Provisions & Clauses.pdf

140P5520R0003 Page 1

Table of Contents

PART I - THE SCHEDULE…… ........................................................................................................................ 1-3

SECTION A - SOLICITATION/CONTRACT FORM .................................................................................... 1-3

SF 1442 SOLICITATION, OFFER, AND AWARD NOTICE: SET-ASIDE FOR, Small Business Set-Aside (Construction, Alteration, or Repair) ...................................................................................................................... 1-3

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

B.2 SUPPLIES AND/OR SERVICES TO BE FURNISHED

B.3 CONSIDERATION -- FIXED-PRICE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF OBJECTIVES/SPECIFICATIONS

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE .................................................................................... 11-14

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OFWORK ALT 1 (APR 1984)...11 F.3 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS (MAY 2014) .................................11-14

F.4 PRINCIPAL PLACE OF PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

G.2 INVOICES

G.3 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

SECTION H - SPECIAL CONTRACT REQUIREMENTS ........................................................................ 16-20

H.1 EXCERSIZE OPTIONS………………………………………………………………………………………16

H2 EXECUTIVE ORDER 13513 PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC

EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING (OCT 2009)

H.3 1452.228-70 LIABILITY INSURANCE (JUL 1996)

H.4 1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT – DEPARTMENT OF THE

INTERIOR (JUL 1996)

H.5 WAGE DETERMINATION

H.6 SAFETY

H.7 PAYROLLS

H.8 OPERATION OF FACILITY DURING CONSTRUCTION

H.9 WORK HOURS

H.10 USE OF PREMISES

H.11 MAXIMUM WORK WEEK

H.12 SAMPLES AND CERTIFICATES

H.13 DISPOSAL

H.14 CONTRACTOR EMPLOYEES ................................................................................................................ 18-19

H.15 PERMITS

H.16 QUALITY OF WORK

H.17 COMPLETION OF WORK

140P5520R0003 Page 2

H.18 MATERIAL APPROVAL SUBMITTALS

H.19 ARCHEOLOGICAL FINDINGS

H.20 PROGRESS MEETINGS

H.21 OPERATION OF FACILITY DURING CONSTRUCTION

H.22 EXCAVATION AND UTILITY CLEARANCES

PART II - CONTRACT CLAUSES ................................................................................................................ 21-46

SECTION I - CONTRACT CLAUSES .......................................................................................................... 21-46

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ............................... 21-22

I.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018) ..................................................................................................................................... 22-23

I.3 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

I.4 52.216-25 CONTRACT DEFINITIZATION (OCT 2010) .......................................................................... 23-24

I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

I.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) ........ 25-26

I.8 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

I.9 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT (DEC 2010) ................................................................................................................................................ 26-27

I.10 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008) ................................................................................................................ 27-28

I.11 52.228-1 BID GUARANTEE……………………………………………………………………………...….28

I.12 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010) .................... 28-29 I.13 52.232-16 PROGRESS PAYMENTS (APR 2012) .................................................................................... 29-34 I.14 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017) .......................... 34-41

I.15 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.16 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

I.17 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

I.18 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

I.19 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ...................... 42-43 I.20 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) ................................................................. 43-44

I.21 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.22 1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR

I.23 CONTRACTING OFFICER REPRESENTATIVE

I.24 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS ............................................... 45-46

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS ......................................................................... 48-58

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS ....................................................................................................................................................... 48-58 K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION ........................................... 48-49 K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2019)..................................49-52 K.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) ...................... 52-54 K.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) ......................... 54-55 K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (OCT 2014) ....................................... 55-58

K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

140P5520R0003 Page 3

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS .............................. 59-62

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

L.4 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT --CONSTRUCTION MATERIALS

(MAY 2014)

L.5 52.233-2 SERVICE OF PROTEST (SEP 2006) .......................................................................................... 60-61

L.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.7 PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS .................................................... 61-62

SECTION M - EVALUATION FACTORS FOR AWARD ......................................................................... 61-63

SECTION M – EVLAUTAION FACTORS FOR AWARD……………………………………………………62-63

140P5520R0003 Page 4

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

SCHEDULE A – Replace the Polvorin fencing, install new fence and remove trees, San Juan National Historic Site, Old San Juan, Puerto Rico

B.2 SUPPLIES AND/OR SERVICES TO BE FURNISHED

1) All necessary supervision, personnel, equipment, tools, transportation, supplies, materials, permits and incidentals required to perform the work of the contract in a safe, professional, sanitary manner and to satisfactorily complete the work of this project.

