Attchmt_3_Terms_and_Conditions.pdf

Solicitation no. 140P8318Q0076 – Attachment 3, Terms & Conditions (6/27/18)

Construct ABA Access at Hoh and Mora Campgrounds, OLYM

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PRICE SCHEDULE

This document serves as a general template. The contractor shall factor the lump sum price to include all labor, tools, equipment, materials, mobilization-in, mobilization-out, payment bond, overhead and profit (applicable to prime contractor and subcontractors) necessary for completing all work. All work shall be performed in accordance with these terms and conditions, and all attachments.

The Quoter shall submit a lump sum price for the line item below. Failure to do so may render the quote non-responsive. The

Government anticipates being able to evaluate solely based upon the overall lump sum prices quoted compared to the government estimate. However, the Government reserves the right to request breakdowns of the quoted lump sum price, such as labor, equipment, overhead, estimated quantities, and/or profit prior to award. If no line item exists for a portion of the work, include the cost in a relative line item. In case of error in summation, the total of the corrected line item amount governs.

Award will be made to one contractor in accordance with Sections L and M.

Line Items No. 1 through 6 comprise the work of the basic requirement.

Line Item No. A is an option item. The Government reserves the right to unilaterally award this option at time of or after award. The

Government has determined that the period for exercising the option at the quoted (or negotiated) price shall extend 60 calendar days from award of the base contract.

Line Item 01 1 Lump Sum $___________________

ABA compliant improvements adjacent to Hoh Campground Loop A comfort station

Line Item 02 1 Lump Sum $___________________

ABA compliant improvements to adjacent to Hoh Campground Loop B comfort station

Line Item 03 1 Lump Sum $___________________

ABA compliant improvements to two Hoh Campground campsites

Loop A: campsites #1 and #38

Line Item 04 1 Lump Sum $___________________

ABA compliant improvements to one Hoh Campground campsite

Loop B: campsite #42

Line Item 05 1 Lump Sum $___________________

ABA compliant improvements to two Hoh Campground campsites

Loop C: campsites #70 and #72

Line Item 06 1 Lump Sum $___________________

ABA compliant improvements adjacent to the Mora Campground Loop A-B comfort station

(OPTION) Line Item A 1 Lump Sum $___________________

Supply and Install pressure treated log bollards at the five campsites in the Hoh Campground:

Loop A campsites #1 and #38, Loop B campsite #42, and Loop C campsites #70, and #72.

B.2 ADDITIONAL INFORMATION. Quoters submitting quotes in response to this solicitation must have an active registration in the System for Award Management database (SAM.gov) and a DUNS number. Additional information can be found at:

https://sam.gov http://www.dnb.com/get-a-duns-number.html

(a) Insert your business name:

_______________________________________________________________________ and, DUNS number: _________________________ and, Complete contact information (e-mail address and phone number)

(b) My business is registered in SAM yes_______ no_______ (check one).

(c) We have filed the annual VETS-4212 report (yes__________ no_________ (check one).

The VETS-4212 reporting requirement applies to all contracts and subcontracts of $150,000 or more. Refer to policy at the

Federal Acquisition Regulation (FAR) Subpart 22.1302 available at https://www.acquisition.gov/?q=/browse/far/52; and to clauses included below in Section I.1 (52.222-37), I.7 (52.222-35), and I.8 (52.222-36).

(d) We are currently a small business concern* yes________ no________ (check one).

* The NAICS (North American Industry Classification System) code for this acquisition is 238220. The solicitation will be

100% Set Aside for Small Business. The small business size standard is $15 million.

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

C.1 SPECIFICATIONS is incorporated into this solicitation as Attachment no. 5, as referenced in Section J herein.

C.2 DRAWINGS are incorporated into this solicitation as Attachments no. 6, as referenced in Section J herein.

SECTION D – PACKAGING AND MARKING (this section not used)

SECTION E -- INSPECTION AND ACCEPTANCE

Clause (FAR) Title Date

52.246-12 Inspection of Construction August 1996

52.246-13 Inspection-Dismantling, Demolition, or Removal of

Improvement

August 1996

SECTION F -- DELIVERIES OR PERFORMANCE

Clause (FAR) Title Date

52.211-18 Variation in Estimated Quantity April 1984

52.242-14 Suspension of Work April 19984

F.2 52.211-10, Commencement, Prosecution, and Completion of Work (April 1984)

The Contractor shall be required to (a) commence work under this contract within 5 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. The time stated for completion shall include final cleanup of the premises.

