Attachment_2_Terms_Provisions_Clauses.pdf

Solicitation 08/22/2024

Document No.

140P8424Q0112

Document Title

Exterior Painting of Buildings and Apply Fire Retardant to Roofs, Lassen Volcanic National Park (LAVO)

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION A – SOLICITATION / CONTRACT FORM

SECTION B – BID/PRICE SCHEDULE

SECTION C – SPECIFICATIONS / DRAWINGS

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

INCORPORATED BY REFERENCE:

52.246-13 INSPECTION-DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)

SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984) ................................. Error! Bookmark not defined.

52.242-14 SUSPENSION OF WORK (APR 1984)

SECTION G – CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION

CORRESPONDENCE

APPOINTMENT OF CONTRACTOR REPRESENTATIVE/SUPERINTENDENT

1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR (Jul 1996)

CONSTRUCTION CONTRACT ADMINISTRATION

NOTICE TO CONTRACTORS – CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC

2015)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS –

INVOICE PROCESSING PLATFORM (APR 2013) ………………………………………………………..……………….10

PAYMENT FOR MATERIAL DELIVERED AT LOCATIONS OTHER THAN THE PROJECT SITE

SECTION H – SPECIAL CONTRACT REQUIREMENTS

WAGE RATES

WORKERS COMPENSATION

SITE SPECIFIC SAFETY AND HEALTH PLAN

ARCHEOLOGICAL FINDINGS

CONDUCT OF OPERATIONS

KEY PERSONNEL (Post-Award submittal)

KEY TRADES

SEASONAL SHUTDOWN

SECTION I – CONTRACT CLAUSES

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140P8424Q0112

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Exterior Painting of Buildings and Apply Fire Retardant

CLAUSES INCORPORATED BY REFERENCE

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

1452.203-70 RESTRICTIONS ON ENDORSEMENTS (JUL 1996)

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023)

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA- DESIGNATED

PRODUCTS (MAY 2008) ................................................................................................ Error! Bookmark not defined.

1452.228-70 LIABILITY INSURANCE (JUL 1996)

1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT (JUL 1996)

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND

DISCLOSURES (DEC 2023)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

This provision is provided in full text in Attachment no. 6. Offerors shall fill in section (b)(2)(i) and (ii)

52.204-24 REPRESENTATIONS REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES AND EQUIPMENT (NOV 2021)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES –

REPRESENTATION (OCT 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT –

CONSTRUCTION MATERIALS (MAY 2014)

52.228-1 BID GUARANTEE (SEP 1996)

1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION—

DEPARTMENT OF THE INTERIOR (APR 1984)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.233-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (JUL 1996) (DEVIATION)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

INSTRUCTIONS FOR THE SUBMISSION OF OFFERS AND OTHER INFORMATION –

COMPETITIVE SOURCE SELECTION

RESPONSIBILITY DETERMINATION ............................................................................ Error! Bookmark not defined.

SECTION M – EVALUATION FACTORS FOR AWARD

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Exterior Painting of Buildings and Apply Fire Retardant

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

PART I – THE SCHEDULE

SECTION A – SOLICITATION / CONTRACT FORM

Solicitation, Offer, and Award (SF 1442) - pages 1- 4 of this package.

SECTION B – BID/PRICE SCHEDULE

Quoters shall fill in prices for all line items in the Price Schedule Excell worksheet included in Solicitation Attachment no. 5, Quote Submission Package PDF Portfolio.

SECTION C – SPECIFICATIONS / DRAWINGS

As listed in Section J herein, the following are included in this solicitation:

Attachment no. 4 – Specifications

Project Location: Lassen Volcanic National Park, Mineral CA. There are two areas in the park where work will occur:

• Painting will be in the Southwest part of the park at the Yah-mah-nee Visitor Center and other buildings in same locale, physical address of 21820 Lassen National Park Highway, Mineral, CA 96063.

• Retardant Treatment to shingle shake roofs on historic structures is in vicinity of park headquarters in Mineral, CA. Park map is available here: Maps - Lassen Volcanic National Park (U.S. National Park Service) (nps.gov) or https://www.nps.gov/lavo/planyourvisit/maps.htm.

The contractor shall perform all work in accordance with the documents listed in Section J, which are attached and incorporated into this solicitation/contract.

SECTION D – PACKAGING AND MARKING

No clauses included.

https://www.nps.gov/lavo/planyourvisit/maps.htm https://www.nps.gov/lavo/planyourvisit/maps.htm

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140P8424Q0112

Document Title

Exterior Painting of Buildings and Apply Fire Retardant

SECTION E – INSPECTION AND ACCEPTANCE

INCORPORATED BY REFERENCE:

52.246-13 INSPECTION-DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the

Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

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

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

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

(3) Constitute or imply acceptance; or

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

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

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The

Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The

Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

52.252-2 FAR Clauses Incorporated By Reference (Feb 1998) Applicable throughout Sections E through I.

This contract incorporates one or more Federal Acquisition Regulation (FAR) and Department of the Interior Acquisition Regulation (DIAR) 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:

FAR - https://www.acquisition.gov/?q=browsefar

DIAR - http://www.ecfr.gov/cgi-bin/text-idx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/48chapter14.tpl

Clauses that are from the DIAR begin with “14”.

https://www.acquisition.gov/?q=browsefar

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

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

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

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the

Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee. (End of Clause)

SECTION F – DELIVERIES OR PERFORMANCE

INCORPORATED BY REFERENCE:

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

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 a period of *60 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises. (End of clause)

CONTRACT AWARD DATE AND PROJECT SCHEDULE. Quoters are hereby notified that it may become necessary for the Government to issue a seasonal shutdown notice after award if weather window prevents sufficient time for contractor to mobilize and start work or if unable to complete all work prior to rainy season starting or snowfall. Award will be made in September 2024. Contract period of performance will be 10 months, from award in September 2024 through July 2025. This allows a seasonal shutdown period should work not be able to start or is only partially completed and will resume Spring/early Summer 2025.

52.242-14 SUSPENSION OF WORK (APR 1984)

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

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

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

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

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

Document No.

140P8424Q0112

Document Title

Exterior Painting of Buildings and Apply Fire Retardant

SECTION G – CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION

The Contracting Officer's Representative (COR) for this contract will be: to be determined

The Contracting Officer (CO) with overall responsibility for this contract will be:

Phaedra Fuller, Contracting Officer

Phone: 360-461-1827

Email: phaedra_fuller@nps.gov

CORRESPONDENCE

Copies of all correspondence and written notices between the Contracting Officer’s Representative and the Contractor shall be sent to the cognizant Contracting Officer at the email address below. All written correspondence shall be sent via email, to which each email sent shall state the contract number in the subject line of the email.

Phaedra Fuller, Contracting Officer phaedra_fuller@nps.gov

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.

1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

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

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

(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.

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(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 € prior to receipt of the Contracting Officer’s response issued under paragraph € 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.

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.

CONSTRUCTION CONTRACT ADMINISTRATION

Federal Acquisition Regulation (FAR) 36.211(b) requires agencies provide description of policies and procedures that apply to definitization of equitable adjustments for change orders under construction contracts and data on the time required to definitize equitable adjustments for change orders under construction contracts. This information can be found at: https://www.doi.gov/pam/acquisition/policy/constructioncontract.

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.

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. 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).

The Contractor will have the opportunity to review and comment on the Government’s performance ratings before they are https://www.doi.gov/pam/acquisition/policy/constructioncontract 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

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Exterior Painting of Buildings and Apply Fire Retardant finalized and used in future government source selections.

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING

PLATFORM (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing

Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov.

The Contractor shall submit a draft Invoice Package, including copies of the following documents, to the National Park

Service’s (NPS) Contracting Officer’s Representative (COR), with a copy to the Contract Specialist and Contracting

Officer (CS/CO), a minimum of 5 working days prior to submittal of the formal Invoice through IPP. Within 5 working days of receipt, the COR shall provide an acceptability recommendation to both the NPS CS and CO and the Contractor. If the

COR recommends acceptance, the Contractor shall submit a copy of the final version of the COR’s checklist and the

Invoice Package to the NPS through IPP.

1. Completed copy of the COR’s final Construction Payment Request Checklist (Submit only with the formal submittal to IPP)

2. Completed copy of the Pay Estimate Form (including signed certification of subcontractor payments as required by contract clause 52.232-5)

3. Completed copy of the Limitations on Subcontracting Report

4. Certified copies of Payroll Reports per Contract clause 52.222-8 Payrolls and Basic Records.

5. Completed copy of the Payroll Report PII Certification sheet

6. Information required by contract clause 52.232-27, Prompt Payment for Construction Contracts

7. A copy of the current construction schedule (refer to project specification section 01 32 16)

8. A copy of the current Schedule of Values (refer to project specification section 01 32 16)

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) within 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.

PAYMENT FOR MATERIAL DELIVERED AT LOCATIONS OTHER THAN THE PROJECT SITE

In addition to the terms covered by FAR Clause 52.232-5 Payments under Fixed-Price Construction Contracts, progress payments for material delivered to the Contractor at locations other than the project site may be taken into consideration at the sole discretion of the Contracting Officer. Payment for off-site delivery of specifically identifiable items required for the fabrication of this project may be considered if the following conditions are met:

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

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1. Prior Approval - The Contractor shall obtain the approval of NPS CO before making any arrangements to obtain a partial payment for materials stored off site. Materials must be suitable for storage and must be properly packaged if this is necessary.

2. Storage Site - The Contractor shall furnish and maintain a suitable storage site and appropriate storage conditions which must be approved in advance by NPS CO.

3. Storage Conditions - The material covered by any request for progress payment must be stored above grade and must be properly protected at all times against weather, heat, cold, moisture and other hazards as the material may require. The storage conditions must be approved by NPS Project Representatives. All protection must be provided by the Contractor at their own expense and must be maintained throughout the storage period.

Material must not be co-mingled with other similar material but must be stored by itself and must be plainly labeled “Property of NPS.”

Material must be stored so that it can be readily inspected, measured, and counted at all times by NPS Project

Representatives.

4. Contractor Title - The Contractor shall furnish satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract. The Contractor shall provide an inventory of the stored material together with a description of the storage site by Street Number and City, or by legal description of the premises.

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140P8424Q0112

Document Title

Exterior Painting of Buildings and Apply Fire Retardant

SECTION H – SPECIAL CONTRACT REQUIREMENTS

WAGE RATES

Davis-Bacon Wage Rates are required for this project. U.S. Department of Labor General Wage Decision no.

CA20240007 dated 7/26/24 (Tehama County, CA), is incorporated into this solicitation/contract, as shown in Section J.

BONDS – BID GUARANTEE, PERFORMANCE AND PAYMENT BONDS

PRE-AWARD: In accordance with provision 52.228-1, Bid Guarantee, contractor shall include a bid bond with proposal in the amount of 100% of the proposed price, submitted on Standard Form 24, or in the form of a certified check, cashier’s check, post office money order or United States Government bonds or notes (at par value) deposited in accordance with Treasury Regulations. Money orders or checks shall be drawn to: USDI-National Park Service. The NPS prefers contractor submit a bid guarantee via Standard Form 24.

POST-AWARD: After award, contractor shall submit a Performance Bond and Payment Bond in 100% of the amount of the awarded contract price, submitted on Standard Forms 25 and 25a, or in the form of a certified or 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 or checks shall be drawn payable to: USDI-National Park Service.

The NPS prefers contractor submit performance and payment bonds via Standard Forms 25 and 25A.

Prior to and after award, upon receipt of the bid guarantee and performance and payment bonds, Contracting Officer is required to verify the surety (bonding company) is listed on the Dept. of Treasury’s approved list of sureties for the bid guarantee and performance and payment bonds to be acceptable.

WORKERS COMPENSATION

The Contractor is required to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of the Section 3700 of the Labor Code of the State of California. Evidence of coverage is required before commencement of project work.

SITE SPECIFIC SAFETY AND HEALTH PLAN

A site specific safety and health plan shall be prepared covering 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 site specific plan. The site specific safety and health plan shall establish in detail, the protocols necessary for recognition, evaluation, and control of hazards associated with each task performed. The plan shall address site specific safety and health requirements and procedures based upon site specific conditions. The level of detail provided in the site specific safety and health plan shall be tailored to the type of work, complexity of operations to be performed, and hazards anticipated. The site specific safety and health plan shall address, in as much detail as possible, anticipated tasks, their related hazards, and anticipated control measures.

As work proceeds, the site specific safety and health plan shall be adapted to new situations and new conditions.

Changes and modifications to the accepted site specific safety and health plan shall be made with the knowledge and concurrence of the safety office, site superintendent, and contracting office. Should any unforeseen hazard become evident during the performance of work, the contractor shall bring such hazard to the attention of the safety office and

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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.

Prior to submittal to the COR, the site specific safety and health plan shall be signed and dated by the prime contractor's safety and health manager and site superintendent. The site specific safety and health plan shall be part of the contractor's safety and Health program. The contractor shall submit to the COR the contractor's site specific safety and health plan for review and approval by the safety office.

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.

ARCHEOLOGICAL FINDINGS

(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.

CONDUCT OF OPERATIONS

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.

