Amdmt_2_Attchmt_10_Revised_Terms-Conditions.pdf

Solicitation (RFQ) no. 140P8319Q0069, Amendment no. 002 - - Attachment 10 (8/13/19)

Re-Roof 2-Story Historic Admin Bldg with Cedar Shakes, OLYM

For this solicitation, please substitute the words “quote” and “Quoter” for “offer” and “Offeror.”

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 subcontractor) necessary for completing all work. All work shall be performed in accordance with these terms and conditions, including the attached

Statement of Work and Dept. of Labor Davis-Bacon Act wage rates.

The Quoter shall submit a price for all line items below. Failure to do so may render the quote non-responsive. 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. The Government anticipates being able to evaluate solely based upon the prices quoted compared to the

Government’s estimate. However, the Government reserves the right to request breakdowns of any quoted lump sum price, such as labor, equipment, overhead, estimated quantities, or profit.

Item no. 01 is the base requirement (what is guaranteed to be awarded).

Items no. A and B are optional line items. Option A will be incorporated into the contract at the negotiated/accepted firm-fixed unit price on a square-foot basis for replacing deteriorated substrate (quantity not known prior to starting roof tear off, therefore, firm-fixed price per square foot shall govern any modification issued for actual amount of total square footage to replace deteriorated sheathing per agreement of the parties). Option B is to provide a price for algae-resistant shakes. If sufficient funds are available, Government may award Option B for having contractor supply algae-resistant shakes. The decision for Option B will be made at time of award.

Award will be made to one contractor in accordance with Section L.

Line

Item

Number

Description Quantity Unit of

Measure Unit Price Total Price

BASE REQUIREMENT. Re-roof 2-story

Administration Building, an historic structure at

Park Headquarters within Olympic National Park

(work includes removal/disposal existing cedar shakes taken down to skip sheathing, and replacing with new underlayment paper, ice and water membrane, flashing, and cedar shakes).

1 Lump Sum $

A

OPTION A: Provide unit price on a square foot basis for replacing deterioated substrate (quoted price shall include removal and disposal of deterioated substrate and installation of new substrate), as firm-fixed price.

Square

Foot

B OPTION B: Provide lump sum price of providing algae-resistant shakes 1 Lump Sum $

For the purpose of evaluation, provide quantity of squares of shakes____________ x unit price of $______________/square__

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

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

Business name: _________________________________________ Phone number: ____________________

DUNS number: _________________________________________

Point of contact name: ____________________________________ E-mail: __________________________

My business’ registration is active in SAM ___yes ___no;

The online representations and certifications therein apply to this offer (see 52.204-8(b)(2)): ___yes ___no;

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

All work shall be performed in accordance with the documents listed below, which are attached and incorporated into this solicitation

(also listed in Section J).

Attachment Number Attachment Title

Statement of Work (original dated Nov 2018)

Revised Statement of Work (this revised version dated August 2019 hereby replaces the original

SOW and includes a drawing on the last page of the document)

SECTION D – PACKAGING AND MARKING (this section not used) https://sam.gov/

SECTION E: Inspection and Acceptance

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.1 FAR 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 60 calendar days after receiving the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.2 Period of Performance.

The government anticipates awarding the contract in early September 2019, and hopes to be able to have on-site construction work begin in mid to late September or starting by early October 2019, as coordinated with the COR. Anticipated period of performance is

60 calendar days from issuance of the Notice to Proceed. Contractor will need to compile and submit all project submittals for materials as soon as possible upon receiving Notice of Award, especially for the cedar shakes (govt anticipating that the cedar shakes will have the longest delivery lead time of all materials). Contractor will also need to plan for roof tear-off and re-roofing one half at a time, in case of inclement weather (may not be possible to do entire roof tear-off at once, depending on weather – collaborate with

COR).

F.3 Project Site Location

The project is located at the Administration Building in park headquarters within Olympic National Park at physical address 600 East

Park Avenue, Port Angeles, WA 98362.

F.5 Site Specific Safety Plan

A site specific Safety and Accident Prevention Plan shall be submitted to the attention of the Contracting Officer as soon as possible upon 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

Clause (FAR) Title Date

52.246-12 Inspection of Construction August 1996

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

Improvement

August 1996

52.252-2 Clauses Incorporated By Reference (Feb 1998)

This RFQ and resulting contract incorporates one or more clauses by reference, for the following Sections E and F, 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.acquisition.gov/?q=browsefar http://www.ecfr.gov/cgi-bin/text-idx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/

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. This plan is also addressed in the Statement of Work.

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 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:

Cody Manzer

Olympic National Park

Office Phone: 360-565-3162

Email: Cody_Manzer@nps.gov mailto:Cody_Manzer@nps.gov

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

Phaedra Fuller

Olympic National Park

Office Phone: 360-565-3009

Cell Phone: 360-461-1827

Email: Phaedra_Fuller@nps.gov

G.4 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.5 Preconstruction 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.

G.6 Department of the Interior Acquisition, Assistance and Asset Policy (DOI AAAP) No. 0050, Version 02, dated 5/24/18:

Contractor Performance Assessment Reporting System (December 2015)

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the

Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past

Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO).

Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c. All information provided should be reviewed for accuracy prior to submission.

d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6. The following guidelines apply concerning your use of the past performance evaluation:

. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/

a. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

b. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your

60-day review period.

8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

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 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:

1. Contractor’s business invoice (upload your business invoice as an attachment to the IPP invoice),

2. Contractor’s signed certification required by FAR clause 52.232-5 (Certification for Construction Progress Payment),

3. 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 may result in the IPP invoice being rejected.

