Attachment_0001__140P5123Q0024.pdf
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TABLE OF CONTENTS PART I – THE SCHEDULE
SECTION A - Important Information……………..…………………………………………………… 5 SECTION B - Supplies or Services and Price Cost (See SF 1442 (block 17 for offer)………………… 6 SECTION C - Specifications ………….Work and Schedule Considerations…………………………………………………………… 7 SECTION D - Packaging and Marking ................Postage and Markings………..………………………………………………………………… 8 SECTION E - Inspection and Acceptance .............. Inspection of Construction……..……………………………………………………………… 9 SECTION F - Deliveries or Performance ...............Commencement, Prosecution, and Completion of Work……………………………………… 11 ...............Suspension of Work…………………………………………………………………………… 11 SECTION G - Contract Administration Data ...............Contract Administration……………………………………………………………………….. 12 ...............Authorities & Delegations (subcontracting & Site Administration)…………………… SECTION H - Special Contract Requirements ...............EO – Prohibition of Text Messaging while Driving…………………………………………. 15 ...............Progress Meetings……………………………………………………………………………. 15 ...............Operation of Facility during Construction……………………………………………………. 16 ...............Contractor Employees………………………………………………………………………… 17
PART II – CONTRACT CLAUSES
SECTION I - Contract Clauses ...............Clauses by Reference………………………………………………………………………… 22 ...............Release of Claims - Department of Interior………………………………………………….. 24 ...............Liability Insurance - Department of Interior…………………………………………………. 25 ................System for Award Management……………………………………………………………… 25 ...............Accident Prevention…………………………………………………………………………… 74 ...............Specifications and Drawings for Construction………………………………………………… 77
PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J - List of Attachments ............... Specifications (Attachment 1)……………………………………………………………….. 87 ............... Drawings (Attachment 2)……………………………………………………………………. 87 ............... Wage Determination (Attachment 3)………………………………………………………… 87 ............... Price Schedule (Attachment 4) ………………………………………………………………. 87 ............... Past Performance Questionnaire (Attachment 5)…………………………………………….. 87 ............... Site Visit Information (Attachment 6)……………………………………………………….. 87
PART IV – REPRESENTATIONS AND INSTRUCTIONS
SECTION K - Representations, Certifications, and Other Statements of Offerors ................Representations, Certifications ………………………………………………………………. 88 SECTION L - Instructions, Conditions and Notices to Bidders ................Site Visit (Construction)……………………………………………………………………... 102 ................Instruction to Offerors for Proposal Submission…………………………………………….. 110 SECTION M - Evaluation Factors for Award ................Evaluation Factors for Award………………………………………………………………... 113
Section A - Solicitation/Contract Form
PROJECT TITLE: Rehabilitation of the Porches
SITE LOCATION: Jimmy Carter Boyhood Home, Jimmy Carter National Historical Park
NOTICE TO PROSPECTIVE OFFEROR’S
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 before completing this item. Proposals offering less than specified time will cause proposal to be rejected.
SECTION B, Price Schedule (“ALL” Pricing shall be submitted with attachment 0004)
SECTION K, REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
SUBMIT AN OFFER TO THE FOLLOWING ADDRESS:
OFFERS SHALL BE SUBMITTED VIA EMAIL ONLY TO: yanick_bard@nps.gov
This project’s magnitude is between $25,000 and $100,000.
PERFORMANCE/PAYMENT BONDS - Successful offeror will be required to furnish Performance and Payment bonds on Standard Forms 25 and 25A based on total contract amounts in the following ranges: 100% performance bond, 100% payment bond. Offerors understand that the Government will inspect, accept, and possess the completed work and release the bonding when the work is completed and accepted under FAR 28.203-5.
A Site visit is highly recommended prior to quote submission. Site Visit request contact Contracting Officer’s Representative, Email: craig_davis@nps.gov, Phone: (229) 591-0142.
All questions regarding this solicitation must be submitted in writing to the Contracting Officer. Questions must be submitted by April 25, 2023 at 1:00 P.M. Eastern Time. Questions submitted after this time may NOT be considered.
Proposals are due on May 8, 2023 at 1:00 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 Rehabilitation of the Porches at the Jimmy Carter Boyhood Home, Jimmy Carter National Historical Park.
NOTE: PROVIDE A DETAILED COST BREAKOUT OF YOUR LUMP SUM PRICE PROPOSAL
WITH ATTACHMENT 0004 SHALL INCLUDE ALL COSTS ASSOCIATED WITH YOUR
PROPOSAL.
Section C – Specifications/Drawings
C.1 The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified). To perform to the Statement of Work, included as Attachment 0002 in accordance with the Contract Documents:
Attachment 0002, Statement of Work
All provisions, clauses, terms, and conditions in specifications and the Solicitation and Contract apply with equal force and binding effect, and contractor is expected to comply with same throughout the specified performance period and any extension, if granted.
Section D – Packaging and Marking
D.1 Payment of Postage and Fees
The Contractor shall pay all postage and fees related to submitting documents to the Contracting Officer (CO) or the Contracting Officer’s Representative (COR).
D.2 Marking
All documents submitted to the Contracting Officer or 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 Clause 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 clauses at FAR 52.252-2 CLAUSES INCORPORTATED 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 text of a clause.
Number Title
52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements Aug 1996
E.2 52.246-12 Inspection of Construction (Aug 1996)
As prescribed in 46.312 , insert the following clause:
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 CO 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 Government’s sole benefit of 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 Government’s continuing rights 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 CO’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 CO. 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 re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may—
(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or
(2) Terminate for default the Contractor’s right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the CO shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was 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 CO 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 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract in 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 (See SF 1442) after receiving the notice to proceed. The time stated for completion shall include final cleanup of the premises.
Alternate I (Apr1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contract or receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by Thirty (30) calendar days after receipt of award. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
F.2 52.236-1 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 thirty percent (30%) 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 CO determines that the reduction would be to the advantage of the Government.
F.3 52.242-14 Suspension of Work (Apr 1984)
(a) The CO 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 CO 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 CO in the administration of this contract, or (2) by the CO’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 CO 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:
To Be Determined at time of Award
G.2 Contract Officer responsible for administering this contract:
Yanick Bard, Contracting Officer National Park Service 100 S.W. Alabama Street, Atlanta, Georgia 30303 Email: yanick_bard@nps.gov
G.3 Technical Direction
The performance of the work required in this contract shall be subject to the COR’s or designee’s technical direction and surveillance. As used in this contract, “technical direction” is direction to the Contractor that 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 stated in the contract;
(b) May not constitute a new assignment of work changes to the expressed terms, conditions, or specifications incorporated into this contract; it shall not constitute a reason to extend the contract delivery schedule.
Nothing contained in this part authorizes the Contractor to incur costs that exceeds the contract price or other limitation of funds stated in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by the CO’s representatives, unless before commencing the 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 CO for the percentage of work completed. The 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 (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 CO with one (copy of the Weekly Payroll Form WH-347 or equivalent) to include payroll records for his or her subcontractor’s. Payroll records shall be submitted in 7 days after the payroll period closes and numbered in consecutive order. The Prime Contractor shall review all subcontractors’ payroll and ensure that all employees are paid under 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 Department, 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 CO. No subcontractor shall be allowed on the site without a signed SF 1413. The Prime shall be held responsible for ensuring that his or her subcontractor’s DO NOT subcontract any portion of this work. The Prime Contractor is responsible to ensure that all subcontractors carry sufficient insurance under this contract.
G.9 1452.201-70 Authorities and Delegations (Sep 2011)
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.
(a) 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.
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;
(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.
The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or sign 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; 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.
(End of order)
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); 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 or 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.
At the progress meetings, the Contractor shall give the CO progress reports on the project. If the work is behind schedule, the Contractor must (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 Payrolls
The Contractor must furnish copies of his weekly payrolls to the CO. Payroll submission is required weekly, 7 calendar days after payroll period closes.
H.6 Operation of Facility During Construction
Construction activities must not interrupt the facility’s function and daily operations during construction.
Contractor must coordinate with the COR for any temporary measures. All temporary measures employed shall be at the Contractor’s expense and shall be removed upon completion of the contract.
H.7 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 the CO authorizes otherwise.
H.8 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 CO. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for Contractor. The permission, if granted, will be without charge to 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 under applicable federal, state, and local regulations.
H.9 Maximum Work Week
The maximum workweek that will be approved is 40 hours. The Contractor’s proposed hours of work are to include daily starting and stopping times.
H.10 Excavation and Utility Clearances
The Chief of Maintenance, for each park, shall ensure that the Contractor is provided with necessary excavation and utility clearances. The Contractor shall request clearances and staking in writing to the CO no less than ten calendar days before the date which she or he anticipates commencement of work.
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.11 Disposal
Contractor will dispose debris, rubbish, and non-usable material resulting from under this contract in a manner that meets federal, state, and local law.
H.12 Contractor Employees
a) The Contractor will dispose all debris, rubbish and non-useable material from the site and all federal property in a manner that meets federal, state, county, and local laws.
b) The Contractor shall furnish sufficient personnel to perform, supervise and manage all work.
c) The 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 the CO deems to be contrary to public interest or inconsistent with the National Park Service’s policies.
H.13 Permits
Contractor shall, without additional expense to the government, obtain all appointments, licenses, and permits required to perform work under this contract. Contractor will provide evidence of all permits and licenses to the CO before the work begins and will always display them on the job site.
H.14 Quality of Work
Workmanship shall be of the highest quality and the best trade practices. Contractor shall conform to all requirements of the state and county code, ANSI A 10.6, and applicable codes of the National Fires Protection Association. 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 Government.
H.15 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.16 Material Approval Submittals
The submittals contemplated by the clause entitles “Materials and Workmanship”, FAR 52.236-5 (APR 1984), Section I, shall be submitted to the CO through the COR in 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 in 7 calendar days of disapproval.
H.17 Archeological Findings
Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found in the construction area, are the property of and will be removed and only by the Government.
Should Contractor’s operations uncover, or his or her employees find any archeological remains, Contractor shall suspend operations at the discovery site; notify CO 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 or she will be compensated by an equitable adjustment under the Contract’s General Provision.
H.18 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:
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) before 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 follow 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 offer.
(End of Local Clause)
H.19 Contractor Performance Assessment Reporting System (Dec 2015)
1) FAR 42.1502 directs all federal agencies to collect past performance information on contracts. The Department of the Interior has implemented the Contractor Performance Assessment Reporting System (CPARS) to follow this regulation. One or more past performance evaluations will be conducted to record your contract performance as FAR 42.15 requires.
2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report.
3) We request that you give the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 calendar days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.
4) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for Online Training for Contractor Representatives, and a practice application may be found at this site.
5) Within 60 days after a performance period ends, the CO will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/.
a) Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment.
b) Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance.
c) In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions.
d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government.
e) If you do not sign and submit the CPAR in 30 days, it will automatically be returned to the Government and will be annotated: “The report was received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.”
f) Your response is due within 30 calendar days after receiving the CPAR.
6) The following guidelines apply concerning your use of the past performance evaluation:
a) Protect the evaluation as “source selection information.” After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and submit the form through CPARS, contact the Contracting Officer for instructions.
b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than 7 calendar days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.
8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
Section I – Contract Clause
I.1 52.252-2 Clause Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet/far.gov
Clause Title Date 1452.203-70 Restriction on Endorsements Jul 1996 1452.215-70 Examination of Records by the Department of the Interior Apr 1984 1452.224-1 Privacy Act Notification (July 1996) Deviation Jul 1996 1452.236-70 Prohibition Against Use of Lead-based Paint Jul 1996 52.202-1 Definitions Jun 2020 52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government Nov 2021 52.203-7 Anti-Kickback Procedures Jun 2020 52.203-8 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
52.203-16 Preventing Personal Conflicts of Interest 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
52.204-1 Approval of Contract Dec 1989 52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011 52.204-9 Personal Identify Verification of Contractor Personnel Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards Jun 2020
52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems Nov 2021
52.204-22 Alternative Line Item Proposal Jan 2017
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
Nov 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
Nov 2021
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
Nov 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
Oct 2018
52.209-12 Certification Regarding Tax Matters Oct 2020
52.215-2 Audit and Records–Negotiation Jun 2020 52.215-6 Place of Performance Oct 1997 52.215-8 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 Jun 2020 52.216-23 Execution and Commencement of Work Apr 1984 52.216-24 Limitation of Government Liability Apr 1984 52.216-25 Contract Definitization Oct 2010 52.216-25 Contract Definitization – Alternate 1 Apr 1984 52.219-4 Notice of Price Evaluation Preference for HUBZone Small
Business Concerns Sept 2021
52.219-6 Notice of Total Small Business Set-Aside Nov 2020
52.219-8 Utilization of Small Business Concerns Oct 2018
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 52.222-6 Construction Wage Rate Requirements Aug 2018 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 52.222-14 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 52.222-26 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 Equal Opportunity for Workers with Disabilities Jun 2020
52.222-37 Employment Reports on Veterans Jun 2020 52.222-55 Minimum Wages for Contractor Workers Under Executive Order
14026 Jan 2022
52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2022 52.223-3 Hazardous Material Identification and Material Safety Data Feb 2021 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 Drug-Free Workplace May 2001
52.223-10 Waste Reduction Program May 2011
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
Jun 2020
52.225-9 Buy American – Construction Materials Nov 2021 52.225-10 Notice of Buy American Act Requirement – Construction
Materials May 2014
52.227-4 Patent Indemnity-Construction Contracts Dec 2007 52.228-2 Additional Bond Security Oct 1997
52.228-5 Insurance – Work on a Government Installation Jan 1997 52.228-12 Prospective Subcontractor Requests for Bonds Dec 2022
52.228-14 Irrevocable Letter of Credit Nov 2014 52.229-3 Federal, State, and Local Taxes Feb 2013 52.232-5 Payments under Fixed-Price Construction Contracts May 2014 52.232-16 Progress Payments Nov 2021 52.232-17 Interest May 2014 52.232-23 Assignment of Claims May 2014 52.232-18 Availability of Funds Apr 1984 52.232-27 Prompt Payment for Construction Contracts Jan 2017 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors Mar 2023
52.233-3 Protest after Award Aug 1996 52.233-3 Protest after Award – Alternate 1 Jun 1985 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.236-4 Physical Data Apr 1984 52.236-14 Availability and Use of Utility Services Apr 1984 52.243-4 Changes Jun 2007 52.243-5 Changes and Changed Conditions Apr 1984 52.244-6 Subcontracts for Commercial Products and Commercial
Services Mar 2023
52.249-2 Termination for Convenience of the Government (Fixed- Price)
Apr 2012
52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements)
Apr 2012
52.249-10 Default (Fixed-Price Construction) Apr 1984 52.252-4 Alterations in Contract Apr 1984 52.252-6 Authorization Deviations in Clause Nov 2020
I.2 1452.204-70 Release of Claims – Department of the Interior (Jul 1996)
After completion of work and before 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 before 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 before 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 52.204-7 System for Award Management (Oct 2018)
As prescribed in 4.1105(a)(1), use the following provision:
System for Award Management (Oct 2018)
(a) Definitions. As used in this provision—
"Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that–
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into
SAM
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record "Active".
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)
(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Trade style, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation.
See https://ww.sam.gov for information on registration.
(End of provision)
Alternate I (Oct 2018). As prescribed in 4.1105(a)(2), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic provision:
(b)(1) An Offeror is required to be registered in SAM as soon as possible. If registration is not possible when submitting an offer or quotation, the awardee shall be registered in SAM in accordance with the requirements of clause 52.204-13, System for Award Management Maintenance.
I.5 52.204-8 Annual Representations and Certifications (Mar 2023)
As prescribed in 4.1202(a), insert the following provision:
Annual Representations and Certifications (Mar 2023)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238190.
(2) The small business size standard is $19.0 Million.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)
(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph
(d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) □ Paragraph (d) applies.
(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)
(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to…
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