*NOTE: The government anticipates making award the week of August 6th, and conducting the Pre-Construction Meeting as soon as can be scheduled (upon receipt of the awarded contractor’s bonds and certification of liability insurance), anticipating the pre-construction meeting can occur either in person or by teleconference the week of August 13th, 20th, or

27th. The government does not expect work to begin in August 2018, however, if it can be scheduled to start in August that would be beneficial for optimum weather late summer on the Olympic Peninsula. Ideally, work would start the week of

August 20th or 27th, but if that’s not possible, the government would like work to start as soon as possible after the Labor

Day holiday, the week of September 3rd. Contractor will have through end of November 2018 for completion.

F.3 Project Site Location

Work of this project occurs at two campgrounds in Olympic National Park on the Olympic Peninsula: Hoh Campground, near the Hoh

Rain Forest Visitor Center, and the Mora Campground (approximately an hour’s drive from the Hoh Visitor Center). The Hoh Rain

Forest Visitor Center physical address is 18113 Upper Hoh Road, Forks, WA 98331. The visitor center is approx. 30 miles from

Forks, WA. There is no physical address for the Mora Campground. Take Highway 101 to Highway 110. The Mora Campground is approximately 45 miles from the Hoh Rain Forest Visitor Center, off of US Highway 101, approximately 15 miles from Forks, WA.

Olympic National Park’s on-line maps are available at https://www.nps.gov/olym/planyourvisit/maps.htm. Also, searching in a map

App by “Hoh Campground” and “Mora Campground” should provide basic directions from any location.

52.252-2 Clauses Incorporated By Reference (Feb 1998)

This RFP and resulting 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 these addresses:

Federal Acquisition Regulation (FAR) https://www.acquisition.gov/?q=browsefar

Department of the Interior Acquisition Regulation (DIAR) http://www.ecfr.gov/cgi-bin/text-idx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/48chapter14.tpl https://www.nps.gov/olym/planyourvisit/maps.htm https://www.acquisition.gov/?q=browsefar http://www.ecfr.gov/cgi-bin/text-idx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/

F.5 Site Specific Safety Plan

A site specific Safety and Health Plan shall be submitted to the attention of the Contracting Officer within five days of receiving the

Notice of Award. The plan shall cover on-site work to be performed by the contractor and all subcontractors. The prime contractor shall be responsible for development, implementation, and oversight of the plan. The plan shall be signed by the Contractor's safety and health manager and the site superintendent. The plan shall establish protocols necessary for recognition, evaluation, and control of hazards associated with each task performed; addressing, in as much detail as possible, anticipated tasks, their related hazards, and anticipated control measures.

Should any unforeseen hazard become evident during the performance of work, the contractor shall bring such hazard to the attention of the COR. Necessary action shall be taken to re-establish and maintain safe working conditions in order to safeguard on-site personnel, visitors, the public, and the environment.

Work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational Safety and Health Administration (OSHA) standards, 29 CFR, Part

1910 and Part 1926. Where the requirements of applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements shall apply.

F.6 Contractor’s Daily Logs

Contractor shall prepare a daily log for each day work is performed under this contract. Copies of daily logs shall be submitted to the

Contracting Officer, and may be compiled and submitted weekly, with payroll. Time necessary for completion of daily log is approximately 15 to 30 minutes. The contractor may choose to use its own format as long as the following elements are included on the log:

(a) Project Name

(b) Contract number

(c) Date

(d) Prime Contractor and/or Subcontractor

(e) Work performed, including number of employees by job categories (indicate if "prime" or "sub")

(f) Heavy equipment on job, hours worked (indicate if "prime" or "sub")

(g) Materials delivered

(h) Official visitors to site

(i) Inspections performed

(j) Verbal instruction received from government on construction deficiencies

(k) Certification (prime contractor's signature / COTR's signature)

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 1452.201-70, Authorities and Delegations (September 2011)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without prior 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.

