RFP_140P8522R0010_Clauses___Provisions_revised_0002.pdf

Table of Contents

Table of Contents

Section B – Supplies or Services and Prices

B.1 – Contract Bid Schedule

Section C – Description/Specifications/Statement of Work

C.1 – Project Specifications

Section D – Packaging and Marking

Section E – Inspection and Acceptance

E.1 – FAR 52.246-12 – Inspection of Construction (Aug 1996)

Section F – Deliveries or Performance

F.1 – FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)

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

Section G – Contract Administration Data

G.1 – Contract Administration

G.2 – Contractor Performance Assessment Reporting System (November 2015)

G.3 – Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)

Section H – Special Contract Requirements

H.1 – Wage Rates

H.2 – Interpretation of Contract – Notice of Ambiguities

H.3 – Workers Compensation

H.4 – Site Specific Safety and Health Plan

H. 5 - Seasonal Shutdown

H.6 - Option for Additional Services - Separately Price Line Item

Section I – Contract Clauses

I.1 – FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)

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

I.3 – DIAR 1452.204-70 – Release of Claims – Department of the Interior (Jul 1996)

I.4 – DIAR 1452.215-70 – Examination of Records by the Department of the Interior (Apr 1984)

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

I.6 – DIAR 1452.237-70, Information Collection – Department of the Interior (Jul 1996)

I.7 – FAR 52.222-35 – Equal Opportunity for Veterans (Oct 2015)

I.8 – FAR 52.222-36 – Equal Opportunity for Workers with Disabilities (Jul 2014)

I.9 – – FAR 52.223-9 – Estimate of Percentage of Recovered Material Content for EPA Designated Items

(May 2008)

I.10 – FAR 52.225-9 – Buy American–Construction Materials (Nov 2021)

I.11 – FAR 52.228-1 – Bid Guarantee (Sep 1996)

I.12 1452.236-70 – Prohibition Against Use of Lead-based Paint Department of the Interior (Jul 1996)

I.13 – 52.252-6 – Authorized Deviations in Clauses (Apr 1984)

I.14 – Archeological Findings

I.15 – Conduct of Operations

I.16 SPECIAL CLAUSE 1: ENSURING ADEQUATECOVID SAFETY PROTOCOLS (COVID-19)

I.17 52.219-14 – Limitations on Subcontracting (Sep 2021) (Deviation Sep 2021)

Section J – List of Attachments

J.1 – Attachments

Section K – Representations, Certifications, and Other Statements of Offerors

K.1 – FAR 52.204-8 – Annual Representations and Certifications (May 2022)

K.2 – FAR 52.209-7 – Information Regarding Responsibility Matters (Oct 2018)

K.3 – FAR 52.223-22 – Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--

Representation (Dec 2016)

K.4 – FAR 52.236-28 – Preparation of Proposals – Construction (Oct 1997)

K. 5 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (Nov 2021)

Section L – Instructions, Conditions, and Notices to Offerors

L.1 – FAR 52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)

L.2 - DIAR 1452.215-71 – Use and Disclosure of Proposal Information—Department of the Interior (Apr

1984)

L.3 – DIAR 1452.233-2 – Service of Protest – Department of the Interior (Jul 1996 Deviation)

L.4 – FAR 52.216-1 – Type of Contract (Apr 1984)

L.5– FAR 52.222-5 – Construction Wage Rate Requirements—Secondary Site of the Work (May 2014)

L.6– FAR 52.222-23 – Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction (Feb 1999)

L.7– FAR 52.225-10 – Notice of Buy American Requirement--Construction Materials (May 2014)

L.8 – FAR 52.236-27 – Site Visit (Construction) (Feb 1995)

L.9– Instructions for the Submission of Offers and Other Information

ii. Relevant Prior Experience

iii. Key Subcontractors:

iv. Past Performance:

a) Offer Guarantee

b) Retention

c) Signature of Proposal

d) Clarification of Requirement

e) Organizational Conflict of Interest Notification

L.10 – Responsibility Determination

Section M - Evaluation Factors for Award

M.1 – Evaluation Factors for Award

Section B – Supplies or Services and Prices

B.1 – Contract Bid Schedule

See the attached Contract Bid Schedule listed in Section J of this procurement for use to propose pricing.

(End of Clause)

Section C – Description/Specifications/Statement of Work

C.1 – Project Specifications

See the attached project specifications, construction drawings, and associated documents, listed in Section J of this procurement, for project requirements.

