Sol_140P8624Q0007.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040643739

NPS, PWR - GOGA MABO

Building 201, Fort Mason

San Francisco CA 94123

PPG

MICHAEL GABRIEL

Contract Specialist National Park Service email: michael_gabriel@nps.gov

Michael Gabriel 4155614790

PMIS# 327021

12/15/2023

140P8624Q0007

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

PROJECT: ELEVATOR REPAIR AND INSPECTIONS

AT GOLDEN GATE NATIONAL RECREATION AREA (GOGA)

BUILDING 201, FORT MASON

SAN FRANCISCO, CA 94123

SEE STATEMENT OF WORK (SOW)

11. The Contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 30 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

01/12/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

DOI, NPS, PWR - GOGA MABO

Building 201, Fort Mason

San Francisco CA 94123

PPG

Liset Gomez

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P8624Q0007

The National Park Service (NPS), Golden Gate

National Recreation Area (GOGA), has a requirement to repair and inspect an elevator located at Building 201, Fort Mason, San

Francisco, CA 94123."

All work shall be accomplished in accordance with the provisions of the NPS contract and Statement of Work (SOW).

Per the requirements of FAR 36.204, the project range is estimated to be between $25,000.00 and

$100,000.00.

The North American Industry Classification System

(NAICS) Code for this requirement is 238290

(Other Building Equipment Contractors), with a corresponding Size Standard of $22.0 million in annual gross receipts for the past three years.

This acquisition is a Total Small Business set-aside. All responsible sources with Small

Business status may submit a quotation which, if timely received, will be considered. Offers received from concerns that are not Small

Business concerns shall be considered nonresponsive and will be rejected.

The Government intends to award a single, Firm-Fixed-Price contract. Award selection will be made on a Best Value basis after consideration of price and factors other than price (Technical

Capability, Past Performance and CA Contractor

License) as listed in the Request For Quotation

(RFQ)/Solicitation. See Terms and Conditions

(Contract Clauses), Section M, for the Evaluation

Factors for Award.

Interested contractors are highly encouraged to conduct a site visit, per FAR 36.523. Site Visit is scheduled on Thursday, January 4, 2024 at 9:00

- 10:00 AM (PS). Meet-up location: Golden Gate

NRA, Building 201 Fort Mason, San Francisco CA

94123. To confirm your attendance, please contact the Contracting Officer's Representative (COR), RICHARD DE LA O, 415-725-7638 or email:

richard_delao@nps.gov.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P8624Q0007

SAFETY AND HEALTH PLAN: 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 requirement of applicable laws, criteria, ordinances, regulation, and referenced documents vary the most stringent requirements shall apply.

See the Statement of Work (SOW), Terms and

Conditions (Contract Clauses), and all attachments to this RFQ/Solicitation for information and project requirements.

ALL QUESTIONS, REQUEST FOR INFORMATION AND/OR

CLARIFICATION is DUE on Monday, January 8, 2024 at 3:00 PM (PS). All correspondence must be addressed to the COR, Richard De La O, email:

richard_delao@nps.gov and CC: Michael Gabriel, email: michael_gabriel@nps.gov.

REQUEST FOR QUOTATION (RFQ) MUST BE RECEIVED BY:

Friday, January 12, 2024 at 3:00 PM (PS), and shall only be accepted through electronic mail addressed to Michael Gabriel, email:

michael_gabriel@nps.gov.

Delivery: 03/16/2024

Delivery Location Code: 0009060573

NPS, GOLDEN GATE NRA

Bldg. 201, Fort Mason

San Francisco CA 94123-1307 US

Period of Performance: 02/01/2024 to 03/16/2024

00010 ELEVATOR REPAIR AND INSPECTION

AT GOLDEN GATE NATIONAL RECREATION AREA

BUILDING 201, FORT MASON

SAN FRANCISCO, CA 94123

See the Statement of Work (SOW) and all

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P8624Q0007 attachments to this RFQ/Solicitation for information, project specifications and requirements.

Product/Service Code: Z2EB

Product/Service Description: REPAIR OR ALTERATION

OF MAINTENANCE BUILDINGS

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

REQUEST FOR QUOTATION (RFQ) No. 140P8624Q0007 –

GOGA ELEVATOR REPAIR AND INSPECTION SERVICES

GOLDEN GATE NATIONAL RECREATION AREA, SAN FRANCISCO, CA 94123.

TABLE OF CONTENTS

SECTION B – BID SCHEDULE

SECTION C – SPECIFICATIONS/DRAWINGS

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION I – CONTRACT CLAUSES

SECTION J – LIST OF ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

Section B – Bid Schedule

B.1 – Contract Price Schedule

The Contract Price Schedule has been provided as an attachment to this solicitation,

• see Section J, Attachment 01 – CONTRACT PRICE SCHEDULE

The contractor shall factor the lump sum price to include all labor, tools, equipment, materials, mobilization-in, mobilization-out, overhead and profit (applicable to prime contractor and subcontractor) necessary for completing all work. All work shall be performed in accordance with the attached Statement of Work (SOW), and DOL Wage Determination – DBA.