NOTE: Content of a proper invoice shall include the following, in accordance with Federal Acquisition Regulation 32.9 –

Prompt Payment:

(a) Name and address of the contractor.

(b) Invoice date and invoice number (Contractors should date invoices as close as possible to the date of mailing or transmission).

(c) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(e) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(f) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).(g) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

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.

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

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 Wage Determination

U.S. Department of Labor General Wage Decision no. WA20190022 dated 7/26/19, is incorporated into this solicitation, as shown in

Section J.

H.2 Notice of Required Bonds

The awardee (successful quoter) will be required to submit a bond after award, but the type of bond or bonds, depends upon the award price. Award price up to $150,000 will require that a payment bond be submitted. Contract award price greater than $150,000 will require that both a payment bond and performance bond be submitted. When submitting a payment bond, contractor shall use the

Standard Form 25A. When submitting a performance bond, contractor shall use the Standard Form 25. The penal sum of the payment bond or performance and payment bonds shall equal 100% of the contract price. Reminder that magnitude of construction for this project is between $25,000 and $100,000.

H.3 Preconstruction 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.4 Substitutions of Key Personnel

In connection with this contract, key personnel will be limited to individuals that were specifically identified in the Contractor's accepted quote. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house key personnel. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the solicitation, whichever is greater, is the minimum standard for any substitution. Key personnel are those performing the usual functions of project manager and on-site project superintendent.

H.5 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.6 Seasonal Shutdown

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, Contracting Officer (CO) and Contracting Officer’s Representative (COR). The Contractor shall give the CO and COR 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 shall be agreed by the parties and will be definitized via a bilateral modification to revise the completion date should a seasonal shutdown period need to occur.

H.7 Conduct of Operations

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.

The contractor’s work force is governed by the same rules governing National Park Service employees: Rowdy, disruptive behavior, and sexual harassment will not be tolerated; offending individual(s) will be removed from the site. The broadcast playing of music is prohibited on site or in buildings.

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

Officer.

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

H.9 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) The Contractor shall 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 Federal Acquisition Regulation (FAR) and Department of the Interior Acquisition Regulation

(DIAR) Clauses

52.202-1 Definitions. (NOV 2013)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements (JAN 2017)

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)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other

Covered Entities (JUL 2018)

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)

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

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

52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (MAY 2018)

52.222-6 Construction Wage Rate Requirements (AUG 2018)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (AUG 2018)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (MAY 2014)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.252-2 Clauses Incorporated By Reference (Feb 1998)

This RFQ 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

52.222-21 Prohibition of Segregated Facilities. (APR 2015)

52.222-26 Equal Opportunity. (SEP 2016)

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

52.222-36 Affirmative Action for Workers With Disabilities. (JUL 2014)

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)

52.223-3, Alt. 1 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)

52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

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

52.223-21 Foams (JUN 2016)

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

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

52.228-2 Additional Bond Security. (OCT 1997)

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

52.228-11 Pledges of Assets. (AUG 2018)

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

52.228-13 Alternative Payment Protections (JUL 2000)

52.229-3 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)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

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

52.233-1 Disputes, Alt. 1. (MAY 2014, DEC 1991)

52.233-3 Protest after Award. (AUG 1996)

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

52.236-2 Differing Site Conditions. (APR 1984)

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

52.236-5 Material and Workmanship. (APR 1984)

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

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

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

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

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

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

52.236-15 Schedules for Construction Contracts (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. (JAN 2019)

52.246-21 Warranty of Construction. (MAR 1994) - Alternate I (APR 1984)

52.248-3 Value Engineering - Construction. (OCT 2015) - Alternate I (Apr 1984).

52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996)

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

52.253-1 Computer Generated Forms. (JAN 1991)

DIAR 1452.215-70 Examination of Records by the Department of the Interior (APR 1984)

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 1452.204-70, Release of Claims – Department of Interior (July 1996)

(a) 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.

I.4 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.5 1452.228-70, Liability Insurance – Department of Interior (July 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$ 100,000 each person

$ 500,000 each occurrence

$1,000,000 property damage

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

I.6 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.7 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.8 1489.236-79, Conduct of Operations (January 1988)

(a) At all times the Contractor shall conduct his 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.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);

(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 3

2 Standard Form 1442, Solicitation, Offer, Award (SF-1442) 3

Terms and Conditions (Sections B through M), including clauses and provisions (7/31/19) This is replaced by Attachment 10.

Department of Labor Davis-Bacon Wage Determination no. WA20190022

(7/26/19)

5 Statement of Work (11/2018) This is replaced by Attachment 8 13

6 AMENDMENT 001: Standard Form 30 (SF-30) 1

AMENDMENT 001: Revised Terms & Conditions (Sections B through M), including clauses and provisions (8/12/19). This is replaced by Attachment

AMENDMENT 001: Revised Statement of Work (8/12/19). This revised version replaced Attachment 5, and includes a roof drawing on last page of doccument.

9 AMENDMENT 002: Standard Form 30 (SF-30) 1

AMENDMENT 002: Revised Terms & Conditions (Sections B through

M), including clauses and provisions (8/16/19). This revised version replaced Attachment 7. Price Schedule in Section B is updated.

11 AMENDMENT 002: Site Visit Notes 1

The following sections K, L, and M apply to the Solicitation only

SECTION K -- REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

52.204-19 Incorporation by Reference of Representations and

Certifications

December 2014

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

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160, Roofing Contractors.

(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 500 employees.

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

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

Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the 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;

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference in Sections K and L 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.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

idx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/48chapter14.tpl https://acquisition.gov/far/current/html/52_200_206.html#wp1137850…