Base_Sol_140P6220B0002.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

Missouri MABO

Attn: Neal Hause 11 North 4th Street St. Louis, MO 63102

Neal Hause 314-655-1609 x

07/08/2020

140P6220B0002

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

Description: Work will consist of providing all labor, qualified supervision, material, tools, equipment, supplies and incidentals to disconnect the Visitor

Center HVAC system from the existing geothermal piping loop and replace the geothermal loop with a new fluid cooler and natural gas boiler located near the existing Maintenance Building. Existing piping within the Visitor Center will be generally replaced. Existing heat pumps will be replaced, and an attic ductless split system will be replaced with heat pump units. Energy recovery ventilators will be added.

Section B, Schedule B shall be completed and returned with bid.

Be sure to complete Blocks, 14 thru 20c on page two of the SF1442 and submit with you bid.

The NAICS code for this project is 238220 and the small business size standard is

$16.5 Million.

This solicitation is advertised as a HUBZone 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.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

08/10/2020

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

NPS, MWR - Missouri MABO 11 North 4th Street

St Louis MO 63102

PMM

Michael Schreiber

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 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P6220B0002

The estimated price range for this contract is between $1,000,000 and $5,000,000.

Completion Time: 180 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 bids in an email to Neal Hause at neal_hause@nps.gov. There is a 25 MB maximum per email. Be sure the subject of the email does list the solicitation number. If submitting hardcopy, send to the address in Block 8.

The Bid Opening Date is 10 August 2020 at 2:00 PM

CT. The current plan is for the bid opening to be

"Open to the Public" (while following the then current CDC recommendations) in a theater that will allow us to maintain the 6-foot distance and stay within allowable capacities. If you plan to attend the bid opening, please send an email to neal_hause@nps.gov at least two days prior to the actual bid opening. This is necessary to ensure we have adequate space to accommodate the numbers that will be in attendance.

The project is located at Fort Smith National

Historic Site, Sebastian County, Arkansas

Site Visit Dates: 21 and 22 July 2020. This will be the only two days available to schedule a site visit. The times will be on a first come first serve basis.

Site Visit Location: Fort Smith National Historic

Site, Fort Smith, Arkansas.

Site Visit Instructions: Site visits will be conducted by appointment only on 21 and 22 July.

Those wishing to attend a site visit must contact

Darin Huggins at 479-226-3713 or by email at darin_huggins@nps.gov. The number of individuals per scheduled visit is two (2) individuals. Be sure to provide Darin with your company name, company address, company contact information and the point of contact. The individuals attending are required to have the proper equipment to meet

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 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P6220B0002 the current CDC recommendations. No equipment will be provided by the government.

Please enter your DUNS: _________________________

METHOD AND INSTRUCTIONS FOR SUBMITTING OFFER:

This will be a Sealed Bid acquisition, and Bids along with associated paperwork required by the government must be provided prior to the date and time of the Bid Opening. Refer to the provisions and clauses that reference sealed bidding process contained in the solicitation. By submitting a bid, the contractor agrees that they will follow the specifications provided and complete the work accordingly. Bid packages will be accepted via email to neal_hause@nps.gov and in hard copy via hand delivery or mail/express delivery to the address in Block 8 of the form SF1442. Electronic submissions will be accepted via email to neal_hause@nps.gov.

QUESTIONS: The prospective bidders are required to submit their questions via email to Neal Hause at neal_hause@nps.gov. The email does need to include the solicitation number 140P6220B0002 in the subject block of the email. Not doing so could delay the response. All questions must be submitted in writing and received Not Later Than

7 calendar days prior to the solicitation close date. Questions will be collected and consolidated, being publicized via an amendment to the solicitation.