G.2 APPOINTMENT OF CONTRACTOR REPRESENTATIVE / SUPERINTENDENT

Prior to commencement of work on this contract, the contractor shall provide to the Contracting Officer, the name and telephone number of at least one responsible individual who will serve to respond to operational problems and/or emergencies on a daily basis.

The contractor agrees that notice to the designated representative shall constitute notice to the contractor and agrees to be bound by any commitments or representations made by the representative.

G.3 DIAR 1452.204-70 Release of Claims—Department of the Interior (JUL 1996)

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

G.34 CONTRACTOR PERFORMANCE ASSESSMENT

In accordance with NPS Acquisition Policy and Procedures Memorandum 1443.42-01, the Contracting Officer may enter a formal evaluation of the contractor’s performance in the Contractor Performance Assessment Reporting System (CPARS) even though the contract value will not exceed the $700,000 threshold. The Contractor will have the opportunity to review and comment on the

Government’s performance ratings before they are finalized and used in future government source selections.

G.5 CORRESPONDENCE

(a) Copies of all correspondence and written notices between the COR and the Contractor shall be sent to the cognizant Contracting

Officer at the address below, or by email. All correspondence sent by email shall state the contract number in the subject line of the email.

(b) Contracting Officer’s Representative (COR) for this contract will be determined after award and contact information will be provided to the contractor at the pre-construction meeting.

(c) Contracting Officer responsible for solicitation, award, and post-award contract administration:

Phaedra Fuller

National Park Service

Olympic National Park

600 East Park Avenue

Port Angeles, WA98362

Office Phone: 360-565-3009

Email: Phaedra_Fuller@nps.gov

G.6 PUBLIC AFFAIRS COORDINATION

The Contractor shall immediately direct all news/media inquiries concerning this contract to the COR. No statements will be released unless authorized by the Contracting Officer

G.7 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 Internet Payment Platform System

(IPP; https://www.ipp.gov).

"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 (upload your business invoice as an attachment to the IPP invoice before you click “submit” in IPP):

1. Contractor’s standard business invoice,

2. Signed certification required by FAR clause 52.232-5,

3. Schedule of values for work being invoiced, and

4. If submitting a final invoice, also attach a signed copy of the Release of Claims form.

Contractor’s failure to attach the required documentation as specified above will result in the IPP invoice being rejected, and cause a delay in payment.

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 www.SAM.gov record) will receive enrollment instructions via email from the

Federal Reserve Bank of Boston (FRBB) prior to contract award or within 3 - 5 business days after 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.

mailto:Phaedra_Fuller@nps.gov

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 DSC-17, Wage Rates (January 1999)

U.S. Department of Labor General Wage Decision no. WA180001 dated 3/16/18 (applicable to Clallam County) is incorporated into this solicitation as Attachment no. 4, as referenced in Section J.

H.2 Notice of Required Bonds

(a) A Bid Bond is required to be submitted with the quote only if the quoted price exceeds $150,000. The NPS prefers that the Bid

Bond be on Standard Form 24, or in the form of a certified cashier’s check, bank draft, Post Office Money Order, or currency, or

United States Government bonds or notes (at par value) deposited in accordance with Treasury Regulations. Money orders and checks shall be drawn payable to: USDI-National Park Service. The penal sum of the bid bond shall equal 20% of the quoted price.

(b) The awardee (successful quoter) shall furnish performance and payment bonds using Standard Forms 25 and 25A within 10 days after contract award. The penal sum of the performance and payment bonds shall equal 100% of the contract price.

NOTE: A Performance Bond is only required if the awarded contract price exceeds $150,000.

H.3 Liability Insurance Requirements

(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:

Employer's liability $100,000

General liability $500,000

Construction

Per person $100,000

Per occurrence $500,000

Property damage $1,000,000

Architect-Engineer

Per person $200,000

Per occurrence $500,000

Property damage $ 20,000

Automobile liability

Per person $200,000

Per occurrence for bodily injury $500,000 (other than passenger liability)

Per occurrence for property damage $20,000

If this is a construction contract, the Contractor shall maintain compensation insurance for employees engaged in the work complying with the worker's compensation laws of the State in which the work is to be performed and shall maintain liability insurance protecting the Contractor from claims because of bodily injury (including death) and property damage arising under this Contract.

