Sol_140P6019R0003.pdf

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, MWR - MWRO MABO

601 Riverfront Drive

Omaha NE 68102

PMH

National Park Service-MWR MABO

ATTN: Nicholas M Murray Contract Specialist nicholas_m_murray@nps.gov

Nicholas Murray 402-661-1698

1x 02/04/2019

140P6019R0003

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

The National Park Service, Midwest Region Major Acquisition Buying Office (MABO), is issuing this solicitation to request proposals to for the repair and resurfacing the of natural pavement walkway linking historic structures at Fort Larned National

Historic Site.

The work consists of Repair and resurfacing the natural pavement walkway linking historic structures of the fort, to provide unencumbered egress for visitors.

Elements of this work included grading, importing and placing aggregated and decomposed granite with stabilizer all work shall comply with the Architectural

Barriers Act (ABA). Work will be performed on the Kafka's Stabilizer Pathway gravel company streets encompassing the parade grounds. Pricing is to be prepared by Square

Foot as unit of measure.

THIS PROCUREMENT IS 100% SERVICE DISABLE VETERAN OWNED SMALL BUSINESS SET-ASIDE.

Type of Contract: One (1) Firm-Fixed Price Contract will be awarded on a best value basis.

NAICS CODE: 238110 (Poured Concrete Foundation and Structure Contractors).The small

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.)

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

03/08/2019

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

NPS, MWR - MWRO MABO

601 Riverfront Drive

Omaha NE 68102

PMH

Diana Vanderzanden

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 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P6019R0003 business standard is $15M. In accordance with FAR

36.204(b) the Project Magnitude is between

$25,000 and $100,000.

Contract Period of Performance: Estimated at 120 days

THE PROJECT IS SUBJECT TO THE DAVIS-BACON ACT:

General Decision Number: KS180042 11/30/2018 KS42

Superseded General Decision Number: KS20170042

State: Kansas

Construction Type: Heavy

Counties: Allen, Anderson, Atchison, Barber, Barton, Bourbon, Brown, Chautauqua, Cheyenne, Clark, Clay, Cloud, Coffey, Comanche, Cowley, Crawford, Decatur, Dickinson, Edwards, Elk, Ellsworth, Ford, Graham, Grant, Gray, Greeley, Greenwood, Hamilton, Harper, Haskell, Hodgeman, Jewell, Kingman, Kiowa, Labette, Lane, Lincoln, Logan, Marion, McPherson, Meade, Mitchell, Morris, Morton, Nemaha, Neosho, Ness, Norton, Osborne, Pawnee, Phillips, Pratt, Rawlins, Reno, Republic, Rice, Rooks, Rush, Russell, Scott, Seward, Sheridan, Sherman, Smith, Stafford, Stanton, Stevens, Thomas, Trego, Wallace, Washington, Wichita, Wilson and Woodson Counties in Kansas.

PAYMENT PROTECTIONS: A bid bond (SF- 24) at least

20 percent of the bid price. A performance bond

(SF-25) and payment bond (SF-25a) will be required 100% of the contract price and insurance will be required for this project.

A site visit prior to proposal submission is strongly encouraged. The site visit is scheduled for February 13, 2019 at 10:00am CST. All questions shall be submitted electronically to nicholas_m_murray@nps.gov no later than 3:00PM

CST, February 18, 2019. Proposals shall be received no later than 3:00 PM CST, March 08, 2019. Proposals shall be emailed to Nicholas M

Murray at nicholas_m_murray@nps.gov, hardcopies will not be accepted. Proposal shall be clearly marked with solicitation number 140P6019R0001 and the offerors DUNS number.

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P6019R0003

REQUIRED SUBMISSION DOCUMENTS:

1. Completed Section B of Solicitation (Itemized breakdown for each CLIN item to include labor hours, material, overhead, and profit.)

2. Signed SF-1442

3. Review all required vendor completed sections within the solicitation document and provide all requested documents and information in section L of the solicitation.