Section C – Specifications/Drawings

C.1 – Specifications

The Contractor shall furnish the qualified personnel, supervision, materials, tools, equipment, services, and appurtenances as necessary for elevator repair and inspection services, and to successfully complete the work in accordance with the following documents, which are incorporated into this Request for Quotation (RFQ).

• see Section J, Attachment 02 – Statement of Work (SOW)

Section D – Packaging and Marking

There are no clauses in this section.

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

Clause Title Date

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.

GOLDEN GATE NATIONAL RECREATION AREA, SAN FRANCISCO, CA 94123.

(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.

(End of Clause)

Section F – Deliveries or Performance

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

Clause Title Date

52.236-15 Schedules for Construction Contracts Apr 1984

52.242-14 Suspension of Work Apr 1984

F.2 – 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 30 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.3 – Deliverable (Post-Award): Contractor’s Daily Logs

Contractor shall prepare a daily log for each day work is performed under this contract. Copies of daily logs shall be submitted to the Contracting Officer, and may be compiled and submitted weekly, with payroll. Time necessary for completion of daily log is approximately 15 to 30 minutes. The contractor may choose to use its own format as long as the following elements are included on the log:

(a) Project Name

(b) Contract number

(c) Date

(d) Prime Contractor and/or Subcontractor

(e) Work performed, including number of employees by job categories (indicate if

"prime" or "sub")

(f) Heavy equipment on job, hours worked (indicate if "prime" or "sub")

(g) Materials delivered

(h) Official visitors to site

(i) Inspections performed

(j) Verbal instruction received from government on construction deficiencies

(k) Certification (prime contractor's signature)

Section G – Contract Administration Data

G.1 – Contract Administration

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

Richard De La O

Accessibility Program Manager

National Park Service

Golden Gate National Recreation Area (GOGA)

Building 201, Fort Mason

San Francisco, CA 94123

(415) 725-7638

Email: richard_delao@nps.gov

The Administrative Contract Specialist for administering this contract will be:

Michael Gabriel

Contract Specialist

National Park Service

Email: michael_gabriel@nps.gov

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

Liset Gomez

Contracting Officer

Email: liset_gomez@nps.gov

G.2 – 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;

mailto:richard_delao@nps.gov mailto:michael_gabriel@nps.gov mailto:liset_gomez@nps.gov

GOLDEN GATE NATIONAL RECREATION AREA, SAN FRANCISCO, CA 94123.

(2) Waive or agree to modification of the delivery schedule;

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction

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

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

Disputes clause of this contract.

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

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting

Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.3 – Correspondence

Copies of all correspondence, questions, request for information and written notices between the

Contracting Officer’s Representative and the Contractor shall be sent to the cognizant Contract

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

Contract Specialist responsible for administering this contract:

Michael Gabriel

Contract Specialist

Email: michael_gabriel@nps.gov

G.4 – Contractor Performance Assessment Reporting System (NOV 2015)

In accordance with DOI and NPS policy, past performance evaluations may be prepared for this acquisition. For more information see the Contractor Performance Assessment Reporting System mailto:michael_gabriel@nps.gov

GOLDEN GATE NATIONAL RECREATION AREA, SAN FRANCISCO, CA 94123.

(CPARS), available online at https://cpars.gov/.

G.5 – Appointment of Contractor Representative/Superintendent

Prior to commencement of work on this contract, the contractor shall provide to the Contracting

Officer, the name and telephone number of at least one responsible individual who will serve to respond to operational problems and/or emergencies on a daily basis. The contractor agrees that notice to the designated representative shall constitute notice to the contractor and agrees to be bound by any commitments or representations made by the representative.

G.6 – 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 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:

The Contractor shall submit a draft Invoice Package, including copies of the following documents, to the National Park Service’s (NPS) Contracting Officer’s Representative

(COR), with a copy to the Contract Specialist, a minimum of 5 working days prior to submittal of the formal Invoice through IPP. Within 5 working days of receipt, the COR shall provide an acceptability recommendation to both the NPS Contract Specialist and the Contractor. If the COR recommends acceptance, the Contractor shall submit a copy of the final version of the COR’s checklist and the Invoice Package to the NPS through

IPP.

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

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

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

Records.

4. Completed copy of the Payroll Report PII Certification sheet

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

Contracts

6. A copy of the current construction schedule (refer to project specification section 5.2)

7. A copy of the current Schedule of Values.

https://cpars.gov/ https://www.ipp.gov/

GOLDEN GATE NATIONAL RECREATION AREA, SAN FRANCISCO, CA 94123.

• The Contractor must upload their actual business invoice along with the NPS Pay

Estimate Form as an attachment when submitting their payment request through the IPP system.

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.

Section H – Special Contract Requirements

H.1 – Wage Rates

Davis-Bacon Wage Rates apply for this project and are attached to this solicitation. The project is located in San Francisco County, CA.

• see Section J, Attachment 03 – DOL WD DBA – San Francisco County

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 – Key Personnel

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

Site Superintendent or Project Supervisor

Subcontractor Superintendent or Project Supervisor

(b) During the first 30 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 10 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 30 day period, the Contractor shall submit the information required by paragraph (c) to the

Contracting Officer at least 10 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the

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

H.6 – Seasonal Shutdown

It is recognized that seasonal climatic conditions regularly occur in some of the National Park

Service areas that restrict and, in some cases, prohibit normal construction activities. The actual timing of a seasonal shutdown will be determined by mutual agreement between the Contractor 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.

Section I – Contract Clauses

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

Clause

Title

Date

52.202-1 Definitions Jun 2020

52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

Jan 2017

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

Jun 2020

52.204-13 System for Award Management Maintenance Oct 2018

52.204-18 Commercial and Government Entity Code Maintenance Aug 2020

52.204-19 Incorporation by Reference of Representations and

Certifications

Dec 2014

52.204-25 Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application Jun 2023

52.209-6 Protecting the Government’s Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations

Nov 2015

52.211-10 Commencement, Prosecution, and Completion of Work Apr 1984

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

52.215-19 Notification of Ownership Changes Oct 1997

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

52.219-14 Limitation on Subcontracting Oct 2022

52.219-28 Post-Award Small Business Program Representation Mar 2023

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 Act -

Overtime Compensation

Mar 2018

52.222-6 Construction Wage Rate Requirements Aug 2018

GOLDEN GATE NATIONAL RECREATION AREA, SAN FRANCISCO, CA 94123.

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

52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020

52.222-37 Employment Reports on Veterans Jun 2020

52.222-40 Notification of Employee Rights Under the National labor Relations Act.

Dec 2010

52.222-50 Combating Trafficking in Persons Nov 2021

52.222-54 Employment Eligibility Verification Oct 2015

52.222-55 Minimum Wages Under Executive Order 13658 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

52.223-3 Hazardous Material Identification and Material Safety

Data—Alternate I

Jul 1995

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

52.223-6 Drug Free Workplace May 2001

52.223-15 Energy Efficiency in Energy-Consuming Products May 2020

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

Jun 2020

52.224-1 Privacy Act Notification Apr 1984

52.224-2 Privacy Act Apr 1984

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

52.227-4 Patent Indemnity -- Construction Contracts Dec 2007

52.228-2 Additional Bond Security Oct 1997

GOLDEN GATE NATIONAL RECREATION AREA, SAN FRANCISCO, CA 94123.

52.228-5 Insurance - Work on a Government Installation Jan 1997

52.228-11 Individual Surety – Pledge of Assets Feb 2021

52.228-12 Prospective Subcontractor Requests for Bonds Dec 2022

52.228-14 Irrevocable Letter of Credit Nov 2014

52.228-15 Performance and Payment Bonds-Construction Jun 2020

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

52.232-16 Progress Payments Nov 2021

52.232-23 Assignment of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts Jan 2017

52.232-33 Payment by Electronic Funds Transfer -- System for

Award Management

Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

Mar 2023

52.233-1 Disputes May 2014

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

52.236-14 Availability and Use of Utility Services Apr 1984

52.236-17 Layout of Work Apr 1984

52.236-21 Specifications and Drawings for Construction Feb 1997

52.236-26 Preconstruction Conference Feb 1995

52.243-5 Changes and Changed Conditions Apr 1984

52.243-6 Subcontracts for Commercial Items Mar 2023

52.245-1 Government Property Jan 2017

52.246-21 Warranty of Construction Mar 1994

52.249-1 Termination for Convenience of the Government

(Fixed Price) (Short Form)

Apr 1984

52.249-2 Alt I Termination for Convenience of the Government

(Fixed-Price)

Sep 1996

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

52.253-1 Computer Generated Forms Jan 1991

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

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the

Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

I.3 – 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 – 1452.215-70 Examination of Records by the Department of the Interior (Apr 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.5 – 1452.228-70 Liability Insurance – Department of the Interior (Jul 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:

$1,000,000 each person

$2,000,000 each occurrence

$1,000,000 property damage

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

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

I.6 – 1452.237-70 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 – 52.222-35 Equal Opportunity for Veterans (Jun 2020)

(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 Federal Acquisition Regulation (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 valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, 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 to identify properly the parties and their undertakings.

I.8 – 52.225-9 Buy American–Construction Materials (OCT 2022)

(a) Definitions. As used in this clause—

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

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

(i) A commercial item (as defined in paragraph (1) of the definition at 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.

"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 https://www.acquisition.gov/far/22.1301#FAR_22_1301 https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/2.101#FAR_2_101

GOLDEN GATE NATIONAL RECREATION AREA, SAN FRANCISCO, CA 94123.

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.

GOLDEN GATE NATIONAL RECREATION AREA, SAN FRANCISCO, CA 94123.

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 item or to the construction materials or components listed by the Government as follows:

“NONE”

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American 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;

(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.

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