140P8621Q0039_-_SCOW_SCHOONER_ALMA_-_TERMS_AND_CONDITIONS.pdf

2021 DRY-DOCKING AND MAINTENANCE of THE NATIONAL

HISTORIC LANDMARK (NHL) SCOW SCHOONER ALMA

San Francisco Maritime National Historical Park, San Francisco, California

140P8621Q0039

SECTION A Solicitation/Contract Form 6

SECTION B Supplies or Services/Prices 6

SECTION C Description/Specifications 7

SECTION E Inspection and Acceptance 7

SECTION F Deliveries or Performance 9

SECTION G Contract Administration Data 9

SECTION H Special Contract Requirements 13

SECTION I Contract Clauses 16

SECTION J List of Documents, Exhibits and Other Attachments 24

SECTION K Representations, Certifications, and Other Statements of Bidders 25

SECTION L Instructions, Conditions, and Notices to Bidders 49

SECTION M Evaluation Factors for Award 56

Section A - Solicitation/Contract Form

A 1. 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(es): http://www.acquisition.gov/far

A.2 SF- 18 Solicitation, Request for Quotation Form

Section B - Supplies or Services/Prices

B 1. CONTRACT BID SCHEDULE AND INSTRUCTIONS (February 2002)

The Contract Bid Schedule has been provided as an attachment to this solicitation, Attachment 01.

Offerors are required to submit, at a minimum, an offer that conforms to the solicitation documents with pricing for Base line items and all Option line items. Failure to do so may render the proposal unacceptable. On lump-sum-priced line items, provide the total price only. For all unit-priced line items, provide the unit price and the extended total price. If no specific line item exists for a portion of the work, include the costs in a related item. In case of error in calculation of extended prices, the unit price governs.

In case of errors in summations, the total of the corrected amounts governs. Round totals and extended prices to whole dollars.

The Government reserves the right to award any or no options at or after the time of award. Pricing will be evaluated based on what is determined to be the best value to the Government. Options may be exercised in any combination, order, or grouping deemed in the judgment of the Contracting Officer to offer the best value to the Government.

In addition to the offer that conforms to the solicitation documents, offerors are encouraged to submit alternate proposals that will result in cost savings to the Government. Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the Government. See FAR Clause 52.215-1, Instructions to Offerors - Competitive Acquisition - Alternate II.

Section C - Description/Specifications

The Contractor shall furnish the necessary personnel, materials, equipment, services and appurtenances as necessary to successfully complete the work in accordance with the following documents, which are incorporated into this solicitation:

• Attachment 02, Statement of Work and Technical Specifications

• Attachment 03, Deck Plan / House Drawing / Outboard Profile

Section D – Packaging and Marketing This section not used.

Section E - Inspection and Acceptance

E 1 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(es): http://www.acquisition.gov/far

FAR 52.246-4 Inspection of Services-Fixed-Price. Aug 1996

E 2. FAILURE TO PERFORM

A. If any of the services do not conform with contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. If the work remains deficient, the COR may have the work accomplished by other means and deduct the cost thereof from the monthly payment. When the defects in services cannot be corrected by re-performance, the Government may

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

B. If the Contractor fails to promptly perform the services in conformity with the contract requirements or to take the necessary action to ensure future performance in conformity with contract requirements, the

Government may

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the

Government that is directly related to the performance of such service; or

(2) Terminate the contract for cause.

E 2.1 Failure to:

(a) properly operate and/or maintain equipment and/or systems or

(b) make repairs, which results in damage to the building(s), equipment or systems. The contractor will be held liable for all costs, including administrative costs, incurred by the Government to repair damage to the building, equipment, or systems which results from the contractor's failure to perform any or all of the items listed as (a) or (b) above.

E 2.2 Failure to respond immediately or within (2) hours to an Emergency Call-Back Service, and /or failure to provide the required service. The contractor will be held liable for all costs incurred by the http://www.acquisition.gov/far

Government as a result of the Contractor's failure to respond within (2) hour and/or provide the required service, including but not limited to: (a) all costs to repair damage to the building, equipment, or systems,

(b) all costs associated with responding to the emergency, and (c) all administrative costs.

