Sol_140P6218Q0020.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 - Missouri MABO

11 North 4th Street

St Louis MO 63102

PMM

neal_hause@nps.gov

Neal Hause 314-655-1609

105/14/2018

140P6218Q0020

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

Description: Complete painting of the interior of the visitor center at Ulysses S.

Grant National Historic site. Apply as many coats as necessary to ensure that the new paint covers the old paint. Approximately 60,000 square feet of painting is involved for the building. Scrape, brush, or sand to remove all loose and deteriorated paints from surfaces to be repainted on the exterior of the Barn

(HS-3),(approximately 4400 Sq. Ft.), Ice House(HS-4)(approximately 400 Sq.Ft.) and

Chicken House(HS-5)(approximately 750 Sq.Ft.). Properly dispose of all paint debris. Prime exposed wood areas and paint a minimum of 2 coats (only brush painting will be permitted)

Section B, Schedule B shall be completed and returned with bid. Only one award will be made from this solicitation. The combined total of Line Item 10 and Line Item 20 will be used for the Price evaluation.

The NAICS code for this project is 2383200 and the small business size standard is

$15.0 Million.

This solicitation is advertised as 100% HUBZone Small Business Set-aside.

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 90 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

06/14/2018

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 - Missouri MABO 11 North 4th Street

St Louis MO 63102

PMM

Neal Hause

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 40

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P6218Q0020

The estimated price range for this contract is

$100,000 and $250,000.

Completion Time: 90 Days includes allowable days for weather, final inspection, completion of all punch list items and all clean-up.

The offeror is reminded their proposals must be submitted in legible form. The method is to submit proposals via email to Neal Hause at neal_hause@nps.gov.

The project is located at Ulysses S. Grant NHS, 7400 Grant Rd, St. Louis, Missouri.

Site Visit: Date: 31 May 2018. Time: 10:00 AM

Central Time.

Site Visit Location: Ulysses S. Grant NHS, 7400

Grant Rd, St. Louis, Missouri. Meet at the

Visitor Center.

IF YOU ARE PLANNING TO ATTEND, EMAIL NEAL HAUSE

AT NEAL_HAUSE@NPS.GOV . USE "Grant Painting" IN

THE SUBJECT LINE OF YOUR EMAIL AND INCLUDE THE

ANTICIPATED NUMBER OF PARTICIPANTS IN YOUR GROUP.

Please enter your DUNS:_________________________

QUESTIONS: All questions pertaining to this solicitation shall be submitted IN WRITING by e-mail to neal_hause@nps.gov or mailed to the address in Block 8. All questions must be submitted in writing not later than 5 calendar days prior to the solicitation close date.

FOB: Destination

Legacy Doc #: NPS

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

Sponsored by GSA

FAR (48 CFR) 53.110

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TABLE OF CONTENT

Bid Schedule Project work consists of:

Inspection and Acceptance Interim and Final Inspections:

Deliveries or Performance 52.211-10 Commencement, Prosecution, and Completion of Work April 1984 52.242-14 Suspension of Work April 1984 Contract Administration Data Department of the Interior Internet Payment Platform Clause:

Contract Administration A. Contract Administration:

Submittals Special Contract Requirements Contract Clauses 52.252-02 Clauses Incorporated by Reference ( FEB 1998) 52.202-01 Definitions (NOV 2013) 52.203-18 –Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.204-7 System for Award Management. (Oct 2016) 52.204-13 System for Award Management Maintenance.(Oct 2016) 52.204-16 Commercial and Government Entity Code Reporting. (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance.(Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications.(Dec 2014) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.(Nov 2015) 52.219-6 Notice of Total Small Business Set-Aside. (Nov 2011) 52.219-28 Post-Award Small Business Program Rerepresentation.(Jul 2013) 52.222-01 Notice to the Government of Labor Disputes (February 1997) 52.222-06 Construction Wage Rate Requirements (May 2014) 52.222-07 Withholding of Funds(May 2014) 52.222-08 Payrolls and Basic Records (May 2014) 52.222-09 Apprentices and Trainees (July 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)...10 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility(May 2014) 52.222-27 Affirmative Action Compliance Requirements for Construction.(Apr 2015) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.223-06 Drug-Free Workplace (May 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-20 Prohibition on Conducting Retsricted Business Operations in Sudan – Certification (Aug 2009) ...10 52.225-25 Prohibition on Contractiing with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications. (Oct 2015) 52.227-01 Authorization and Consent (Dec 2007) 52.227-02 Notice and Assistance Regarding Patent and Copy Infringement (Dec 2007) 52.228-2 Additional Bond Security (Oct 1997) 52.228-11 Pledges of Assets (Jan 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.232-23 Assignment of Claims. Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.233-01 Disputes (May 2014) 52.236-02 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work.(Apr 1984) 52.236-05 Material and Workmanship (Apr 1984) 52.236-07 Permits and Responsibilities November 1991 52.236-11 Use and Possession Prior to Completion April 1984