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The Contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

H.4 Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract completion schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of any order, the Contractor shall immediately notify the Contracting Officer or the COR, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date or any rights or remedies provided by law or under this order. Any request for extension of completion date shall be submitted with a justification, in writing, to the Contracting Officer.

H.5 Pre-Construction Conference

The Contracting Officer will conduct a preconstruction conference; the contractor will be notified and will be required to attend in person or by phone. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

H.6 DSC-02 Seasonal Shutdown (April 1984)

(a) It is recognized that seasonal climatic conditions regularly occur in some of the National Park Service areas that restrict and in some cases prohibit normal construction activities. The actual timing of a seasonal shutdown will be determined by mutual agreement between the Contractor and the Contracting Officer. The Contractor shall give the Contracting Officer at least two weeks’ notice prior to the anticipated resumption of work. The actual date that work is resumed is subject to the approval of the Contracting Officer. The amount of time during a seasonal shutdown is taken into consideration when the completion time as stated in the Contract is determined. Therefore, the contract time will not be extended due to seasonal shutdowns.

H.7 Interpretations of Contract: Notice of Ambiguities

(a) This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties' complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

(b) It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting

Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated. Failure to comply with such obligation shall be deemed a waiver and release of any and all claims for extra costs or delay arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

SECTION I -- CONTRACT CLAUSES

I.1

Clause Title Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

January 2017

52.204-04 Printed or Copied Double-Sided on Recycled Paper May 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

October 2016

52.204-13 System for Award Management Maintenance October 2016

52.209-06 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

October 2015

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015

52.215-08 Order of Precedence - - Uniform Contract Format October 1997

52.219-06 Notice of Total Small Business Set-Aside November 2011

52.219-28 Post-Award Small Business Program Rerepresentation July 2013

52.219-30 Notice of Set-Aside , or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned

Small Business Program

December 2015

52.222-03 Convict Labor June 2003

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 February 1988

52.222-11 Subcontracts (Labor Standards) May 2014

52.222-12 Contract Termination-Debarment May 2014

52.222-13 Compliance with Davis-Bacon and Related Act Regulations May 2014

52.222-14 Disputes Concerning Labor Standards February 1988

52.222-15 Certification of Eligibility May 2014

52.222-21 Prohibition of Segregated Facilities April 2015

52.222-26 Equal Opportunity September 2016

52.222-27 Affirmative Action Compliance Requirements for Construction April 2015

52.222-37 Employment Reports on Veterans February 2016

52.222-50 Combating Trafficking in Persons March 2015

52.222-55 Minimum Wages Under Executive Order 13658 December 2015

52.222-62 Paid Sick Leave Under Executive Order 13706 January 2017

52.223-03 Hazardous Material Identification and Material Safety Data January 1997

52.223-05 Pollution Prevention and Right-to-Know Information May 2011

52.252-2 Clauses Incorporated By Reference (Feb 1998)

This RFP and resulting 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 these addresses:

idx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/48chapter14.tpl https://www.acquisition.gov/?q=browsefar

52.223-18 Contractor Policy to Ban Text Messaging While Driving August 2011

52.225-13 Restrictions on Certain Foreign Purchases June 2008

52.227-04 Patent Indemnity-Construction Contracts December 2007

52.228-02 Additional Bond Security October 1997

52.228-11 Pledges of Assets January 2012

52.228-12 Prospective Subcontractor Requests for Bonds May 2014

52.228-13 Alternative Payment Protections (applies only if award does not exceed $150,000. Acceptable alternative payment protections include a Payment Bond on Standard Form 25A or Irrevocable

Letter of Credit)

July 2000

52.228-14 Irrevocable Letter of Credit (applies only if quoted price exceeds

$150,000, in which case a Bid Bond is required; and applies only if awarded price exceeds $150,000 in which case

Performance and Payment Bonds are required)

November 2014

52.228-15 Performance and Payment Bonds – Construction (applies only if awarded price exceeds $150,000)

