Amendmt_001_Attchmt_8_Revised_Terms-Clauses.pdf

Solicitation (RFP) no. 140P8319R0009, Amendment 001 - - Attachment 8, Revised Terms-Clauses (6/4/19)

Replace Water System Piping & Appurtenances, LEWI

SECTION A:

Standard Form 1442 (Pages 1-3). The SF-1442 is included in this solicitation as Attachment no.

2.

Standard Form SF-30, Amendment 001. The SF-30 is included in this solicitation as

Attachment no. 7.

SECTION B: Contract Price Schedule

This document serves as a general template. The contractor shall factor the lump sum price to include all materials, equipment, installation and management labor, transportation, mobilization-in/mobilization-out, insurance, bonds, administrative and other services, to complete the proposed project. All work shall be performed in accordance with these terms and conditions, including the attached Specifications, Drawings, Dept. of Labor construction wage rates, and all other associated attachments to this solicitation.

The Offeror shall submit a price for all line items below. Failure to do so may render the proposal non-responsive. On lump sum line items, provide total price only. 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. Round totals and extended prices to the nearest whole dollar (no cents).

All lines are “lump sum” except where noted.

The Government anticipates being able to evaluate solely based upon the prices proposed, comparing the unit or lump sum prices proposed to the Government’s estimate. However, the

Government reserves the right to request breakdowns of any proposed lump sum prices, such as labor, equipment, overhead, estimated quantities, or profit. Please note that the awarded contract will only contain one lump sum line item.

In addition to the Offeror’s proposal that conforms to the solicitation documents, Offerors are encouraged to submit alternate proposals that will result in cost savings to the

Government. Such proposals shall clearly identify why the acceptance of the alternate proposal would be advantageous to the Government (refer to the Federal Acquisition

Regulation (FAR) Clause 52.215-1, Instructions to Offerors – Competitive Acquisition

(Alternate II) incorporated by reference in Section L below.

Fill in pricing in the worksheet below and submit with other documents described in Section L.

No. Description Quantity Unit of

Measure Total Price

1 Meter Install 1 Lump Sum

2 Hydrants 1 Lump Sum

3 10" PVC Water Pipeline 1 Lump Sum

4 4" PVC Water Pipeline 1 Lump Sum

5 Service Connection 2" 1 Lump Sum

6 Service Connection 1" 1 Lump Sum

7 Service Meter Connection 1 Lump Sum

8 Double Check Backflow Preventer 1 Lump Sum

9 Cut, Cap, and Abandon Existing Lines 1 Lump Sum

10 Removing and Patching Asphalt 1 Lump Sum

TOTAL PRICE (Sum of All Lines):

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;

Our VETS-4212 reporting is current __yes __no.

SECTION C: Description/Specifications 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

5 Specifications

6 Project Plans/Drawings

SECTION D: Packaging and Marking (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

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 June 2019, and plans to have on-site construction work begin in August or September 2019, as coordinated with the project team. Anticipated period of performance is 60 calendar days from issuance of the Notice to Proceed. Offeror should plan to get through all project submittals after award, by end of July 2019, and complete all on-site construction work between August and September 2019.

F.3 Project Site Location

The project is located at the Fort Clatsop Visitor Center within Lewis & Clark National Historical Site, 92345 Fort

Clatsop Road, Astoria, Oregon 97102. The visitor center is located at Fort Clatsop Road approximately 2 miles south of Warrenton, Oregon. Driving directions are available at the following website address:

https://www.nps.gov/lewi/planyourvisit/directions.htm.

52.252-2 Clauses Incorporated By Reference (Feb 1998)

This RFP 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/

SECTION G: Contract Administration Data

DIAR 1452.201-70 Authorities and Delegations (SEPT 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 proper authority. The

Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the

Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

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.1 Appointment of Contractor Representative / Superintendent

Prior to commencement of work on this contract, the contractor shall provide to the Contracting Officer and COR 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.2 Electronic Invoicing and Payment Requirements - Internet Payment 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.

G.3 NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM (Dec 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. Send the Contracting Officer (CO) 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:

a. 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.

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

c. 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.

NOTE: 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; required if the award exceeds

$600,000 and optional if below). If an assessment is entered, 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.

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 Wage Determination

U.S. Department of Labor General Wage Decision no. OR190063 (Clatsop County, OR), is incorporated into this solicitation, as shown in Section J.

H.2 Notice of Required Bonds

(a) A Bid Bond is required to be submitted with proposal. 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 offeror) 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.

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 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

(b) 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.

(c) 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.5 Subcontracting Requirements In accordance with FAR clause 52.219-14, Limitations on Subcontracting, the small business prime contractor is required to perform a minimum percentage of the cost of contract performance incurred for personnel/labor.