2) Any additional pedestrian or vehicular controls to restrict visitors from accessing the work areas.

B.3 CONSIDERATION -- FIXED-PRICE

The total firm-fixed price of this contract is $ _______________________

ITEM DESCRIPTION EST

QTY UNITS UNIT PRICE TOTAL

PRICE

1 BASE

Remove existing fence, install new fence and remove trees 1 job

CONTRACT DESIGNATION AMOUNT OFFERED

TOTAL PRICE $

140P5520R0003 Page 5

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK/SPECIFICATIONS

The performance work statement and wage determination are attached and listed in Section J as Attachment 2-3

140P5520R0003 Page 6

SECTION D - PACKAGING AND MARKING

D.1 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information forms, reports, etc., to the Contracting Officer or the Contracting Officers Representative shall be paid by the Contractor.

D.2 MARKING

All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.

140P5520R0003 Page 7

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

FAR 52.246-12 Inspection of Construction (reference only) FAR 52.236-13 Inspection – Dismantling, Demolition or Removal of Improvements (reference only)

E.2 INSPECTION AND ACCEPTANCE

Final inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative at:

Inspection: San Juan National Historic Site, 501 Norzagaray Street, San Juan, Puerto Rico, 00901

Acceptance: (Same as Above)

For the purpose of this clause, the Contracting Officer's Representative (COR) named in the Designation of COR clause in this contract is the representative of the Contracting Officer. The Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representatives. Should such occur, the Contractor will be notified by a written notice.

140P5520R0003 Page 8

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS

FOR CONSTRUCTION APR 2015

52.227-4 PATENT INDEMNITY – CONSTRUCTION CONTRACTS DEC 2007

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS MAY 2014

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.242-14 SUSPENSION OF WORK. APR 1984

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK, ALT 1 (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 6/18/2020. The time stated for completion shall include final cleanup of the premises.

F.3 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS (MAY 2014)

(a)Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio

140P5520R0003 Page 9 evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

140P5520R0003 Page 10

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

140P5520R0003 Page 11

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

F.4 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at: See Performance Work Statement

140P5520R0003 Page 12

G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer (CO):

Name: Lara Wood Phone: 828.243.3466 Email: Lara_Wood@nps.gov

Contracting Officer's Representative (COR): TBD

G.2 INVOICES

DOI ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

Beginning May 1, 2011, payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP). Payment terms for existing contracts and orders awarded prior to May 1 remain the same. The Contractor must use IPP for contracts and orders awarded May 1 and later, and must use the non-IPP invoicing process for those contracts and orders awarded prior to May 1.

Copy of the Vendor’s Commercial Invoice

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 must submit to the CO and the COR the payroll for the general contractor and any applicable sub-contractors and an updated schedule.

The contractor must us 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 instruction via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 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 Office with its proposal or quotation.

140P5520R0003 Page 13

G.3 TECHNICAL DIRECTION

The performance of the work required herein shall be subject to the technical direction and surveillance of the COR or his designee. As used herein, "technical direction" is direction to the Contractor which requires pursuit of certain lines of inquiry, filing in details or otherwise serving to accomplish the contract specifications. The technical direction, to be valid:

(a) Must be issued in writing consistent with the general scope of the work set forth in the contract;

(b) May not constitute a new assignment of work changes to the expressed terms, conditions, or specifications incorporated into this contract; (c) Shall not constitute a basis for extension of the contract delivery schedule. Nothing contained in this part authorizes the Contractor to incur costs in excess of the contract price or other limitation of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor: 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.

G.4 CORRESPONDENCE

Any correspondence initiated by the Contractor shall include the Contract Number and shall be addressed to the CO (original and one copy) at the address provided in the clause entitled "Contractor Administration”.

140P5520R0003 Page 14

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 EXCERSIZE OPTIONS

The government intends to exercise the options if funding becomes available. This may be at time of award or at a later date within the period of performance of the contract. Options may be exercised during the performance of the base requirement or after the completion of the base requirement and within the contract period of performance. The government reserves the right to exercise all, some, or none of the options and may exercise them all at once or incrementally.

H.2 EXECUTIVE ORDER 13513 PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC

EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING (OCT, 2009)

This Executive Order introduces a Federal Government-wide Prohibition on the use of text messaging while driving on official business or while using Government –supplied equipment. Additional guidance enforcing the ban will be issued at a later date.

In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or – rented vehicles, government-owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on the behalf of the government.

H.3 1452.228-70 LIABILITY INSURANCE (JUL 1996)

(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:

$100,000.00 each person* $500,000.00 each occurrence* $1,000,000.00 property damage*

(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.

H.4 1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT. - DEPARTMENT OF THE INTERIOR

(JUL 1996)

Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

H.5 WAGE DETERMINATION

In the performance of this contract the Contractor shall comply with the requirements of U.S. Department of Labor Wage Determination Numbers PR20200001 which is contained as Attachment 3 to this solicitation.

140P5520R0003 Page 15

H.6 SAFETY

The Contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Occupational Safety and Health Act (OSHA) or Federally approved State equivalent(s) thereof; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA) and Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

Safety Plan

(a) Contractor shall submit a Site‐specific Safety Plan for the work prescribed in this contract. If a general company health and safety plan exists, submit that as well.

(b) The plan shall designate a competent individual capable of overseeing and understanding worker safety and the hazards associated with this type of work to implement the plan.

(c) The plan shall contain a diagram with narrative for pedestrian and vehicular control during the work. Note where and what type of controls will be used to protect visitors or employees from the work.

(d) The plan shall describe the potential hazards of the work site for each phase, along with all company policies, controls, work practices selected to minimize those hazards and detail the implementation of the plan.

(e) The plan shall contain at a minimum company policy or goals statement, list of responsible persons, hazard identification, hazard controls and safe practices, emergency and accident response, employee training and communication as well as recordkeeping procedures.

H.7 PAYROLL

The Contractor must furnish copies of his weekly payrolls to the CO. Payroll submission is required weekly, seven (7) days after close of payroll period.

H.8 OPERATION OF FACILITY DURING CONSTRUCTION

Construction activities must not interrupt the function and day-to-day operations of the facility during construction.

The contractor must coordinate with the Project Inspector for any temporary measures. All temporary measures employed shall be at the Contractor's expense and shall be removed upon completion of the contract.

H.9 WORK HOURS

Normal work hours are from 7:30 a.m. through 4:00 p.m., Monday through Friday. Contractor will not be permitted to work at the job site on Saturday, Sunday or legal holidays unless otherwise authorized by the CO. No work will be allowed when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Work outside of normal business hours shall be preapproved by the Contracting Officer and the COR.

The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

The contractor is not authorized to work at the site on Federal Holidays unless specifically authorized in writing by the NPS Contracting Officer. Requests to work over a holiday must be received no less than 5 working days prior to the holiday.

140P5520R0003 Page 16

H.10 USE OF PREMISES

(a) Contractor shall have full use of premises for construction operations, including use of Project site, during construction period. Contractor's use of premises is limited only by the Government's right to perform work or to retain other contractors on portions of the project.

(b) Confine on-site material storage, equipment and vehicle parking, and staging area to areas specifically designated by the COR. For other areas, provide written request to the COR five days prior to occupying these areas.

(c) Keep job site clear of trash and debris. Dispose of any trash, debris and other unusable material legally at authorized facilities on non-Federal land. Provide a construction dumpster for this work. Food trash and debris shall be placed in the appropriate receptacles at the end of each day- not a construction dumpster.