October 2010

52.232-05 Payments Under Fixed-Price Construction Contracts May 2014

52.232-23 Assignment of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts January 2017

52.232-33 Payment by Electronic Funds Transfer-System for Award

Management

July 2013

52.232-39 Unenforceability of Unauthorized Obligations June 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

December 2013

52.233-01 Disputes May 2014

52.233-03 Protest After Award August 1996

52.233-04 Applicable Law for Breach of Contractor Claim October 2004

52.236-02 Differing Site Conditions April 1984

52.236-03 Site Investigation and Conditions Affecting the Work April 1984

52.236-05 Material and Workmanship April 1984

52.236-06 Superintendence by the Contractor April 1984

52.236-07 Permits and Responsibilities November 1991

52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

April 1984

52.236-10 Operations and Storage Areas April 1984

52.236-12 Cleaning Up April 1984

52.236-13 Accident Prevention, Alt 1. November 1991

52.236-17 Layout of Work April 1984

52.236-21 Specifications and Drawings for Construction February 1997

52.236-26 Preconstruction Conference (February February 1995

52.243-05 Changes and Changed Conditions April 1984

52.244-06 Subcontracts for Commercial Items January 2017

52.246-21 Warranty of Construction, Alternate I (April 1984)

52.249-01 Termination for Convenience of the Government (Fixed-Price)

(Short-Form)

2.249-10 Default (Fixed-Price Construction)

52.253-01 Computer Generated Forms January 1991

I.2 1452.203-70, Restrictions on Endorsements – Department of Interior (July 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR

31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

I.3 1452.215-70, Examination of Records by the Department of Interior (April 1984)

(a) For purposes of the Audit and Records - Negotiation clause of this contract (FAR 52.215-2), the Secretary of the Interior, the

Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.

I.4 1452.236-70, Prohibition Against Use of Lead Based Paint – Department of Interior (July 1996)

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

I.5 1489.236-73, Archeological Findings (January 1988)

(a) Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found within the construction area, are the property of and will be removed only by the Government.

Should Contractor's operations uncover or his employees find any archeological remains, Contractor shall suspend operations at the site of discovery; notify Contracting Officer immediately of the findings; and continue operations in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for Contractor, he will be compensated by an equitable adjustment under the General Provisions of the Contract.

I.6 1489.236-79, Conduct of Operations (January 1988)

(a) At all times the Contractor shall conduct their organization in conformance with the rules and regulations promulgated by the

Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe.

Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer.

No signs or advertisements (except those specified herein) shall be displayed on the construction site or within the park except with approval of the Contracting Officer.

I.7 52.222-35, Equal Opportunity for Veterans

(a) Definitions. As used in this clause—

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,”

“qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the

Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract

Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.8 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.9 52.225-09, Buy American Act – Construction Materials (May 2014)

(a) Definitions. As used in this clause-

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

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

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

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2022_13.html#wp1085590

(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 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), 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—

(3) 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

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

"Domestic construction material" means—

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

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

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

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

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

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

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

Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act 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 Act 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 Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(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 certificate is issued).]

SECTION J -- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J.1 LIST OF ATTACHMENTS

Attachment

Number Title/Description

Total

Pages

1 READ ME FIRST document (6/27/18) 3

Standard Form 1442, Solicitation, Offer, Award (SF-

1442)

3 Terms and Conditions (6/19/18) 22

Dept. of Labor Davis-Bacon Act wage rates (General

Decision No. WA180001 3/16/18)

5 Specifications (6/26/18) 44

6 Drawings 24

SECTION K -- REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

K.1 52.204-08, Annual Representations and Certifications (January 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237110.

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

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is $36.5 million.

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

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award

Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

□ (i) Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements-Representation. This provision applies to all solicitations.

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

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any

Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the

Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at

52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137583 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP13.html#wp271421 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137684 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1150648 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137777 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1149919 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144766 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144909 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146404 https://www.acquisition.gov/sites/default/files/current/far/html/52_214.html#wp1129381 https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144523 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135900 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135943 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147663 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147704 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711

(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under

Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–Representation. This provision applies to solicitation that include the clause at 52.204-7.

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-

Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation.