Attachment_0001__140P5122R0001.pdf

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION A ‐ SF 1442 (Solicitation/Contract Form) SECTION B – Price Schedule………………………………………………………………………………… SECTION C ‐ Specifications ................Work and Schedule Considerations SECTION D ‐ Packaging and Marking ................Postage and Markings SECTION E ‐ Inspection and Acceptance .............. Notice listing Contract Clauses Incorporated by Reference .............. Inspection and Acceptance SECTION F ‐ Deliveries or Performance ...............Commencement, Prosecution, and Completion of Work .............. Performance of Work by the Contractor ...............Suspension of Work SECTION G ‐ Contract Administration Data

..........Contracting Officer Representative……………………………………………………………………………………………………………12

..........Contracting Officer…………………………………………………………………………………………………………………………………….12 ………..Technical Direction.………………………………………………………………………………………………………………..…………………12 …………Correspondence…………………………………………………………………………………………………………………………………… …………Contract Payments……………………………………………………………………………………………………………………………………12 …………Job Site Administration…………………………………………………………………………………………………………………………….12 …………Payroll Records…………………………………………………………………………………………………………………………………………13 …………Subcontracting………………………………………………………………………………………………………………………………………….13 …………Authorities and Delegations……………………………………………………………………………………………………………………..13

SECTION H ‐ Special Contract Requirements ...............Executive Order 13513 Prohibition of Text Messaging while Driving……………………………………………………….14 …………….Generic Gender Terminology…………………………………………………………………………………………………………………..14 …………….Safety………….…………………………………………………………………………………………………………………………………………..14 ...............Progress Meetings……………………………………………………………………………………………………………………………………14 ...............Operation of Facility during Construction………………………………………………………………………………………….…….14 ...............Contractor Employees……………………………………………………………………………………………………………………………..14 …………….Operation of Facility During Construction………………………………………………………………………………………………..14 …………….Work Hours……………………………………………………………………………………………………………………………………………..14 …………….Use of Premises……………………………………………………………………………………………………………………………………….15 …………….Maximum Work Week………………………………………………………………………………………………………………………… …………….Excavation and Utility Clearances…………………………………………………………………………………………………………….15 …………….Disposal……………………………………………………………………………………………………………………………………………………15 …………….Contractor Employees……………………………………………………………………………………………………………………………..15 ………..…..Permits……………………………………………………………………………………………………………………………………………….……15 …………….Quality of Work…………………………………………………………………………………………………………………………………….….16 …………….Completion of Work………………………………………………………………………………………………………………………..…….…16 …………….Material Approval Submittals………..…………………………………………………………………………………………………………16 …………….Archeological Findings………………………………………………………………………………………………………………..……………16 …………….DOI Electronic Invoicing and Payment Requirements‐Internet Payment Platform (IPP)……………………………16 …………….Availability and Use of Utility Services………………………………………………………………………………………………………17 …………… Class Deviation Ensuring Adequate COVID Safety Protocols for Federal Contractors………………………………..17

PART II – CONTRACT CLAUSES

SECTION I ‐ Contract Clauses ...............Clauses by Reference ...............Release of Claims ‐ Department of Interior ...............Liability Insurance ‐ Department of Interior ...............Updates of publicly Available Information Regarding Responsibility Matters …………….Ensuring adequate COVID‐19 Safety Protocols for Federal Contractors……………………………………….,………….21 ...............Buy American Act – Construction Materials…… ...............Notice of Buy American Requirement Construction Materials…

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

SECTION J ‐ List of Attachments ...............140P5122R0001 Clause and Provision (Attachment 0001)………………….…… ............... Statement of Work/Specification (Attachment 0002)……… ............... Drawing (Attachment 0003)………..…… ............... Submittal List (Attachment 0004)……… ............... Wage Determination (Attachment 0005)…… ................Price Schedule (Attachment 0006) ……………… ............... Site Visit (Attachment 0007)…………..…

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K ‐ Representations, Certifications, and Other Statements of Offerors ................Representations, Certifications, and Other Statements of Bidders..…………..………………………………………….27 ................Annual Representations, Certifications………………………………………………………………………………………………….27 ................Personal Identity Verification of Contractor Personnel………………………………………………………………………….29 ……………..Certification Regarding Responsibility Matters.……………………………………………………………………………………..30 ……………..Information Regarding Responsibility Matters.………………………………………………………………………………………30 SECTION L ‐ Instructions, Conditions and Notices to Bidders ……………..Instructions, Conditions, and Notices to Bidders……………………………………………………………………………………33 ……………..General Notices……………………………………………………………………………………………………………………………………..33

................Solicitation Provision Incorporated by Reference…………………………………………………………………………………..34 ……………..Alterations in Solicitation………………………………………………………………………………………………………….……… ……………..Authorized Deviations in Provisions………………………………………………………….……………………………….…..………35 ……………..Authorized Deviation in Clauses………………………………………………………………………………………………………..……35 …………….Service of Protest‐Department of the Interior………………………………………………………………………………….……..35 …………….Type of Contract……………………………………………………………………………………………………………………………….……..35 …………….Site Visit (Construction)……………………………………………………………………………………………………………………… SECTION M ‐ Evaluation Factors for Award ...............Evaluation Factors for Award

Section A: Solicitation/contract form

SITE LOCATION: Reconstruction ERA National Historical Park, Beaufort, SC.

PROJECT TITLE: Replace Mechanical System

NOTICE TO PROSPECTIVE OFFEROR

SUBMISSION OF DOCUMENTS: Your offer must include the following Sections and Forms:

SF-1442, SOLICITATION, OFFER AND AWARD. PLEASE NOTE: The SF-1442 must be signed, and dated, and Blocks 14 through 20c must be completed.

SF-1442, ITEM 17, Offeror is cautioned to review acceptance time stated in Item 13d prior to completing this item.

Proposal offering less than specified time will cause proposal to be rejected.

SECTION B, Price Schedule

SECTION K, REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SUBMIT AN OFFER TO THE FOLLOWING EMAIL ADDRESS: yanick_bard@nps.gov

The magnitude of this project is between $100,000.00 and $250,000.00

PERFORMANCE/PAYMENT BONDS – Successful offeror will be required to furnish Performance and Payment Bond on Standard Forms 25 and 25A based on total contract amounts within the following ranges: 100 percent performance bond, 100 percent payment bond. The offeror is advised that the Government will inspect, accept and take possession of completed work and release the bonding upon completion/acceptance of the work in accordance with FAR 28.203-5.

To schedule a site visit; arrangements can be made to inspect the work site, by contacting the Contracting Officer Representative (COR), see Attachment 0007, Site Visit.

The proposal is due on 10 January 2021 at 5:00 P.M. Eastern Time.

Section B – Price Schedule

The contractor should provide all labor, parts, tools, equipment, supervision and all incidentals as necessary for the Replace Mechanical System for Reconstruction ERA National Historical Park, Beaufort, SC, in accordance with attached Specification and Drawings.

NOTE: THE CONTRACTOR SHALL SUBMIT ATTACHMENT 0006, PRICE SCHEDULE. A DETAILED

COST BREAKOUT SHOULD BE INCLUDED IN PROPOSAL FOR THE EVALUATION PROCESS TO

INCLUDE G&A, PROFIT AND DIRECT/INDIRECT COSTS.

Section C – Statement of Work/Specifications

C.1 The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications, included as Attachment 0002.

Attachment 0002 – Statement of Work/Specifications

All provisions, clauses, terms, and conditions in specifications and the Solicitation/Contract apply with equal force and binding effect, and contractor is expected to comply with same throughout the specified period of performance and any extension thereto, if granted.

Section D – Packaging and Marking

D.1 Payment of Postage and Fees

Payment of Postage and Fees related to submitting documents to the Contracting Officer or the Contracting Officer’s Representative shall be paid by the contractor.

D.2 Marking

All documents submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.

Section E - Inspection and Acceptance

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full test of a clause.

Number Title 52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements AUG 1996 52.246-21 Warranty of Construction MAR 1994

E.2 INSPECTION AND ACCEPTANCE

Final inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative at:

Inspection: Replace Mechanical System for Reconstruction ERA National Historical Park, Beaufort, SC.

Acceptance: (same as above)

For the purpose of this clause, the Contracting Officer's Representative (COR) named in the Designation of COR Clause in this contract is the representative of the Contracting Officer. The Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representatives. Should such occur, the Contractor will be notified by a written notice.

Section F – Deliveries or Performance

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APR 1984

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days. The time stated for completion shall include final cleanup of the premises.

The services to be provided by this contract shall be accomplished for the Replace Mechanical System for Reconstruction ERA National Historical Park, Beaufort, SC.

(End of Clause)

F.2 52.236-01 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 35 percent (35%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

F.3 52.242-14 SUSPENSION OF WORK APR 1984

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

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly.

However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

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

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

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

Section G – Contract Administration Data

G.1 Contracting Officer’s Representative(s) for this contract will be:

Michael Trevino Contracting Officer Representative Reconstruction Era National Historical Park Reconstruction Era National Historic Network Andersonville National Historic Site Email: michael_trevino@nps.gov

G.2 Contract Officer responsible for administering this contract:

Yanick Bard Contracting Officer East Major Acquisition Buying Office 100 SW Alabama St Atlanta, GA 30303 Email: yanick_bard@nps.gov

G.3 TECHNICAL DIRECTION

The performance of the work required herein shall be subject to the technical direction and surveillance of the COR or his designee. As used herein, "technical direction" is direction to the Contractor which requires pursuit of certain lines of inquiry, filing in details or otherwise serving to accomplish the contract specifications. The technical direction, to be valid:

(a) Must be issued in writing consistent with the general scope of the work set forth in the contract;

(b) May not constitute a new assignment of work changes to the expressed terms, conditions, or specifications incorporated into this contract;

(c) Shall not constitute a basis for extension of the contract delivery schedule.

Nothing contained in this part authorizes the Contractor to incur costs in excess of the contract price or other limitation of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor: 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.

G.4 CORRESPONDENCE

Any correspondence initiated by the Contractor shall include the Contract Number and shall be addressed to the CO (original and one copy) at the address provided in the clause entitled "Contractor Administration".

G.5 CONTRACT PAYMENTS

The Contractor shall submit invoices to the Contracting Officer for the percentage of work completed. Contractor and COR at the site must agree on the percentage of work completed.

G.6 JOB SITE ADMINISTRATION

The COR will be available at the site to inspect the work as it progresses. The COR is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor's Superintendent must contact the COR regarding such decisions and directions.

The Contractor shall have a competent superintendent (hereinafter referred to as the "Contractor's Superintendent") who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor's behalf; and (iii) to be present on the job site at all times when contract work is being performed.

G.7 PAYROLL RECORDS

The Prime Contractor is responsible for furnishing the Contracting Officer with one (copy of the Weekly Payroll Form WH-347 or equivalent) to include payroll records for his/hers subcontractors. Payroll records shall be submitted within seven (7) days after the close of the payroll period and numbered in consecutive order. The Prime Contractor shall review all subcontractors' payroll and ensure that all employees are paid in accordance with the Wage Determination, which is a part of this contract.

The Prime Contractor shall ensure that compliance is met. The Contractor is subject to the Wage and Hour Dept., U.S. Department of Labor.

G.8 SUBCONTRACTING

The Prime Contractor shall complete a Standard Form (SF1413) for each subcontractor and submit the form to the Contracting Officer. No subcontractor shall be allowed on the site without an executed SF 1413. The Prime shall be held responsible for ensuring that his/hers subcontractor's DO NOT subcontract any portion of this work. The Prime Contractor is responsible to ensure that all subcontractors carry sufficient insurance in accordance with this contract.

G.9 1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011

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

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

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

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

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

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

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

(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.

Section H – Special Contract Requirements

H.1 Executive Order 13513 Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government While Driving as prescribed in Federal Leadership on Reducing Text Messaging While Driving

Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving (Oct 2009)

This Executive Order introduces a Federal Government-wide Prohibition on the use of text messaging while driving on official business or while using Government –supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or –rented vehicles, government-owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on the behalf of the government.

H.2 GENERIC GENDER TERMINOLOGY

Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as "it" or "their".

H.3 SAFETY

The Contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Occupational Safety and Health Act (OSHA) or Federally approved State equivalent(s) thereof; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA) and Toxic Substances Control Act (TSCA);

and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

H.4 PROGRESS MEETINGS

(a) The Contractor shall be available to meet with the CO or his/her representative at the job site during construction to discuss work progress.