4. Estimated project schedule.

PLEASE BE ADVISED THAT THIS REQUIREMENT MAY BE

DELAYED, CANCELLED, OR REVISED AT ANY TIME DURING

THE PROCESS BASED ON DECISIONS RELATED TO THE

DEPARTMENT OF INTERIOR (DOI) AND NATIONAL PARK

SERVICE (NPS).

Legacy Doc #: NPS

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

Sponsored by GSA

FAR (48 CFR) 53.110

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 5 of 34

A - Solicitation/Contract Form All provisions and clauses provided by number and title only are hereby incorporated by reference, with the same force and effect as if they were given in full text. See 52.252-1 and 52.252-2

B - Supplies or Services/Prices Include all cost for materials, labor, expenses, fees, and taxes plus permitting costs, overhead and profit associated with each proposed item to construct the following areas of work in accordance with the contact documents. Note:

C - Description/Specifications See Attachment 0001 “A04 Statement of Work” See Attachment 0002 “A06 Specification_Stabilizer Solutions Pedestrian”

E - Inspection and Acceptance 52.246-12 Inspection of Construction. (APR 1996) 52.246-13 Inspection -Dismantling, Demolition, or Removal of Improvements (Aug 1996)

F - Deliveries or Performance 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984) 52.211-12 Liquidated Damages - Construction. (SEP 2000) 52.211-13 Time Extensions. (SEP 2000) 52.236-15 Schedules for Construction Contracts (Apr 1984)

G - Contract Administration Data Electronic Invoicing and Payment Requirements – Invoicing Processing Platform (IPP) (April 2013)

H - Special Contract Requirements

GREEN PROCUREMENT

SUBMITTALS

I - Contract Clauses 52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) 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 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (MAR 2015) (DEVIATION) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-22 – Alternative Line Item Proposal (Jan 2017) 52.209-06 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- Negotiations (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.219-14 Limitations on Subcontracting (Jan 2017) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) 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)

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 6 of 34

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. (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 – Equal Opportunity for Workers With Disabilities (Jul 2014) 52.222-37 -- Employment Reports on Veterans (Feb 2016) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2014) 52.222-62 Paid Sick Leave Under Executive Order 13706 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(SEP 2013)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

(Aug 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-9 Buy American - Construction Materials. (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-1 Bid Guarantee (Sep 1996) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance- Work on a Government Installation (Jan 1997) 52.228-11 Pledges of Assets (Aug 2018) 52.228-12 -- Prospective Subcontractor Requests for Bonds. (May 2014) 52.228-13 -- Alternative Payment Protections. (Jul 2000) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds- Construction (Oct 2010) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-5 -- Payments Under Fixed-Price Construction Contracts. (May 2014) 52.232-16 Progress Payments. (APR 2012) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jan 2017) 52.232-27 Prompt payment for construction contracts (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984)

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 7 of 34

52.236-13 Accident Prevention. (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-13 Bankruptcy (July 1995) 52.242-14 Suspension of Work. (APR 1984) 52.243-4 Changes (Jun 2007) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.244-6 Subcontracts for Commercial Items (Jan 2019) 52.246-21 Warranty of Construction. (MAR 1994) 52.248-3 Value Engineering-Construction (Oct 2015) 52.249-1 -- Termination for Convenience of the Government (Fixed-Price) (Short Form) –Alternate I .21 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.251-1 Government Supply Sources. (APR 2012) 52.252-2 Clauses Incorporated by Reference. (FEB 1998) (End of clause) 52.252-6 Authorized Deviations in Clauses (1984) 52.253-1 Computer Generated Forms. (JAN 1991) 1452.204-70 Release of Claims – Department of the Interior. (JUL 1996) 1452.228-70 Liability Insurance – Department of the Interior (JUL 1996)

J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders

52.204-8 Annual Representations and Certifications. (DEC 2014) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.219-1 Small Business Program Representations 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (Oct 2015) 52.236-28 -- Preparation of Proposals – Construction (Oct 1997)

L - Instructions, Conditions, and Notices to Bidders 52.204-7 System for Award Management. (JUL 2013) 52.204-16 Commercial and Government Entity Code Reporting. (JUL 2015) 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2015) 52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2004) 52.216-1 Type of Contract. (APR 1984) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.225-10 -- Notice of Buy American Requirement—Construction Materials 52.233-2 Service of Protest. (SEP 2006) 52.236-27 Site Visit (Construction) (FEB 1995)

M - Evaluation Factors for Award

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A - Solicitation/Contract Form

All provisions and clauses provided by number and title only are hereby incorporated by reference, with the same force and effect as if they were given in full text. See 52.252-1 and 52.252-2.

B - Supplies or Services/Prices

Include all cost for materials, labor, expenses, fees, and taxes plus permitting costs, overhead and profit associated with each proposed item to construct the following areas of work in accordance with the contact documents. Note:

(1) The government requires a breakdown of cost for each line item. A total price will be inserted on the line for each Line Item, including labor hours, material, overhead, and profit.

(2) Prices must be entered for all items of the schedule. Additions will be subject to verification by the Government.

(3) Realism is defined as costs in an offeror's proposal considered realistic for the work to be performed, reflecting a clear understanding of the requirements, and consistent with the various elements of the offeror's technical proposal (all Tabs other than Price).

ITEM DESCRIPTION QUANTITY UNIT PRICE

0010 Accessible Walkway Repairs 1 Job

ITEM 1: Total Material Cost $___________

ITEM 2: Total Labor Cost $___________

ITEM 3: Total Other Direct Cost $___________

ITEM 10: Total Overhead (____%) $___________

ITEM 11: Total Profit (____%) $___________

ITEM 12: Total Bonding (____%) $___________

TOTAL LUMP SUM PRICE $___________

- END OF SCHEDULE –

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 9 of 34

C - Description/Specifications

See Attachment 0001 “A04 Statement of Work”

See Attachment 0002 “A06 Specification_Stabilizer Solutions Pedestrian”

E - Inspection and Acceptance 52.246-12 Inspection of Construction. (APR 1996)

52.246-13 Inspection -Dismantling, Demolition, or Removal of Improvements (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 ten (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 one-hundred-twenty (120) days after the Contractor received the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $124.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.211-13 Time Extensions. (SEP 2000)

52.236-15 Schedules for Construction Contracts (Apr 1984)

G - Contract Administration Data

Electronic Invoicing and Payment Requirements – Invoicing 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

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 10 of 34 clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: http://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Vendor’s Invoice, along with any other supporting documentation as stipulated by the Contracting Officer.

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) 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 Officer with its proposal or quotation.

(End of Clause)

H - Special Contract Requirements

GREEN PROCUREMENT

To the extent that the construction services provided by the Contractor require provision of any of these types of products, the Contractor is expected to provide the green type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards.

The clauses at FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy Consuming Products, and 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts, require the use of products that have biobased content, are energy efficient, or have recycled content.

SUBMITTALS

If required, submittals shall be submitted within ten (10) calendar days of the notice to proceed being issued. This shall include, but not limited to, manufacturer’s instructions, drawings, and samples.

An electronic copy of the submittal and supporting documents shall be submitted via e-mail to the Contracting Specialist when possible. If the files are too large the contractor shall deliver the submittals via an alternate method of their preference, ensuring delivery within the 10 day time frame.

http://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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I - Contract Clauses

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006)

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 Contracting with Entities that Require Certain Internal Confidentiality Agreements (MAR 2015) (DEVIATION)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of Clause)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)

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

52.204-22 – Alternative Line Item Proposal (Jan 2017)

52.209-06 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- Negotiations (Oct 2010)

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

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.219-8 Utilization of Small Business Concerns (Oct 2018)

52.219-14 Limitations on Subcontracting (Jan 2017)

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

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 represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 13 of 34

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract;

and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Reprensentations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under 238170 (Siding Contractors) assigned to the subject contract. (Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 14 of 34

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. (APR 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

52.222-35 Equal Opportunity for Veterans (Oct 2015)

52.222-36 – Equal Opportunity for Workers With Disabilities (Jul 2014)

52.222-37 -- Employment Reports on Veterans (Feb 2016)

52.222-50 Combating Trafficking in Persons. (MAR 2015)

52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2014)

52.222-62 Paid Sick Leave Under Executive Order 13706.

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 15 of 34

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (Aug 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.225-9 Buy American - 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.

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 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

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 16 of 34 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 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

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 17 of 34

(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

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 18 of 34 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 or Balance of Payments Program.

(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

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).]

(End of clause)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

52.228-1 Bid Guarantee (Sep 1996)

52.228-2 Additional Bond Security (Oct 1997)

52.228-5 Insurance- Work on a Government Installation (Jan 1997)

52.228-11 Pledges of Assets (Aug 2018)

52.228-12 -- Prospective Subcontractor Requests for Bonds. (May 2014)

52.228-13 -- Alternative Payment Protections. (Jul 2000)

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 19 of 34

(a) The Contractor shall submit two of the following payment protections:

(i) A payment bond.

(ii) An irrevocable letter of credit (ILC).

(iii) A tripartite escrow agreement.

(iv) Certificates of deposit.

(v) A deposit of the types of security listed in 28.204-1 and 28.204-2.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of Clause)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

52.228-15 Performance and Payment Bonds- Construction (Oct 2010)

52.229-3 Federal, State, and Local Taxes (Feb 2013)

52.232-5 -- Payments Under Fixed-Price Construction Contracts. (May 2014)

52.232-16 Progress Payments. (APR 2012)

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 20 of 34

52.232-17 Interest (May 2014)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jan 2017)

52.232-27 Prompt payment for construction contracts (Jan 2017)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.233-1 Disputes. (MAY 2014)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-2 Differing Site Conditions. (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

52.236-14 Availability and Use of Utility Services. (APR 1984)

52.236-21 Specifications and Drawings for Construction (Feb 1997)

52.236-26 Preconstruction Conference. (FEB 1995)

52.242-13 Bankruptcy (July 1995)

52.242-14 Suspension of Work. (APR 1984)

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 21 of 34

52.243-4 Changes (Jun 2007)

52.243-5 Changes and Changed Conditions. (APR 1984)

52.244-6 Subcontracts for Commercial Items (Jan 2019)

52.246-21 Warranty of Construction. (MAR 1994)

52.248-3 Value Engineering-Construction (Oct 2015)

52.249-1 -- Termination for Convenience of the Government (Fixed-Price) (Short Form) – Alternate I

52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate

I (SEP 1996)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.251-1 Government Supply Sources. (APR 2012)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar or http://farsite.hill.af.mil

(End of clause)

52.252-6 Authorized Deviations in Clauses (1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Federal Acquisition Regulation or Department of Interior clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

52.253-1 Computer Generated Forms. (JAN 1991)

1452.204-70 Release of Claims – Department of the Interior. (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause) https://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 22 of 34

1452.228-70 Liability Insurance – Department of the Interior (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 for each person $50,000.00 for each occurrence $500,000.00 for 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.

(End of clause)

J - List of Documents, Exhibits and Other Attachments

Attachment Number Title

0001 A04 Statement of Work 0002 A06 Specification_Stabilizer Solutions Pedestrian

K - Representations, Certifications, and Other Statements of Bidders

52.204-8 Annual Representations and Certifications. (DEC 2014) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238110 (Poured Concrete Foundation and Structure Contractors).

(2) The small business size standard is $15M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 0 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the

Sol_140P6019R0003 FOLS_ Accessible Walkway Repairs Page 23 of 34 solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).

This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with…