E 3. ADDITIONAL REQUIREMENTS FOR INSPECTION OF SERVICES

A. Government inspections and tests are for the sole benefit of the Government and do not--Relieve the

Contractor of responsibility for providing adequate quality control measures; Relieve the contractor of responsibility for damage or loss of the material before acceptance; Constitute or imply acceptance; or

Affect the continuing rights of the Government after acceptance of the completed work under paragraph

(D) below.

B. 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

CO's written authorization.

C. 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 the contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

D. 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 CO determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, or the

Government's rights under any warranty or guarantee. The Government may charge 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 re-inspection or retest necessary.

E 4. THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

A. Contracting Officer (CO): The CO has the overall responsibility for the administration of this contract.

That official alone, without delegation, is authorized to take actions on behalf of the Government to:

(1) amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules;

(2) make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance;

(3) terminate the contract for convenience or default;

(4) issue final decisions regarding contract questions or matters under dispute.

However, that official may delegate certain other responsibilities to his/her authorized representatives.

B. Contracting Officer's Representative (COR): The Contractor shall be notified by letter with the name and contact information for the Contracting Officer's Representative. The Contracting Officer’s

Representative will be appointed in writing at time of award, and a copy of the appointment will be furnished to the Contractor. The responsibilities of the Contracting Officer's Representative include, but are not limited to:

(1) Determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract;

(2) Acting as the Government's representative in charge of work at the site;

(3) Ensuring compliance with contract requirements insofar as the work is concerned;

(4) Advising the Contractor of proposed deductions for nonperformance or unsatisfactory performance;

(5) Advising the CO of any factors that may cause delay in performance of the work.

C. Contract Inspectors: Contract Inspectors are subordinates of the Contracting Officer's Representative and are responsible for the day-to-day inspection and monitoring of the Contractor's work. The responsibilities of the contract Inspections include, but are not limited to:

(1) Inspecting the work to ensure compliance with the contract requirements;

(2) Documenting through written inspection reports the results of all inspections conducted;

(3) Following through to assure that all defects or omissions are corrected;

(4) Recommending deductions from contract payment for nonperformance or unsatisfactory performance;

(5) Conferring with representatives of the Contractor regarding any problems encountered in the performance of the work;

(6) Generally assisting the Contracting Officer's Representative in carrying out that officials responsibilities.

Section F - Deliveries or Performance

F 1. 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(es): http://www.acquisition.gov/far

52.242-15 Stop Work Order Aug 1989

F.2. Place of Performance

The services to be provided by this contract shall be accomplished in the San Francisco Bay (or Alameda, CA)

Section G - Contract Administration Data

G 1. 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;

http://www.acquisition.gov/far

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without prior authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G 2. Contract Administration

Contracting Officer's Representative for this order:

Jeffrey Morris, Supervisory Facility and Historic Ship Operations Specialist

National Park Service

San Francisco Maritime NHP

Telephone No. (415) 561-7046

E-mail: jeffery_morris@nps.gov

Contracting Officer with overall responsibility for this contract:

Michael Gabriel, Contract Specialist

National Park Service

Golden Gate National Recreation Area

Telephone No.

Email: michael_gabriel@nps.gov mailto:jeffery_morris@nps.gov mailto:michael_gabriel@nps.gov

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

2013) (V3 9/11/2017)

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

Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4

Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: A COR Approved, hard copy company 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) 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 or quotation.

(End of Local Clause)

G 4. DISSEMINATION OF INFORMATION

There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this contract, without prior written approval of the Contracting Officer; except for that information the Contractor is legally compelled to disclose, in which case the Contractor must provide NPS with advance written notice of Contractor’s intention to disclose to allow NPS to contest the proposed disclosure before any court or agency with jurisdiction unless such notice impedes a duty or obligation of

Contractor under applicable laws, regulations, or legal requirements to timely report information in which event Contractor shall concurrently advise NPS of Contractor’s disclosure.