(d) Contractor shall at all times conduct his operations to ensure the least inconvenience to the public and employees.

(e) Contractor shall make provisions to allow continued use of the general area outside the specific construction zone surrounding the building and access to sidewalks, etc.

(f) Contractor shall provide adequate signing and barricades and take necessary safety measures to protect the public during all construction operations. Contractor shall minimize disturbance of all undisturbed areas.

(g) Contractor shall provide temporary restrooms for project personnel through the performance period.

H.11 MAXIMUM WORK WEEK

The maximum workweek that will be approved is 40 hours. The Contractor's proposed hours of work are to include daily starting and stopping times.

H.12 SAMPLES AND CERTIFICATES

When required by the specifications or the contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall both be used in the work until approved in writing by the Contracting Officer.

H.13 DISPOSAL

Debris, rubbish, and non-usable material resulting from under this contract shall be disposed in a manner that meets federal, state and local laws.

H.14 CONTRACTOR EMPLOYEES

(a) The Contractor shall provide the Contracting Officer with the name(s) of responsible the responsible supervisor authorized to act for the Contractor.

(b) The Contractor shall furnish sufficient personnel to perform, supervise and manage all work.

(c) Assign a competent and experienced person to oversee the safety on and construction of this project with the authority to stop or correct work due to safety concerns, unsatisfactory materials or workmanship.

(d) All personnel performing work shall be fully qualified and experienced in the type of work to be executed in this contract.

When applicable, personnel shall be certified in the necessary work for which being performed by that person. The COR may at any time request copies of necessary certifications.

(e) Contractor employees shall conduct themselves in a proper, efficient, courteous and business-like manner.

(f) The Contractor shall remove from the site any individual whose continued employment is deemed by the contracting Officer to be contrary to public interest or inconsistent with the National Park Service.

(g) Horseplay, rough housing, and other inappropriate behavior shall not be tolerated.

140P5520R0003 Page 17

(h) Headphones shall be used if music is desired.

H.15 PERMITS

The contractor shall, without additional expense to the government, obtain all appointments, licenses, and permits required to perform work under this contract. The Contractor shall comply with federal, state and local laws. Evidence of such permits and licenses shall be provided to the Contracting Officer before work commences, or as requested.

H.16 QUALITY OF WORK

Workmanship shall be of the highest quality and best practices of the trade. Contractor shall conform to all requirements of the state and county code, ANSI A10.6 and applicable codes of the National Fires Protection Association. All replacement materials shall conform to the manufacturer specifications and standards. Substitute items shall be equal to or better that the original material and must be approved by the Government.

H.17 COMPLETION OF WORK

The time stated for completion of the project includes all material procurement, payroll records, corrections of all discrepancies (Punch List Items), and final walk through on premises as stated in the clause "Commencement, Prosecution and Completion of Work", FAR 52.211-10 (APR 1984) Section F.

H.18 MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the clause herein entitles "Materials and Workmanship", FAR 52.236-5 (APR 1984), Section I, shall be submitted to the Contracting Officer through the COR in two (2) copies. The Transmittal Form USDI, National Park Service shall be used. Contractor shall re-submit any disapproved submittals within seven (7) calendar days of disapproval.

H.19 ARCHEOLOGICAL FINDINGS

Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found within the construction area, are the property of and will be removed and only by the Government. Should Contractor's operations uncover or his employees find any archeological remains, Contractor shall suspend operations at the site of discovery; notify Contracting Officer immediately of the findings; and continue operation in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for the contractor, he will be compensated by an equitable adjustment under the General Provision of the Contract.

H.20 PROGRESS MEETINGS

(a) The Contractor shall be available to meet with the CO or his/her representative at the job site during construction to discuss work progress.

(b) Meetings will be scheduled by the CO with timely notification to the Contractor.

(c) At the progress meetings, the Contractor shall give oral reports of the progress on the project to the CO. If the work is behind schedule, the Contractor shall be prepared to (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule; or, if necessary (iii) to propose a revised work schedule.