LIMITATIONS OF SUBCONTRACTING

In accordance with FAR clause 52.219-14, Limitations on Subcontracting, 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. small businesses). Non-compliance with the limitations on subcontracting requirements will be noted in the CPARS evaluation (see G.3).The report template will be provided after award.

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KEY PERSONNEL (Post-Award submittal)

(a) The Contractor shall assign to this contract the following key personnel:

Project Manager:

On-site Superintendent:

On-site Quality Control Manager:

On-site Safety Manager:

(b) Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 10 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 10 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting

Officer will notify the Contractor within 10 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

KEY TRADES

(a) The Contractor shall identify firms that will perform the following KEY TRADES under this contract. If Key Trades will be self-performed, note “self-performed” in the appropriate trade; otherwise provide the name(s) of assigned subcontractors.

Painter:

Other:

(b) The assignments above are permanent for the contract duration. The Contractor shall make no substitutions of the above listed Key Trade assignments unless the substitution is approved or directed by the Contracting Officer. The

Contractor shall send requests for substitutions to the Contracting Officer a minimum of 10 calendar days prior to any substitution and provide the information required by paragraph (c) below.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete qualification statements for the proposed substitutes, and any additional information requested by the

Contracting Officer. Proposed substitutes shall have comparable qualifications to the firm being replaced. The

Contracting Officer will approve or deny substitution requests within 10 calendar days after receipt of all required information. This clause will be modified to reflect any approved changes.

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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 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.

*NOTE: Offerors are hereby notified that it may become necessary for the Government to issue a seasonal shutdown notice after award if weather window prevents sufficient time for contractor to mobilize and re-roof prior to rainy season starting, or material/delivery lead times push too far into Fall months when weather is rainest.

Award will be made in September 2024. Contract period of performance will be 9 months, from award in

September 2024 through June 2025. This allows a seasonal shutdown period should work not be able to start until Spring/early Summer 2025.

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PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) per the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR

52.252-2 for an internet address (if specified) for electronic access to a clause’s full text.

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTOR’S

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018) (applicable only if awarded contract price exceeds $250K)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

52.215-2 AUDIT AND RECORDS-NEGOTIATIONS (JUN 2020) (applicable only if awarded contract price exceeds

$250K)

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2021)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018) (applicable only if awarded contract price exceeds $250K)

52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS-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 (JUL 2021)

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 REQUIRMENTS AND RELATED REGULATIONS

(MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

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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 (JUN 2020)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022)

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (JAN 2022)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)

52.223-2 AFFIRMATIVE PROCURMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEP 2013)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001) (applicable only if awarded contract price exceeds $250K)

52.223-21 FOAMS (JUN 2016)

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024)

52.226-27 DRUG-FREE WORKPLACE (MAY 2024) (applicable only if awarded contract price exceeds $250K)

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020)

52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007)

52.227-17 RIGHTS IN DATA – SPECIAL WORKS (DEC 2007)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (applicable only if awarded contract price exceeds $250K)

52.228-11 INDIVIDUAL SURETY—PLEDGES OF ASSETS (FEB 2021)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (DEC 2022)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014) (The National Park Service’s preference is to receive the performance bond on SF25 and payment bond on SF25A in lieu of a Irrevocable Letter of Credit)

52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) (applicable only if awarded contract price exceeds

$250K)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232-17 INTEREST (MAY 2014) (applicable only if awarded contract price exceeds $250K)

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 (MAR 2023)

52.233-1 DISPUTES (MAY 2014)–ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

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52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) (Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty-five (25) percent of the total amount of work to be performed under the contract.)

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)

52.236-8 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)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-13 BANKRUPTCY (JUL 1995) (applicable only if awarded contract price exceeds $250K)

52.243-4 CHANGES (JUN 2007) (applicable only if awarded contract price exceeds $250K)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984) (applicable only if awarded contract price does not exceed $250K)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL SERVICES (JUN 2023)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.248-3 VALUE ENGINEERING – CONSTRUCTION (OCT 2020) (applicable only if awarded contract price exceeds

$250K)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR

1984) (applicable only if awarded contract price does not exceed $250K)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)-ALTERNATE I

(SEP 1996) (applicable only if awarded contract price exceeds $250K)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

1452.203-70 RESTRICTIONS ON ENDORSEMENTS (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.

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION

(DEC 2023)

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101

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(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition.

This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://www.govinfo.gov/link/uscode/50/3003 https://www.govinfo.gov/link/uscode/44/3552

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Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of…