FOB: Destination

Legacy Doc #: NPS

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

Sponsored by GSA

FAR (48 CFR) 53.110

140P6220B0002 HVAC Replacement VC - FOSM Page 5 of 47

Special Notice for Bidders 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (Jan 2017) Section B: Supplies or Services/Pricing Section C: Description/Specifications/Statement of Work Section D: Packaging and Marking Section E: Inspection and Acceptance 52.246-12 Inspection of Construction (AUG 1996) 52.246-21 Warranty of Construction. (MAR 1994) Section F: Deliveries or Performance 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.242-14 Suspension of Work. (APR 1984) Section G: Contract Administration Data Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (APR 2013) 1452.201-70 Authorities and delegations. (SEP 2011) Section H: Special Contract Requirements 52.204-14 – Service Contract Reporting Requirements. (Oct 2016) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems. (Jun 2016)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD (MAR 2020)

52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020)

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) 52.222-40 – Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010) 52.222-50 Combating Trafficking in Persons. (Jan 2019) 52.222-54 – Employment Eligibility Verification. (Oct 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2017) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223-1 Biobased Product Certification (May 2012) 52.223-3 -- Hazardous Material Identification and Material Safety Data. (Jan 1997) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace (May 2001) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items 52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020) 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) 52.223-20 Aerosols. (Jun 2016) 52.223-21 Foams. (Jun 2016) 52.225-9 Buy American Act - Construction Materials. (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC. 2007) 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) (Deviation APR 2020) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds -- Construction (OCT 2010) (Deviation APR 2020) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts. (May 2014) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims. (May 2014) 52.232-27 Prompt Payment for Construction Contracts. (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management. (Oct 2018)

140P6220B0002 HVAC Replacement VC - FOSM Page 6 of 47 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes. (JUL 2002) - Alternate I (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-8 Other Contracts -- (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Items. (Aug 2019) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (Apr 2012) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 1452.203-70 Restrictions on Endorsements. (JUL 1996) 1452.204-70 Release of Claims (JUL 1996) 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984) 1452.228-70 Liability Insurance (JUL 1996) Section J: List of Documents, Exhibits and Other Attachments Section K: Representations, Certifications, and Other Statements of Bidders 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-7 – Information Regarding Responsibility Matters (Oct 2018) Section L: Instructions, Conditions, and Notices to Bidders

52.204 – 7 Systems For Award Management 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-22 Alternative Line Item Proposal. (Jan 2017) 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions. (Jun 1988) 52.214-3 -- Amendments to Invitations for Bids (Dec 2016) 52.214-4 False Statements in Bids (APR 1984) 52.214-5 --Submission of Bids (Dec 2016) 52.214-6 Explanation to Prospective Bidders (APR 1984) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (NOV 1999) 52.214-12 Preparation of Bids (APR 1984) 52.214-18 Preparation of Bids -- Construction (APR 1984) 52.214-19 Contract Award -- Sealed Bidding -- Construction (AUG. 1996) 52.214-34 Submission of Offers in the English Language. (APR 1991) 52.214-35 Submission of Offers in U.S. Currency. (APR 1991) 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 Act Requirement - Construction Materials. (May 2014) - Alternate I (May 2014) 52.233-2 --Service of Protest Department of the Interior (JUL 1996) (Deviation) 52.236-27 Site Visit (Construction) (FEB 1995) Alternate I (FEB 1995) 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.252-5 – Authorized Deviations in Provisions (Apr 1984) Section M – Evaluation Factors for Award:

140P6220B0002 HVAC Replacement VC - FOSM Page 7 of 47 Section A: Solicitation/Contract Form Invitation for Bids (IFB), 140P6220B0002, Solicitation for the Remove/Replacement of the HVAC at Fort Smith National Historic Site (FOSM), issued on Standard Form (SF) 1442, Solicitation, Offer, and Award document. Reference FAR 14.201-1 for Uniform Contract Format information.

Special Notice for Bidders Signing of the bid shall be deemed to be a representation by the bidder that:

1.) Bidder is a construction contractor who owns, operates, or maintains a place of business, regularly engaged in construction, alteration, or repair of buildings, structures, and communications facilities, or other engineering projects, including furnishing and installing of necessary equipment; or

2.) If newly entering into a construction activity, bidder has made all necessary arrangements for personnel, construction equipment, and required licenses to perform construction work as specified; and

3.) Upon request, prior to award, bidder will promptly furnish to the Government a statement of facts in detail as to bidder’s previous experience (including recent and current contracts), organization (including company officers), technical qualifications, financial resources and facilities available to perform the contemplated work.

4.) Due to the HUBZone Small Business Set-aside requirements established for this solicitation, bidder understands that they must currently be a HUBZone Small Business and registered as such in the System for Award Management (SAM) with current Representations & Certifications included there in order to be eligible for award.