Section D – Packaging and Marking

There are no clauses in this section.

Section E – Inspection and Acceptance

E.1 – FAR 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.

(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.

Section F – Deliveries or Performance

F.1 – FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)

This 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 this/these address: https://www.acquisition.gov

FAR Clause Title Date

52.242-14 Suspension of Work Apr 1984

F.2 – 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 180 days following receipt of the notice to proceed.

The time stated for completion shall include final cleanup of the premises.

http://www.acquisition.gov/

Section G – Contract Administration Data

G.1 – Contract Administration

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

Steve Turner

Project Specialist

San Francisco Maritime National Historical Park

2905 Hyde Street

San Francisco, CA 94109

(415) 859-6784

Steven_Turner@nps.gov

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

Jara Woodard

Contracting Officer

National Park Service

Regions 8, 9, 10, & 12

909 First Avenue, 5th Fl.

Seattle, WA 98104

(206) 220-4025

Jara_Woodard@nps.gov

G.2 – Contractor Performance Assessment Reporting System (November 2015)

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

Department of the Interior has implemented the Contractor Performance Assessment Reporting System

(CPARS) to comply with this regulation. One or more past performance evaluations may be conducted in order to record your contract performance as outlined 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

- pronounced “peepers”) for Government use in evaluating past performance as part of a source selection action.

3) We may request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract. 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. The report information must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems mailto:Steven_Turner@nps.gov mailto:Jara_Woodard@nps.gov requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/ . The

CPARS User Manual, registration for Online Training for Contractor Representatives, and a practice application may be found at this site.

5) Within 60 days after the end of a performance period, the CO may complete an interim or final past performance evaluation, and the report can be accessible at http://www.cpars.csd.disa.mil/.

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

b) Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block

22, you will be unable to sign and submit the evaluation back to the Government.

e) If you do not sign and submit the CPAR within 30 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."

f) Your response is due within 30 calendar days after receipt of the CPAR.

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 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 30-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for

Government use supporting source selection actions after it has been finalized.

G.3 – Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)

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

Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To http://www.cpars.csd.disa.mil/ http://www.cpars.csd.disa.mil/ 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:

All documents and requirements included in 52.232-05, “Payments Under Fixed-Price Construction Contracts” including a PDF or other electronic copy of the invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the

IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

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

Section H – Special Contract Requirements

H.1 – Wage Rates

Construction Wage Rate Requirements (Davis-Bacon Act) wage rates apply for this project and are attached to this solicitation (See Section J). The project is located in San Francisco County, CA.

H.2 – Interpretation of Contract – Notice of Ambiguities

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

(b) It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated. Failure to comply with such obligation shall be deemed a waiver and release of any and all claims for extra costs or delay arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

H.3 – 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 Section 3700 of the Labor Code of the State of California.

Evidence of coverage is required before commencement of project work.

H.4 – 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 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.

H. 5 - Seasonal Shutdown

(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.6 - Option for Additional Services - Separately Price Line Item

The Government may require the delivery of the numbered line items identified in the Schedule as an option item at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by the date of award. Performance of added line item tasks shall be at the price negotiated in the contract Schedule.

H.7 - Federal Holidays

The following federal legal holidays are observed:

New Year’s Day Martin Luther King Jr. Day President’s Day

Memorial Day Juneteenth Independence Day Independence Day

Labor Day Columbus Day Veterans Day

Thanksgiving Day Christmas Day

Section I – Contract Clauses

I.1 – FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)

This 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 this address: https://www.acquisition.gov

FAR Clause Title Date

52.202-1 Definitions Nov 2013

52.203-3 Gratuities Apr 1984

52.203-5 Covenant Against Contingent Fees May 2014

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 Jun 2020

52.203-17

Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights

Jun 2020

52.203-19 Prohibition on Requiring 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 Jun 2020

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

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities

Nov 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment Nov 2021

52.209-6

Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

Nov 2021

52.209-9

Updates of Publicly Available Information Regarding Responsibility

Matters

Oct 2018 http://www.acquisition.gov/

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations Nov 2015

52.215-2 Audit and Records – Negotiation Jun 2020

52.215-8 Order of Precedence -Uniform Contract Format Oct 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified

Cost or Pricing Data-Modifications

Nov 2021

52.219-6 Notice of Total Small Business Set-Aside Mar 2020

52.219-8 Utilization of Small Business Concerns Oct 2018

52.219-13 Notice of Set-Aside of Orders Mar 2020

52.219-14 Limitations on Subcontracting Sep 2021

52.219-28 Post-Award Small Business Program Representation 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 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