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

G 5. 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 address below, or by email. All correspondence sent by email shall state the contract number in the subject line of the email.

Michael Gabriel

Contract Specialist

National Park Service

Building 201, Fort Mason

San Francisco, CA 94123 michael_gabriel@nps.gov

G 6. NOTICE TO CONTRACTORS Contractor Performance Assessment Reporting System

(December 2015)

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

The Department of the Interior (DOI) has implemented the Contractor Performance Assessment

Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR

42.15.

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

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

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

Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

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

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

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

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

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

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

Close the Evaluation”.

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

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

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

mailto:michael_gabriel@nps.gov https://www.cpars.gov/ https://www.cpars.gov/

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 60-day review period.

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

Section H – Special Contract Requirements

H 1. 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, including adherence to any local government health orders in effect to reduce the rate of transmission of Novel Coronavirus Disease 2019 (“COVID-19”). 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 2. Key Personnel

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.

In addition to the Contractor shall assign to this contract the following key personnel:

Project Manager

Project Engineer/Naval Architect

Superintendent – one level above PM & PE

During the first sixty (60) days of performance, the 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 fifteen (15) calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial sixty (60) day period, the

Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least fifteen

(15) days prior to making any permanent substitutions.

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 fifteen (15) 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.

H 3. Option for additional Services—Separately Priced Line Items

The Government may require the delivery of the numbered line items identified in the Schedule as option items at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by written notice to the Contractor within 60 days after contract award. Performance of added line item tasks shall be at the price negotiated in the contract Schedule.

H 4. Standard of Conduct

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking disciplinary action with respect to his employees as necessary. The Contractor is responsible for ensuring that his employees interact appropriate with visitors and other NPS employee when on-site at the Park. Each employee is expected to adhere to standards of behavior that reflect favorably on his or her employer and the National Park Service. Smoking is prohibited at all times on the ship.

H 5. Compliance with Federal, State, and Local Codes

The Contractor must comply with all applicable Federal, State and local laws, regulations and codes. The

Contractor is responsible for determining which requirements are applicable, and complying appropriately;

the Contractor may ask advice of the CO or COR in this regard. If a change in law and regulation requires the Contractor to implement an action that will result in an increase or decrease in Contract price, the

Contractor shall implement the required action and within 30 calendar days submit to the CO a price proposal for such change. If the CO determines an equitable adjustment is substantiated a modification to the Contract will be issued.

H 6. 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 7. Wage Rates

Attachment 04, DOL SCA Wage Determination No. 2015-5624, Rev No. 13, 06/13/2020

H 8. Limitation on Use, Duplication, Disclosure of Technical Data

Certain data which may be furnished by the Government to the contractor under this contract have been obtained by the government subject to restrictions upon disclosure. Such data or restricted portions are marked with an appropriate legend. The contractor shall abide by the restrictions appearing on such data in whole or in part without reproducing such.

Section I - Contract Clauses

I 1. 52.252-02 Clauses Incorporated by Reference

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(es):

https://www.acquisition.gov/far

I.2 CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-8 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain

Federal Transactions

SEP 2007

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

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment

Oct 2015

52-209-9 Updates of Publicly Available Information Regarding Responsibility

Matters

Oct 2018

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

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law

Feb 2016

52.215-1 Instructions to Offerors-Competitive Acquisition JAN 2017

52.215-2 Audit and Records--Negotiation JUN 2020

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

52.217-7 Option for Increased Quantity-Separately Priced Line Item MAR 1989

52.219-8 Utilization of Small Business Concerns OCT 2018

52.219-9 Small Business Subcontracting Plan JUN 2020

52.219-28 Post-Award Small Business Program Representation NOV 2020

52.222-1 Notice to the Government of Labor Disputes FEB 1997

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation MAR 2018

52.222-21 Prohibition of Segregated Facilities APR 2015 https://www.acquisition.gov/far