(b) Meetings will be scheduled by the CO with timely notification to the Contractor.

(c) At the progress meetings, the Contractor shall give oral reports of the progress on the project to the CO. If the work is behind schedule, the Contractor shall be prepared to (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule; or, if necessary (iii) to propose a revised work schedule.

H.5 OPERATION OF FACILITY DURING CONSTRUCTION

The contractor shall coordinate with the COR during the construction activity and day-to-day operations with regard to operation of the facility. The contractor must coordinate with the COR for any temporary measures. All temporary measures shall be at the Contractor’s expense and shall be removed upon completion of the contract.

H.6 WORK HOURS

Normal work hours are from 7:30 a.m. through 4:00 p.m., Monday through Friday. Contractor will not be permitted to work at the job site on Saturday, Sunday or legal holidays unless otherwise authorized by the CO.

H.7 USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Government land or lands administered by the Government, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

(b) Unless provided otherwise, the Contractor shall provide and maintain sanitation facilities for the workforce at the site. Solid waste shall be disposed of in accordance with applicable Federal, State, and local regulations.

H.8 MAXIMUM WORK WEEK

The maximum work week that will be approved is 40 hours. The Contractor's proposed hours of work are to include daily starting and stopping times.

H.9 EXCAVATION AND UTILITY CLEARANCES

The Chief of Maintenance or Facility Manager shall ensure that the Contractor is provided with necessary excavation and utility clearances. The Contractor shall request such clearances and staking in writing to the Contracting Officer no less than ten (10) calendar days prior to the date which he/she anticipates commencement of work. The Contractor will not proceed with excavation of any kind until such clearances have been issued. Clearances will be valid from the date of issue or completion of, or otherwise directed by the issuing authority.

H.10 DISPOSAL

Debris, rubbish, and non-usable material resulting from all Work and activities under this contract shall be disposed on non-Federal and non-Park land in a manner and location that comply with federal, state and local laws.

H.11 CONTRACTOR EMPLOYEES

(a) The Contractor shall provide the Contracting Officer with the name of the responsible supervisor authorized to act for the Contractor.

(b) The Contractor shall furnish sufficient personnel to perform, supervise and manage all work.

(c) Contractor employees shall conduct themselves in a proper, efficient, courteous and business-like manner.

(d) The Contractor shall remove from the site any individual whose continued employment is deemed by the contracting officer to be contrary to public interest or inconsistent with the National Park Service.

(e) The Contractor shall perform thirty five percent (35%) of the work under this solicitation.

H.12 PERMITS

The contractor shall, without additional expense to the government, obtain all appointments, licenses, and permits required to perform work under this contract. The Contractor shall comply with federal, state and local laws.

Evidence of such permits and licenses shall be provided to the Contracting Officer before work commences, or as requested. All licenses, permits, certifications, and other authorization to be performed for this project shall be displayed at all times on-site or be made available by the contractor upon demand.

H.13 QUALITY OF WORK

Workmanship shall be of the highest quality and best practices of the trade. Contractor’s Work shall conform to all requirements in the Contract Documents and applicable requirements of the state, county, and National Fires Protection Association codes at https://www.nfpa.org/Codes. All replacement materials shall conform to the manufacturer specifications and standards. Substitute items shall be equal to or better that the original material and must be approved by the Contracting Officer’s Technical Representative (COR).

H.14 COMPLETION OF WORK

The time stated for completion of the project includes all materiel procurement, payroll records, corrections of all discrepancies (Punch List Items), and final clean up on premises as stated in the clause "Commencement, Prosecution and Completion of Work", FAR 52.211-10 (APR 1984) Section F.

H.15 MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the clause herein entitles "Materials and Workmanship", FAR 52.236-5 (APR 1984), Section I, shall be submitted to the Contracting Officer through the COR in five (5) copies. The Denver Service Center Form (DSC-1) entitled "Transmittal USDI, National Park Service", shall be used. Contractor shall re-submit any disapproved submittals within seven (7) calendar days of disapproval.

H.16 ARCHEOLOGICAL FINDINGS

Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found within the construction area, are the property of and will be removed and only by the Government. Should Contractor's operations uncover or his employees find any archeological remains, Contractor shall immediately suspend operations at the site of discovery; notify Contracting Officer immediately of the findings; and continue operation in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for the contractor, he will be compensated by an equitable adjustment under the General Provision of the Contract.

H.17 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet

Payment 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:

H.18 PAYROLLS

The Contractor must furnish copies of his weekly payrolls to the CO. Payroll submission is required weekly, seven (7) days after close of payroll period.

The contractor must submit to the CO and the COR the payroll for the general contractor and any applicable sub-contractors and an updated schedule.

The contractor must us 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 instruction via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment the Contractor must submit a waiver request in writing to the Contracting Office with its proposal or quotation.

(End of Local Clause)

H.19 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984

In accordance with FAR 52.236-14, Availability and Use of Utility Service, the following utility services will be made available under this contract: Water and Electric service in accordance with the Project Specification 01 11 00 – 2 Section 1.7, paragraph (B) – (C).

(End of clause)

H.20 Class Deviation - Ensuring Adequate COVID Safety Protocols for Federal Contractors

Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, implements a class deviation to the Federal Acquisition Regulation (FAR) by requiring a new clause, 52.223-99, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

Purpose:

Issues a Federal Acquisition Regulation (FAR) Class Deviation by requiring a new clause, 52.223-99, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

Scope:

This policy applies to all Department of the Interior (DOI) Federal Acquisition Regulation (FAR) based solicitations and contracts if performance is within the United States or its outlying areas.

Background:

On October 8, 2021, the Department of the Interior Director, Office of Acquisition and Property Management, and Director, Office of Grants Management, issued FAR Deviation – Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors. The memorandum issues a class deviation from the Federal Acquisition Regulation (FAR) to implement Executive Order (EO) 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors and Civilian Agency Acquisition Council (CAAC) Letter 2021-03, Class Deviation from the Federal Acquisition Regulation Regarding Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors.

Action:

Contracting officers shall insert clause 52.223-99, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors, in accordance with DOI Memorandum, FAR Deviation – Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors.

SECTION I – CONTRACT CLAUSES

I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE FEB 1998

This Solicitation and the resulting Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet/far.gov

Clause Title Date 1452.203-70 Restriction on Endorsements Jul 1996 1452.210-70 Brand Name or Equal--Department of the Interior Jul 1996 1452.215-70 Examination of Records by the Department of the Interior Apr 1984 1452.224-01 Privacy Act Notification (July 1996) Deviation Jul 1996 1452.236-70 Prohibition Against Use of Lead-based Paint Jul 1996 52.202-01 Definitions Jun 2020 52.203-03 Gratuities Apr 1984 52.203-05 Covenant Against Contingent Fees May 2014 52.203-06 Restrictions on Subcontractor Sales to the Government Jun 2020 52.203-07 Anti-Kickback Procedures Jun 2020 52.203-08 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity May 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

Jun 2020

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

Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality or Statements

Jan 2017

52.204-01 Approval of Contract Dec 1989 52.204-04 Printed or Copied Double-Sided on Recycled Paper May 2011 52.204-07 System for Award Management Oct 2018 52.204-13 System for Award Management Maintenance Oct 2018 52.204-09 Personal Identify Verification of Contractor Personnel Jan 2011 52-204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment Oct 2020

52.204-26 Covered Telecommunications Equipment or Services, or include paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items

Oct 2020

52.209-06 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Jan 2020

52.209-07 Information Regarding Responsibility Matters Oct 2018 52.215-02 Audit and Records--Negotiation Jun 2020 52.215-08 Order of Precedence--Uniform Contract Format Oct 1997 52.215-10 Price Reduction for Defective Cost or Pricing Data

Aug 2011 52.215-12 Subcontractor Certified Cost or Pricing Data Oct 2010 52.216-24 Limitation of Government Liability Apr 1984 52.216-25 Contract Definitization Oct 2010 52.219-04 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns March 2020

52.219-08 Utilization of Small Business Concerns Oct 2018 52.219-14 Limitations On Subcontracting March 2020 52.222-01 Notice to the Government of Labor Disputes Feb 1997 52.222-03 Convict Labor Jun 2003 52.222-04 Contract Work Hours and Safety Standards-Overtime

Compensation May 2018

52.222-06 Construction Wage Rate Requirements Aug 2018 52.222-07 Withholding of Funds May 2014

52.222-08 Payrolls and Basic Records Aug 2018 52.222-09 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 Requirement and

Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-16 Approval of Wage Rates May 2014 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction Feb 1999

52.222-26 Equal Opportunity Sept 2016 52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015 52.222-35 Equal Opportunity for Veterans Jun 2020 52.222-36 Affirmative Action For Workers with Disabilities Jun 2020 52.222-37 Employment Reports on Veterans Jun 2020 52.222-50 Combat Trafficking in Persons Oct 2020 52.222-54 Employment Eligibility Verification Oct 2015 52.222-55 Minimum Wages Under Executive Order 13658 Nov 2020 52.223-03 Hazardous Material Identification And Material Safety Data Jan 1997 52.223-05 Pollution Prevention and Right-to-Know Information May 2011 52.223-06 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 52.227-04 Patent Indemnity-Construction Contracts Dec 2007 52.228-02 Additional Bond Security Oct 1997 52.228-05 Insurance - Work on a Government Installation Jan 1997 52.228-11 Pledges of Assets Feb 2021 52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.228-14 Irrevocable Letter of Credit Nov 2014 52.228-15 Performance and Payment Bonds Jun 2020 52.229-03 Federal, State, and Local Taxes Feb 2013 52.232-05 Payments under Fixed-Price Construction Contracts May 2014 52.232-16 Progress Payments June 2020 52.232-17 Interest May 2014 52.232-23 Assignment of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts Jan 2017 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Dec 2013

52.233-01 Disputes May 2014 52.233-03 Protest after Award Aug 1996 52.233-04 Applicable Law for Breach of Contract Claim Oct 2004 52.236-02 Differing Site Conditions Apr 1984 52.236-03 Site Investigation and Conditions Affecting the Work Apr 1984 52.236-04 Physical Data Apr 1984 52.236-05 Material and Workmanship Apr 1984 52.236-06 Superintendence by the Contractor Apr 1984 52.236-07 Permits and responsibilities Nov 1991 52.236-08 Other Contracts Apr 1984 52.236-09 Protection of Existing Vegetation, Structures, Equipment

Utilities, and Improvements Apr 1984

52.236-10 Operations and Storage Areas Apr 1984 52.236-11 Use & Possession Prior to Completion Apr 1984 52.236-12 Cleaning up Apr 1984 52.236-13 Accident Prevention Nov 1991 52.236-15 Schedules for Construction Contracts Apr 1984 52.236-17 Layout of Work Apr 1984 52.236-21 Specifications and Drawings for Construction Feb 1997 52.236-26 Preconstruction Conference Feb 1995 52.242-13 Bankruptcy Jul 1995 52.246-21 Warranty of Construction Mar 1994 52.248-03 Value Engineering-Construction Oct 2020 52.244-06 Subcontracts for Commercial Items Nov 2020 52.249-02 Termination for Convenience of the Government (Fixed-Price) Apr 2012 52.249-03 (Alternate I) Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements) Apr 2012

52.249-10 Default (Fixed-Price Construction) Apr 1984 52.252-04 Alterations in Contract Apr 1984 52.252-06 Authorized Deviations in Clauses Nov 2020 52.253-01 Computer Generate Forms Jan 1991

I.2 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.3 1452.228-70 LIABILITY INSURANCE 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. Worker’s compensation and employer’s liability: $500,000

2. General Liability: $100,000 each person and $500,000 each occurrence

3. Property Damage: $1,000,000

(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.

(c) The contractor shall name the United States, National Park Service, as the insured party(ties) on the liability insurance policy.

I.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING FEB 2018

RESPONSIBILITY MATTERS

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov .

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government;

or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information.

The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

1.5 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021)

(DEVIATION)

(a) Definition. As used in this clause – United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)]

I.6 52.225-09 BUY AMERICAN ACT – CONSTRUCTION MATERIALS FEB 2021

BUY AMERICAN—CONSTRUCTION MATERIALS (FEB 2021)

(a) Definitions. As used in this clause—

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

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

(i) A commercial 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 the construction site.

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

Cost of components means—

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

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

Domestic construction material means—

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

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

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

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

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

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

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

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

Steel means an…