H.21 OPERATION OF FACILITY DURING CONSTRUCTION

140P5520R0003 Page 18

Construction activities must not interrupt the function and day-to-day operations of the facility during construction. The contractor must coordinate with the Project Inspector for any temporary measures. All temporary measures employed shall be at the Contractor's expense and shall be removed upon completion of the contract.

H.22 EXCAVATION AND UTILITY CLEARANCES

The Chief of Maintenance, for each park, shall ensure that the Contractor is provided with necessary excavation and utility clearances. The Contractor shall request such clearances and staking in writing to the Contracting Officer no less than ten (10) calendar days prior to the date which he/she anticipates commencement of work. The Contractor will not proceed with excavation of any kind until such clearances have been issued. Clearances will be valid from the date of issue or completion of, or otherwise directed by the issuing authority.

140P5520R0003 Page 19

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-7 ANTI-KICKBACK PROCEDURES MAY 2014

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS. APR 2014

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-

TIER SUBCONTRACT AWARDS OCT 2018

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. OCT 2018

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS DEC 2014

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUB-

CONTRACTING WITH CONTRACTOR’S DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT OCT 2015

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS NOV 2015

52.214-18 PREPARATION OF BIDS—CONSTRUCTION APR 1984

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT OCT 1997

52.216-24 LIMITATION OF GOVERNMENT LIABILITY APR 1984

52.216-25 CONTRACT DEFINITIZATION OCT 2010

52.219-14 LIMITATIONS ON SUBCONTRACTING JAN 2017

52.219-28 POST AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION JUL 2013

52.222-3 CONVICT LABOR JUN 2003

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018

52.222-7 WITHHOLDING OF FUNDS MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS AUG 2018

52.222-9 APPRENTICES AND TRAINEES. JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS). MAY 2014

52.222-12 CONTRACT TERMINATION - DEBARMENT. MAY 2014

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED REGULATIONS MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY. MAY 2014

52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR 2015

52.222-26 EQUAL OPPORTUNITY SEPT 2016

52.222-35 EQUAL OPPORTUNITY VETERANS OCT 2015

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES. JUL 2014

52.222-37 EMPLOYMENT REPORTS ON VETERANS FEB 2016

140P5520R0003 Page 20

52.222-50 COMBATING TRAFFICKING IN PERSONS JAN 2019

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION OCT 2015

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 DEC 2015

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION MAY 2011

52.223-6 DRUG-FREE WORKPLACE. MAY 2001

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN

TEXT MESSAGING WHILE DRIVING. AUG 2011

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. JUN 2008

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-11 PLEDGES OF ASSETS AUG 2018

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS JUL 2000

52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014

52.232-16 PROGRESS PAYMENTS, ALT 1 APR 2012

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS JAN 2017

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR

AWARD MANAGEMENT OCT 2018

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.233-1 DISPUTES MAY 2014

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION NOV 1991

52.236-26 PRECONSTRUCTION CONFERENCE. FEB 1995

52.243-4 CHANGES JUNE 2007

52.243-5 CHANGES AND CHANGED CONDITIONS APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS OCT 2018

52.246-13 INSPECTION—DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS AUG 1996

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS

(OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and https://www.acquisition.gov/

140P5520R0003 Page 21

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years.

Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

I.3 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding ____________________ dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is ___________ dollars.

I.4 52.216-25 CONTRACT DEFINITIZATION (OCT 2010)

(a) A ______________ [insert specific type of contract] definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a _________ [insert specific type of proposal; (e.g., fixed-price or cost-and-fee)] proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is [insert target date for definitization of the contract and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of make-or-buy and subcontracting plans and certified cost or pricing data]:

140P5520R0003 Page 22

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer’s determination of price or fee, the contract shall be governed by --

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer’s determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with subparagraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within

I.6 52.219-6 – NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(a) Definition. “Small business concern,” as used in this clause, 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 size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).*

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small

140P5520R0003 Page 23 business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

I.7 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 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…