52.222-26 Equal Opportunity SEP 2016

52.222-37 Employment Reports on Veterans JUN 2020

52.222-41 Service Contract Labor Standards AUG 2018

52.222-50 Combating Trafficking in Persons OCT 2020

52.222-54 Employment Eligibility Verification OCT 2015

52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-10 Waste Reduction Program MAY 2011

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.227-1 Authorization and Consent JUN 2020

52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement JUN 2020

52.228-5 Insurance—Work on a Government Installation JAN 1997

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-1 Payments APR 1984

52.232-8 Discounts for Prompt Payment FEB 2002

52.232-11 Extra APR 1984

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-25 Prompt Payment JAN 2017

52.232-33 Payment by Electronic Funds Transfer-System for Award Management OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

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

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

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

52.237-2 Protection of Government Buildings, Equipment and Vegetation APR 1984

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes – Fixed Price. ALT II AUG 1987

52.244-6 Subcontracts for Commercial Items NOV 2020

52.245-1 Government Property JAN 2017

52.246-20 Warranty of Services MAY 2001

52.249-8 Default (Fixed Price Supply and Service) APR 1984

52.253-1 Computer Generated Forms JAN 1991

CLAUSES INCORPORATED BY FULL TEXT

52.222-35 Equal Opportunity for Veterans JUN 2020

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-42 Statement of Equivalent Rates for Federal Hires MAY 2014

52.228-1 Bid Guarantee SEP 1996

52.228-16 Performance and Payment Bonds-Other Than Construction. NOV 2006

1452.203-70 Restrictions on Endorsements – Department of Interior JULY 1996

1452.204-70 Release of Claims – Department of Interior JULY 1996

1452.215-70 Examination of Records by the Department of Interior APR1984

1452.228-70 Liability Insurance – Department of Interior JUL 1996

I 2. 52.222-35 Equal Opportunity for Veterans (JUN 2020)

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

All employment openings means all positions except executive and senior management, those positions that will be filled from within the Contractor's organization, and positions lasting 3 days or less. This term includes full-time employment, temporary employment of more than 3 days duration, and part-time employment.

Armed Forces service medal veteran means any veteran who, while serving on active duty in the U.S.

military, ground, naval, or air service, participated in a United States military operation for which an

Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 FR 1209).

Disabled veteran means--

(1) A veteran of the U.S. military, ground, naval, or air service, who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the

Secretary of Veterans Affairs; or

(2) A person who was discharged or released from active duty because of a service-connected disability.

Executive and senior management means—

(1) Any employee--

(i) Compensated on a salary basis at a rate of not less than $455 per week (or $380 per week, if employed in American Samoa by employers other than the Federal Government), exclusive of board, lodging or other facilities;

(ii) Whose primary duty consists of the management of the enterprise in which the individual is employed or of a customarily recognized department or subdivision thereof;

(iii) Who customarily and regularly directs the work of two or more other employees; and

(iv) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; or

(2) Any employee who owns at least a bona fide 20-percent equity interest in the enterprise in which the employee is employed, regardless of whether the business is a corporate or other type of organization, and who is actively engaged in its management.

Other protected veteran means a veteran who served on active duty in the U.S. military, ground, naval, or air service, during a war or in a campaign or expedition for which a campaign badge has been authorized under the laws administered by the Department of Defense.

Positions that will be filled from within the Contractor's organization means employment openings for which the Contractor will give no consideration to persons outside the Contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings the Contractor proposes to fill from regularly established ``recall'' lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of its organization.

Qualified disabled veteran means a disabled veteran who has the ability to perform the essential functions of the employment positions with or without reasonable accommodation.

Recently separated veteran means any veteran during the three-year period beginning on the date of such veteran's discharge or release from active duty in the U.S. military, ground, naval or air service.

(b) General.

(1) The Contractor shall not discriminate against any employee or applicant for employment because the individual is a disabled veteran, recently separated veteran, other protected veterans, or Armed Forces service medal veteran, regarding any position for which the employee or applicant for employment is qualified. The Contractor shall take affirmative action to employ, advance in employment, and otherwise treat qualified individuals, including qualified disabled veterans, without discrimination based upon their status as a disabled veteran, recently separated veteran, Armed Forces service medal veteran, and other protected veteran in all employment practices including the following:

(i) Recruitment, advertising, and job application procedures.

(ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring.

(iii) Rate of pay or any other form of compensation and changes in compensation.

(iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists.

(v) Leaves of absence, sick leave, or any other leave.

(vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor.

(vii) Selection and financial support for training, including apprenticeship, and on-the-job training under 38

U.S.C. 3687, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training.

(viii) Activities sponsored by the Contractor including social or recreational programs.

(ix) Any other term, condition, or privilege of employment.

(2) The Contractor shall comply with the rules, regulations, and relevant orders of the Secretary of Labor issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended (38

U.S.C. 4211 and 4212).

(3) The Department of Labor's regulations require contractors with 50 or more employees and a contract of

$100,000 or more to have an affirmative action program for veterans. See 41 CFR part 60-300, subpart C.

(c) Listing openings.

(1) The Contractor shall immediately list all employment openings that exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract, and including those occurring at an establishment of the Contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate employment service delivery system where the opening occurs. Listing employment openings with the State workforce agency job bank or with the local employment service delivery system where the opening occurs shall satisfy the requirement to list jobs with the appropriate employment service delivery system.

(2) The Contractor shall make the listing of employment openings with the appropriate employment service delivery system at least concurrently with using any other recruitment source or effort and shall involve the normal obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing of employment openings does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment.

(3) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State workforce agency in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State agency, it need not advise the State agency of subsequent contracts. The Contractor may advise the State agency when it is no longer bound by this contract clause.

(d) Applicability. This clause does not apply to the listing of employment openings that occur and are filled outside the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American

Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(e) Postings.

(1) The Contractor shall post, employment notices in conspicuous places that are available to employees and applicants for employment.

(2) The employment notices shall--

(i) State the rights of applicants and employees as well as the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are disabled veterans, recently separated veterans, Armed Forces service medal veterans, and other protected veterans; and

(ii) Be in a form prescribed by the Director, Office of Federal Contract Compliance Programs, and provided by or through the Contracting Officer.

(3) The Contractor shall ensure that applicants or employees who are disabled veterans are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled veteran, or may lower the posted notice so that it can be read by a person in a wheelchair).

(4) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement, or other contract understanding, that the Contractor is bound by the terms of the Act and is committed to take affirmative action to employ, and advance in employment, qualified disabled veterans, recently separated veterans, other protected veterans, and Armed Forces service medal veterans.

(f) Noncompliance. If the Contractor does not comply with the requirements of this clause, the Government may take appropriate actions under the rules, regulations, and relevant orders of the Secretary of Labor.

This includes implementing any sanctions imposed on a contractor by the Department of Labor for violations of this clause (52.222-35, Equal Opportunity for Veterans). These sanctions (see 41 CFR 60-

300.66) may include--

(1) Withholding progress payments;

(2) Termination or suspension of the contract; or

(3) Debarment of the contractor.

(g) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $100,000 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 non-compliance.

(End of clause)

I 3. 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020)

(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 4. 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of

Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

I 5. 1452.203-70 Restrictions on Endorsements - Department of the Interior (JULY 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the

Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

I 6. 1452.204-70 Release of Claims – Department of the Interior (JULY 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 7. 1452.215-70 Examination of Records by the Department of Interior (APRIL 1984)

For purposes of the Audit and Records - Negotiation clause of this contract (FAR 52.215-2), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United

States.

I 8. 52.228-1 Bid Guarantee (Sept 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 million, 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.

(End of clause)

I 9. 52.228-16 Performance and Payment Bonds-Other Than Construction (Nov 2006)

(a) Definitions. As used in this clause-

“Original contract price” means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the

Government in an amount equal to 100 percent of the original contract price and a payment bond

Standard Form 1416) in an amount equal to 100 percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the

Contracting Officer, within 10 days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States.

Treasury Circular 570 is…