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.

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

140P6220B0002 HVAC Replacement VC - FOSM Page 8 of 47

Section B: Supplies or Services/Pricing

Pricing Schedule Submit pricing for all items. 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.

Preparation of Bids: The Government will not be responsible for any costs incurred by offeror in the research, preparation, or submission of its bid.

Complete the Standard Form (SF) 1442: Offeror is to complete Blocks 14 through 20. Bidders shall include their SAM registered DUNS number in Block 10 of the SF1442 when submitting offer. Offeror must include original signature (electronic signature is acceptable) of individual authorized to sign for the company. Indicate the lump sum (total) proposal price in Block 17 and Schedule B. A detailed breakdown of the offeror’s proposal price (e.g., labor, materials, profit, overhead, and other pricing elements) are not requested at this time; however, may be requested by the Contracting Officer during the pre-award process. Bidders must acknowledge all solicitation amendments when submitting final bids.

Section C: Description/Specifications/Statement of Work

Item Description Unit Unit Cost

Total

10 Work will consist of providing all labor, qualified supervision, material, tools, equipment, supplies and incidentals to disconnect the Visitor Center HVAC system from the existing geothermal piping loop and replace the geothermal loop with a new fluid cooler and natural gas boiler located near the existing Maintenance Building. Existing piping within the Visitor Center will be generally replaced.

Existing heat pumps will be replaced, and an attic ductless split system will be replaced with heat pump units. Energy recovery ventilators will be added.

1 Lump Sum

GRAND TOTAL: $

140P6220B0002 HVAC Replacement VC - FOSM Page 9 of 47

See attached specifications, drawings and attachments. These attachments and changes made to these attachments are hereby incorporated into this section.

Section D: Packaging and Marking

Not Applicable

Section E: Inspection and Acceptance

Final Inspection, Substantial Completion, and Acceptance Procedures

(a) Request a final inspection in writing when a project or designated portion of a project is substantially complete. The Contracting Officer or the Contracting Officers Representative will proceed with the inspection within 10 days of receipt of the written request or will advise the Contractor of items that prevent the project from being substantially complete.

(b) If the work is determined to be substantially complete, following the final inspection. The Contracting Officer will prepare a Punch List and issue a Letter of Substantial Completion.

(c) If the work is not determined to be substantially complete following the final inspection, the Contracting Officer will notify the Contractor in writing. The Contractor shall request a new final inspection after completing the work. Re-inspection costs may be charged against the Contractor in accordance with the Inspection of Construction contract clause.

(d) The Contractor shall complete the Punch List within 30 calendar days, documented weather permitting unless the Contracting Officer agrees to a different time period.

(e) If the Contractor completes all items of work on the Punch List and all contractually required items, the Contracting Officer will issue Letter of Final Acceptance.

(f) If the Contractor fails to complete the work within the time frame, the Contracting Officer may correct the work with an appropriate reduction in contract price or charge for re-inspection costs in accordance with the Inspection of Construction contract clause.

52.246-12 Inspection of Construction (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for

140P6220B0002 HVAC Replacement VC - FOSM Page 10 of 47 performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

52.246-21 Warranty of Construction. (MAR 1994)

Section F: Deliveries or Performance

Work shall be completed by skilled personnel per industry standards and manufacturer specifications.

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days from receiving the Notice to Proceed unless a different completion date is negotiated and approved by modification to the contract. The time stated for completion shall include final cleanup of the premises.

52.236-15 Schedules for Construction Contracts (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall

140P6220B0002 HVAC Replacement VC - FOSM Page 11 of 47 immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

52.242-14 Suspension of Work. (APR 1984)

Section G: Contract Administration Data

(a)The Contracting Officer/Contract Specialist administrating the Contract:

Contract Administrator: Contracting Officer:

Neal Hause Michael Schreiber National Park Service-Missouri MABO National Park Service-Missouri MABO 11 North 4th Street 11 North 4th Street St. Louis, MO 63102 St. Louis, MO 63102 314-655-1609 314-655-1681 neal_hause@nps.gov michael_d_schreiber@nps.gov

(b) The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.

(c) Contractual problems, of any nature, which might occur during the life of the contract, must be handled in conformance with very specific public laws and regulations (e.g., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.

(d) Any request for contract changes/modifications shall be submitted to the CO.

(e) The contractor and the Government may agree to perform a no-cost field change. Field changes are made when the change appears to be mutually beneficial to all parties and would not require changing the negotiated line items. An example of a field change is: rerouting planned location of a sidewalk to avoid a tree (when quantities are not changed). All field changes must be approved by the CO prior to execution.

(f) All correspondence concerning this contract, such as requests for information (RFI), explanation of terms, and contract interpretation, shall be submitted to the CO.

Final Payment.

Final payment will be made only after receipt of all payrolls to include subcontractors, SF 1413 Statement of Acknowledgement for each subcontractor, project schedule, updated progress reports, material submittals, test reports, as-built drawings, and release of claims. Contractor must provide a signed copy of the 'Release of Claims' to the Contract Administrator upon submittal of final invoice.

Availability of Utility Services Notwithstanding the provisions of contract clause FAR 52.236-14, Availability and Use of Utility Services, all reasonable required amounts of water, gas, electricity, etc. are available for temporary connection. All temporary connections, outlets, meters and distribution lines as may be required will be installed by the contractor at the contractor's own expense. (See Attachment 1 - Specifications, Section 01 50 00 – Temporary Facilities and Controls)

Utility Conversation mailto:neal_hause@nps.gov

140P6220B0002 HVAC Replacement VC - FOSM Page 12 of 47 The contractor will be required to participate in government energy conservation programs. For the purpose of this contract, utilities such as water, electricity, etc., will be furnished by the Government. (See Attachment 1- Specifications, Section 01 50 00 – Temporary Facilities and Controls)

Occupational Safety and Health Act (OSHA) Inspections The contractor shall be subject to inspections under the OSHA program by inspectors of the Department of Labor.

LEGAL HOLIDAYS

The following legal holidays are observed by the National Park Service:

New Year Day 1 January Martin Luther King Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day 11 November Thanksgiving Day 4th Thursday in November Christmas 25 December

Note: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holiday falling on Sunday will be observed on the following Monday.

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (APR 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 Production Helpdesk via email ippgroup@bos.frb .org or phone

(866) 973-3131.

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

(End of Local Clause)

1452.201-70 Authorities and delegations. (SEP 2011)

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

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

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

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

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

Section H: Special Contract Requirements

52.204-14 – Service Contract Reporting Requirements. (Oct 2016) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to

(1) conditions bearing upon transportation, disposal, handling, and storage of materials;

(2) the availability of labor, water, electric power, and roads;

(3) uncertainties of weather, river stages, tides, or similar physical conditions at the site;

(4) the conformation and conditions of the ground; and

(5) the character of equipment and facilities needed preliminary to and during work performance.

The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including

140P6220B0002 HVAC Replacement VC - FOSM Page 14 of 47 all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding, or representation is expressly stated in this contract.

52.236-5 Material and Workmanship. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 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) 52.248-3 Value Engineering—Construction (Oct 2015)

Section 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) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) 52.204-13 System for Award management Maintenance (OCT 2018)

52.204-21 – Basic Safeguarding of Covered Contractor Information Systems. (Jun 2016)

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

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction

(CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

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(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations. (Nov 2015) 52.214-26 -- Audit and Records --Audit and Records -- Sealed Bidding (June 2020)

140P6220B0002 HVAC Replacement VC - FOSM Page 16 of 47 52.214-27 -- Price Reduction for Defective Certified Cost or Pricing Data -- Modifications -- Sealed Bidding (June 2020) 52.214-28 --Subcontractor Certified Cost or Pricing Data -- Modifications -- Sealed Bidding (June 2020) 52.214-29 - Order of Precedence -- Sealed Bidding (JAN 1986)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to-

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

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

(c) General.

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

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

52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD (MAR 2020)

(a) Definitions. See 13 CFR 125.1 and 126.103 for definitions of terms used in the clause.

(b) Applicability. This clause applies only to-

(1)Contracts that have been set aside or awarded on a sole source basis to, HUBZone small business concerns;

(2)Part or parts of a multiple-award contract that have been set aside for HUBZone small…