Department of the Interior Acquisition, Assistance, and Asset Policy #67 (DOI-AAAP-0067) requires the Contracting

Officer to oversee compliance with this clause. Therefore, as part of contract close-out and prior to submitting the final invoice, the contractor shall complete and submit a report showing their and their subcontractors' labor costs, identifying which subcontractors were “similarly situated” (i.e. qualify for the same set-aside under which the solicitation was competed). The report template will be provided at the pre-construction meeting.

H.6 Option for Additional Services— Separately Priced Line Items (Additives)

The Government may, at its sole discretion, require the performance of any or all of the line items identified in the

Schedule as additive items at the price negotiated in the contract Schedule. Additives may be awarded in any combination, order, or grouping deemed in the judgment of the Contracting Officer to offer the best value and based on the availability of funds. The Government has determined that the period for awarding additives at the proposed price shall extend 45 calendar days from award of the base contract.

H.7 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 proposal. 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.8 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.9 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.10 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.11 Archeological Findings

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, s/he will be compensated by an equitable adjustment under the General Provisions of the Contract.

H.12 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: Federal Acquisition Regulation (FAR) and Department of the Interior

Acquisition Regulation (DIAR) Clauses

52.202-1 Definitions. (NOV 2013)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

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

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

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower

Rights (APR 2014)

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

52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

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)

52.215-2 Audit and Records—Negotiation (OCT 2010)

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

52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997)

52.217-19 Notification of Ownership Changes (Oct 1997)

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

52.219-8 Utilization of Small Business Concerns. (OCT 2018)

52.219-14 Limitations on Subcontracting (JAN 2017)

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)

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

52.222-26 Equal Opportunity. (SEP 2016)

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

52.222-35 Equal Opportunity for Veterans. (OCT 2015)

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

52.222-37 Employment Reports on Veterans. (FEB 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)

52.222-50 Combating Trafficking in Persons. (JAN 2019)

52.222-54 Employment Eligibility Verification. (OCT 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

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

52.223-3, 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)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

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

52.228-2 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)

52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.228-15 Performance and Payment Bonds - Construction. (OCT 2010)

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

52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014)

52.232-17 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)

52.236-4 Physical Data (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

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

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

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

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

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

52.236-12 Cleaning Up. (APR 1984)

52.236-14 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)

52.242-13 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)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (MAY 2008) (a)

Definitions. As used in this clause -

"Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall -

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to Contracting Officer.

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

2018)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, www.epa.gov/cpg/. The list of EPA-designated items is available at www.epa.gov/cpg/products.htm.

52.225-9 Buy American - Construction Materials. (MAY 2014)

(a) Definitions. As used in this clause—

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

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

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

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and

(b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: [Contracting Officer to list applicable excepted materials or indicate “none”] None; however all COTS items are considered domestic regardless of their place of manufacture (see definition above).

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the

Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the

Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting

Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.236-13 Accident Prevention. (NOV 1991) - Alternate I

(a) The Contractor shall provide and maintain work environments and procedures which will -

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall -

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part

1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any

Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Before commencing the work, the Contractor shall -

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

Addendum to 52.236-13:

As work proceeds, the Accident Prevention Plan (APP) shall be adapted to new situations and new conditions.

Changes and modifications to the accepted APP shall be made with the knowledge and concurrence of the safety office, site superintendent and Contracting Officer's Representative (COR). Should any unforeseen hazards become evident during the performance of work, the contractor shall bring such hazard to the attention of the COR, both verbally and in writing for resolution as soon as possible. In the interim 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.

DIAR 1452.203-70 Restriction on Endorsements—Department of the Interior (JUL 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.

DIAR 1452.236-70 Prohibition Against Use of Lead-based Paint—Department of the Interior (JUL 1996)

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.

SECTION J: List of Documents, Exhibits and Other Attachments

Attachment

Number Title/Description

Total

Pages

1 READ ME FIRST document 3

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

1442)

Terms-Clauses (4/13/19) This is replaced by Attachment

no. 8.

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

Decision No. OR190063 (1/25/19)

5 Specifications 180

6 Drawings 11

7 Amendment 001 - Standard Form 30 (SF-30) 2

8 Amendment 001 - Revised Terms-Clauses (6/4/19) 33

9 Amendment 001 - Site Visit Notes (6/4/19) 5

10 Amendment 001 - Inadvertent Discovery Plan 1

Amendment 001 - Experience & Past Performance -

Form 1 (refer to Section L.4 (above), Part 1, Item 4)

Amendment 001 - Key Personnel Experience &

Qualifications - Form 2 (refer to Section L.4 (above), Part 1, Item 6)

The following sections apply to the solicitation only

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

SECTION K: Representations, Certifications, and Other Statements of Offerors

52.204-19 Incorporation by Reference of Representations and

Certifications

December 2014

52.236-28 Preparation of Proposals – Construction October 1997

52.204-8 Annual Representations and Certifications. (OCT 2018)

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

(2) The small business size standard is $36.5 million, average annual gross receipts for the past three years.

(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…