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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) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-26 Preconstruction Conference (Feb 1995) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation.(Apr 1984) 52.243- 5 Changes and Changed Conditions (Apr 1984) 52.246-12 Inspection of Construction (Aug. 1996) 52.246-21 Warranty of Construction (Mar 1994) 1452.204-70 -- Release of Claims DIAR 1452.228-70 - Liability Insurance—Department of the Interior (JUL 1996) 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.225-9 -- Buy American–Construction Materials. (May 2014) 52.232-5 -- Payments Under Fixed-Price Construction Contracts. (May 2014) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) Executive Order 13513 Text Messaging - Executive Order Prohibition on Text Messaging and using Electronic Equipment Supplied by the Government while Driving (Oct 2009) 52.213-4 -- Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items) (Jan 2017) 52.219-3 –Notice of HUBZone Set-Aside or Sole Source Award (Nov 2011) Alternate I (Nov 2011) 52.228-13 -- Alternative Payment Protections. (Jul 2000) 52.228-14 -- Irrevocable Letter of Credit. (Nov 2014) List of Documents, Exhibits and Other Attachments Representations, Certifications, and Other Statements of Bidders 52.252-01 Solicitation Provisions Incorporated by Reference 52.215-1 Instructions to offerors – competitive acquisitions (Jan 2017) 52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.204-8 Annual Representations and Certifications (Jan 2018) 52.211-6 -- Brand Name or Equal (Aug 1999) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 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. (May 2014) 52.236-27 -- Site Visit (Construction). (Feb 1995) 52.236-28 Preparations of Proposals—Construction (Oct 1997) Instructions, Conditions, and Notices to Bidders

1.0 General Information:

Evaluation Factors for Award

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Bid Schedule In case of error in the extension of prices, unit price governs. In case of error in summation, the total of the corrected amounts governs. Only one award will be made.

Please be sure the Overhead and Profit percentage and dollar amounts are accurate. Include the percentage of work done by HUBZone certified contractors.

Item Description Unit Unit Cost

Total

10 Contractor shall provide all tools, equipment, materials, labor, supervision, personnel and shall do all things necessary that will result in the completed painting of the interior of the visitor center at Ulysses S. Grant National Historic site. The interior of the visitor center does not have lead paint. Move furniture as needed to prep and paint interior walls and ceilings, and handrails in stairwells. The interior cupola has a maximum height of approximately 45 feet. Apply as many coats as necessary to ensure that the new paint covers the old paint. Approximately 60,000 square feet of painting is involved for the building.

1 Lump Sum $ $

(Not to include overhead and profit)

Percent of work completed by personnel of the prime contractor and/or HUBZone subcontractor:

20 Scrape, brush, or sand to remove all loose and deteriorated paints from surfaces to be repainted on the exterior of the Barn (approximately 4400 Sq. Ft.), Ice House (approximately 400 Sq.Ft.) and Chicken House (approximately 750 Sq.Ft.). Properly dispose of all paint debris. Prime exposed wood areas and paint a minimum of 2 coats (only brush painting will be permitted). Lightning arrestors and conductors are to remain unpainted.

1 Lump Sum $ $

(Not to include overhead and profit)

Percent of work completed by personnel of the prime contractor and/or HUBZone subcontractor:

Overhead percentage on both projects % Overhead Dollar

Amount:

Profit percentage on both projects: % Profit Dollar

Amount

GRAND TOTAL N/A N/A $

140P6218Q0020 Paint Interior of VC and Historic Buildings - ULSG Page 7 of 40

Project work consists of:

Complete painting of the interior of the visitor center at Ulysses S. Grant National Historic site. Apply as many coats as necessary to ensure that the new paint covers the old paint. Approximately 60,000 square feet of painting is involved for the building. Scrape, brush, or sand to remove all loose and deteriorated paints from surfaces to be repainted on the exterior of the Barn (HS-3),(approximately 4400 Sq. Ft.), Ice House(HS-4)(approximately 400 Sq.Ft.) and Chicken House(HS-5)(approximately 750 Sq.Ft.). Properly dispose of all paint debris. Prime exposed wood areas and paint a minimum of 2 coats (only brush painting will be permitted).

Inspection and Acceptance

Interim and Final Inspections:

1. Prior to covering, enclosing, or hiding any of type work, the Contractor may contact the COR to perform an interim inspection. Failure to contact the COR to perform an interim inspection prior to concealment may result in the Contractor being required to uncover performed work sufficiently to allow for proper inspection.

2. When ready for final inspection, the Contractor shall notify the CO and COR, requesting a final inspection in writing to the CO. The final inspection shall normally be requested a minimum of three (3) work days before the desired date or as otherwise negotiated with the Contracting Officer.

5. The final inspection will be onsite with the Contractor, the Contracting Officer’s Representative, and Contract Specialist/Contracting Officer (when possible).

Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work April 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 90 calendar days after receiving the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

52.242-14 Suspension of Work April 1984

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed—

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(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of Clause)

Contract Administration Data

Department of the Interior Internet Payment Platform Clause:

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

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

NONE

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 Customer Support via email IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP tor submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its quotation or quotation.

(End of Local Clause) http://www.ipp.gov/

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Contract Administration

A. Contract Administration:

No changes, deviations, or waivers shall be effective without a modification to the contract executed by the Contracting Officer authorizing such changes, deviations, or waivers. Administration of the contract will be performed at the following address:

Missouri Major Acquisition Buying Office (MABO) 11 North 4th Street St. Louis, MO 63102-1882

Submittals

1. Submittals shall be submitted within ten (10) calendar days after award. This shall include, but is not limited to, manufacturer’s instructions, drawings, and samples.

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

Special Contract Requirements

52.236-5 Material and Workmanship. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-6 -- Superintendence by the Contractor. Superintendence by the Contractor (Apr 1984)

Contract Clauses

52.252-02 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):

http://www.acquisition.gov/far/

OR

http://farsite.hill.af.mil

52.202-01 Definitions (NOV 2013) 52.203-18 –Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.204-7 System for Award Management. (Oct 2016) 52.204-13 System for Award Management Maintenance.(Oct 2016) 52.204-16 Commercial and Government Entity Code Reporting. (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance.(Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications.(Dec 2014) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.(Nov 2015) 52.219-6 Notice of Total Small Business Set-Aside. (Nov 2011) 52.219-28 Post-Award Small Business Program Rerepresentation.(Jul 2013) 52.222-01 Notice to the Government of Labor Disputes (February 1997) 52.222-06 Construction Wage Rate Requirements (May 2014) 52.222-07 Withholding of Funds(May 2014) 52.222-08 Payrolls and Basic Records (May 2014) 52.222-09 Apprentices and Trainees (July 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) http://farsite.hill.af.mil/

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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) 52.222-27 Affirmative Action Compliance Requirements for Construction.(Apr 2015) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.223-06 Drug-Free Workplace (May 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-20 Prohibition on Conducting Retsricted Business Operations in Sudan – Certification (Aug 2009) 52.225-25 Prohibition on Contractiing with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications. (Oct 2015) 52.227-01 Authorization and Consent (Dec 2007) 52.227-02 Notice and Assistance Regarding Patent and Copy Infringement (Dec 2007) 52.228-2 Additional Bond Security (Oct 1997) 52.228-11 Pledges of Assets (Jan 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.232-23 Assignment of Claims. Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.233-01 Disputes (May 2014) 52.236-02 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work.(Apr 1984) 52.236-05 Material and Workmanship (Apr 1984) 52.236-07 Permits and Responsibilities November 1991 52.236-11 Use and Possession Prior to Completion April 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) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-26 Preconstruction Conference (Feb 1995) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation.(Apr 1984) 52.243- 5 Changes and Changed Conditions (Apr 1984) 52.246-12 Inspection of Construction (Aug. 1996) 52.246-21 Warranty of Construction (Mar 1994)

1452.204-70 -- Release of Claims.

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)

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DIAR 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 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.

(End of clause) 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

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

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

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

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/02.htm#P9_576

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(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause) 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.

“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 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—

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(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 [Contracting Officer to list applicable excepted materials or indicate “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

(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;

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(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

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)

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

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(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if --

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that --

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

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(Name)

(Title)

(Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the “unearned amount”), the Contractor shall --

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until --

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as --

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after --

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

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(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A “contract action” is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be --

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

(End of Clause) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause) Executive Order 13513 Text Messaging - Executive Order Prohibition on Text Messaging and using Electronic Equipment Supplied by the Government while Driving (Oct 2009) Executive Order 13513 Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving As prescribed in Federal Leadership on Reducing Text Messaging While Driving 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.

(End of order)

52.213-4 -- Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items) (Jan

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2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(iii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(iv) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Jan 2017).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

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(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C.

793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37,…