52.222-37 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 Procurement 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

52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons Jun 2016

52.223-17

Affirmative Procurement of EPA-Designated Items in Service and

Construction Contracts

Aug 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Aug 2011

52.225-13 Restriction on Certain Foreign Purchases Feb 2021

52.227-1 Authorization and Consent Jun 2020

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 Feb 2021

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 Jun 2020

52.229-3 Federal, State, and Local Taxes Feb 2013

52.232-5 Payments under Fixed-Price Construction Contracts May 2014

52.232-17 Interest May 2014

52.232-18 Availability of Funds Apr 1984

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 Nov 2021

52.233-1 Disputes- Alt I May 2014

52.233-3 Protest after Award Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim Oct 2004

52.236-2 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

52.236-15 Schedules for Construction Contracts Apr 1984

52.236-17 Layout of Work Apr 1984

52.236-21 Specifications and Drawings for Construction Feb 1997

52.236-26 Preconstruction Conference Feb 1995

52.242-13 Bankruptcy Jul 1995

52.243-4 Changes Jun 2007

52.244-6 Subcontracts for Commercial Items Jan 2022

52.246-21 Warranty of Construction Mar 1994

52.248-3 Alt I Value Engineering – Construction Alternate I Oct 2020

52.249-2 Alt I

Termination for Convenience of the Government (Fixed-Price)

Alternate I

Apr 2012

52.249-10 Default (Fixed-Price Construction) Apr 1984

52.253-1 Computer Generated Forms Jan 1991

I.2 – DIAR 1452.203-70 – Restrictions on Endorsements – Department of 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.

I.3 – DIAR 1452.204-70 – Release of Claims – Department of the Interior (Jul 1996)

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

I.4 – DIAR 1452.215-70 – Examination of Records by the Department of the Interior (Apr 1984)

For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215-1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the

Department of the Interior shall have the same access and examination rights as the Comptroller General of the

United States.

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

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the

Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of

America. The amounts of the insurance shall be not less than as follows:

$500,000.00 each person

$500,000.00 each occurrence

$500,000.00 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the

Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

I.6 – DIAR 1452.237-70, Information Collection – Department of the Interior (Jul 1996)

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of

1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

I.7 – FAR 52.222-35 – Equal Opportunity for Veterans (Oct 2015)

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

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

“protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at

FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at

41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

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

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

I.8 – FAR 52.222-36 – Equal Opportunity for Workers with Disabilities (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at

41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of

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

I.9 – – FAR 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 postconsumer material content; and

(2) Submit this estimate to the Contracting Officer via the Contracting Officer’s Representative.

I.10 – FAR 52.225-9 – Buy American–Construction Materials (Nov 2021)

(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 product (as defined in paragraph (1) of the definition of “commercial product” at

Federal Acquisition Regulation (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.

https://www.acquisition.gov/far/part-2#FAR_2_101

"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) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 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. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding

COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United

States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding

COTS fasteners. (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 product or to the construction materials or components listed by the Government as follows:

__none______________________________________________

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 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;

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

(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)*

Item1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

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

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

[Include other applicable supporting information.]

(End of clause)

I.11 – FAR 52.228-1 – Bid Guarantee (Sep 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the

United States. The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.12 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.

(End of clause)

I.13 – 52.252-6 – Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

I.14 – 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.

I.15 – 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.

I.16 SPECIAL CLAUSE 1: ENSURING ADEQUATECOVID SAFETY PROTOCOLS (COVID-19)

1. Contractors are responsible for their employees’ safety and the safety of job site visitors during the performance of this contract. We encourage contractors to follow guidance from the Department of Labor, Occupational Safety and Health

Administration (OSHA), the Centers for Disease Control and Prevention (CDC), and all other applicable local, city, and state mandates. We encourage contractors to develop policies for infection prevention and an Infectious Disease

Preparedness and Response Plan.

2. To the extent appropriate, Contractors should include the protective health and safety measures they intend to implement related to COVID-19 in any accident prevention or safety submittals required under this contract. These plans should contain preventive measures the contractor intends to follow while performing work on government property as well as responsive and corrective actions to be taken if an employee exhibits symptoms or tests positive for COVID-19.

3. Upon contract award, contractors should communicate with the Contracting…