shall not be awarded until all required documents are received.

(d) Limitations on subcontracting. A WOSB concern eligible under the WOSB Program agrees that in the performance of the contract for-

(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 cost of materials).

(e)A WOSB concern eligible under the WOSB Program 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.]

__X_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 a WOSB concern eligible under the WOSB Program 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 WOSB participant of the joint venture is designated in the System for Award Management as a WOSB 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 a WOSB concern eligible under the WOSB Program 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 WOSB;

(iv) Specifying the responsibilities of the parties with regard to contract performance, sources of labor, and negotiation of the WOSB contract; and

(v) Requiring the final original records be retained by the managing venturer upon completion of the WOSB contract performed by the joint venture.

(4) The joint venture must perform 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 WOSB concern eligible under the WOSB Program or joint venture.

(End of clause)

52.219-8 Utilization of Small Business Concerns. (OCT 2018)

52.219-28 Post-Award Small Business Program Rerepresentation. (MAR 2020)

(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

(d) 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 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 any of the small business concerns identified in

19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon 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) If the Contractor represented that it was any of the small business concerns identified in

19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple- award contract.

(d) 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(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at http://www.sba.gov/content/table-small business-size- standards.

(e) 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.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) 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, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) 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 (f) or

(h) of this clause.

(h) 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 rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is,[ ] is not a small business concern under NAICS

Code [ ] assigned to contract number [ ].

(2) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause) The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.) The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.

(Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.) The Contractor represents that-

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating…