Attachment_2_Terms_Provisions_Clauses.pdf

Solicitation (Request for Quotes) no. 140P8322Q0049, Attachment 2 (7/25/22)

Refurbish Historic McLoughlin House Outdoor Fountain Pool,, FOVA

For this solicitation, please substitute the words “quote” and “Quoter” for “offer” and “Offeror.”

SECTION B: Price Schedule

Prices shall be filled in using the price schedule template provided in Attachment no. 3, Forms to Return with Quote.

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

Background: The McLoughlin Fountain is a historic landscape feature being renovated by the NPS. The decorative cast iron fountain has been removed by the NPS and undergone conservation treatment. Prior to the decorative cast iron fountain being reinstalled, the concrete lined pool needs to be refurbished and resealed to be watertight.

Description: Replace existing concrete lining including removal of dedication plaque and pedestal, new rebar and shotcrete, install new watertight fitting for electrical and water, sand new concrete surface to smooth, seal with 5 year acrylic penetrating sealer. Contractor will provide lump sum price.

These documents are attached and incorporated into this solicitation/contract, as shown in Section J.

Attachment 5: Specifications

Project Location: Fort Vancouver National Historic Site, Historic McLoughlin House, 713 Center Street, Oregon City, Oregon 97045.

SECTION D: Packaging and Marking (not used)

SECTION E: Inspection and Acceptance 52.246-12 Inspection of Construction. (AUG 1996)

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (Aug 1996)

SECTION F: Deliveries or Performance

F.1 52.242-14 Suspension of Work. (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 45 days after the date the Contractor receives the Notice to Proceed. The time stated for completion shall include pre-construction meeting, issuance of the notice to proceed, substantial and final completion notifications, and final cleanup of the premises.

F.3 Schedule considerations

NPS anticipates awarding the contract by end of August 2022. The submittal process can begin as soon as possible thereafter. A pre-construction meeting will be scheduled to occur in September after the Labor Day holiday. The target work period is 45 days upon issuance of the Notice to Proceed (anticipating work to occur in mid to late September into

October 2022).

F.4 Seasonal Break in Contract Performance

Although NPS does not intend to suspend work during contract performance, seasonal weather conditions may restrict or prohibit normal contract activities. The Contractor’s construction schedule should take into account historic weather patterns when planning the work sequence.

52.252-2 Federal Acquisition Regulation (FAR) and Department of the Interior (DIAR) Clauses

Incorporated By Reference (Feb 1998)

This solicitation and 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 these addresses

(clauses are from the FAR unless noted):

FAR https://www.acquisition.gov/?q=browsefar

DIAR http://www.ecfr.gov/cgi-bin/text-idx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/48chapter14.tpl

Full text versions of all Deviations are found at https://www.acquisition.gov/content/caac-letters.

http://www.ecfr.gov/cgi-bin/text-idx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/48chapter14.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/48chapter14.tpl

SECTION G: Contract Administration Data

1452.201-70, Authorities and Delegations (September 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 prior authority. The Contractor shall notify the Contracting

Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting

Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause.

A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the

Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

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.

G.1 Appointment of Contractor Representative / Superintendent

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

G.2 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - Invoice Processing Platform (IPP) (April 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:

1. Contractor’s business invoice,

2. Contractor’s signed certification required by FAR clause 52.232-5 (Certification for Construction Progress

Payment), and

3. Schedule of Values (can also be built into the business invoice)

Contractor’s failure to attach the required documentation as specified above may result in the IPP invoice being rejected.

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

Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

G.3 NPS Contact Information

Contracting Officer: Phaedra Fuller 360-565-3009 phaedra_fuller@nps.gov

Contracting Officer’s Representative: to be determined after award – copy of COR’s appointment memo will be provided to contractor

G.6 NOTICE TO CONRACTORS – 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 (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

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

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

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 10 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO).

Information in the report must be protected as source selection sensitive information not releasable to the public.

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

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

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

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

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

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

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

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/

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

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

. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

a. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

b. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your

60-day review period.

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

SECTION H: Special Contract Requirements

H.1 Wage Determination

Attachment 4, U.S. Department of Labor General Wage Decision #WA20220007 dated 4/29/22 (Clark County, Washington), is incorporated into this solicitation/contract, as shown in Section J.

H.2 Preconstruction Conference

The Contracting Officer will conduct a preconstruction conference; the successful offeror will be notified and will be required to attend in person or by phone. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed. Preconstruction Conference is also addressed in Attachment no. 5, Specifications.

H.3 Subcontracting Requirements

In accordance with FAR clause 52.214-19, Limitations of Subcontracting, incorporated into the contract by reference, quoters shall be capable of meeting the requirement of 25% of the cost of contract performance incurred for personnel shall be expended for employees of the concern. This comes from clause section (e)(4) which states “Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.”

Department of the Interior Acquisition, Assistance, and Asset Policy #67 (DOI-AAAP-0067) requires the Contracting

Officer to oversee compliance with this clause. Therefore, as part of contract close-out and prior to submitting the final invoice, the contractor shall complete and submit a report showing their and their subcontractors' labor costs, identifying which subcontractors were “similarly situated” (i.e. qualify for the same set-aside under which the solicitation was competed). The report template will be provided at the pre-construction meeting.

H.4 DIAR 1452.228-70 Liability Insurance—Ddepartment of the Interior (JUL 1996)

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

The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$200,000 each person

$500,000 each occurrence

$ 20,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(c) The Contractor shall also maintain compensation insurance for employees engaged in the work, complying with the worker's compensation laws of the State in which the work is to be performed, and furnish evidence of such coverage to the Contracting Officer at the same time as the liability insurance certificate.

H.5 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 only by the

Government. Should Contractor's operations uncover or his employees find any archeological remains, Contractor shall follow the protocols in Attachment 3, Inadvertent Discovery Plan; suspend operations at the site of discovery; notify

Contracting Officer immediately of the findings; and continue operations in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for Contractor, s/he will be compensated by an equitable adjustment under the General Provisions of the Contract.

H.6 Conduct of Operations

At all times the Contractor shall conduct their organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe. The park compendium is available at https://www.nps.gov/olym/learn/management/superintendent-s-compendium.htm; this document will be updated in early 2022; the contractor must comply with the compendium in effect at the time.

The playing of radios, cassette recorders, etc., is prohibited on site or in buildings. Rowdy and disruptive behavior or sexual harassment by contractor’s employees will not be tolerated; individuals failing to comply will be removed from the site. No signs or advertisements (except those specified herein) shall be displayed on the construction site or within the park except with prior approval of the Contracting Officer. Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer.

H.7 Interpretations of Contract: Notice of Ambiguities

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

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

H.8 Infectious Disease Preparedness and Response – Coronavirus Pandemic (COVID-19)

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

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

Preparedness and Response Plan.

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

3. Upon contract award, contractors should communicate with the Contracting Officer regarding contractor decisions and actions to protect the health and safety of workers for the duration of contract performance under which pandemic conditions exist.

SECTION I: Contract Clauses

52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements (JAN 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) [only applies if award is

$30,000 or more]

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.204-23 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) [only applies if award is $3,000 or more]

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

52.219-28 Post-Award Small Business Program Re-representation. (SEP 2021)

52.222-3 Convict Labor. (JUN 2003)

52.222-6 Construction Wage Rate Requirements (AUG 2018)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (JUL 2021)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (MAY 2014)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-21 Prohibition of Segregated Facilities. (APR 2015)

52.222-26 Equal Opportunity. (SEP 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) [only applies if award is $15,000 or more]

52.222-50 Combating Trafficking in Persons. (NOV 2021)

52.222-55 Minimum Wages Under Executive Order 13658 (JAN 2022)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.223-3, Alt. 1 Hazardous Material Identification and Material Safety Data (FEB 2021), Alternate 1 (JUL 1995)

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

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (MAY 2008)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020)

52.225-9 Buy American–Construction Materials. Buy American–Construction Materials (NOV 2021)

52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021)

52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

52.228-5 Insurance-Work on a Government Installation (JAN 1997)

52.232-5 Payments under Fixed-Price Construction Contracts. (JUN 2020)

52.232-23 Assignment of Claims. (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)

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

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

52.233-1 Disputes (MAY 2014) Alternate 1 (DEC 1991)

52.233-3 Protest after Award. (AUG 1996)

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

52.236-2 Differing Site Conditions. (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-14 Availability and Use of Utility Services. (APR 1984)

52.236-17 Layout of Work. (APR 1984)

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.243-5 Changes and Changed Conditions. (APR 1984)

52.244-6 Subcontracts for Commercial Items. (JAN 2022)

52.246-21 Warranty of Construction. (MAR 1994) - Alternate I (APR 1984)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (short form). (APR 1984)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.252-6 Authorized Deviations in Clauses (APR 1984) (b) Department of the Interior (48 CFR 14)

52.253-1 Computer Generated Forms. (JAN 1991)

1452.215-70 Examination of Records by the Department of the Interior (APR 1984)

52.236-13 Accident prevention. (NOV 1991) - Alternate I

(a) The Contractor shall provide and maintain work environments and procedures which will -

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the

Contractor shall -

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part

1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any

Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Before commencing the work, the Contractor shall -

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

Addendum to 52.236-13, Alt 1:

A site-specific Accident Prevention is required for this contract, as described in the Specifications. As work proceeds, the

Accident Prevention Plan (APP) shall be adapted to new situations and new conditions. Modifications to the accepted

APP shall be made with the knowledge and concurrence of the Contracting Officer, site superintendent, and Contracting

Officer's Representative (COR). In addition, work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational

Safety and Health Administration (OSHA) standards, 29 CFR, and this FAR clause.

Should any unforeseen hazards become evident during the performance of work, the contractor shall bring such hazard to the attention of the COR, both verbally and in writing for resolution as soon as possible. In the interim necessary action shall be taken to re-establish and maintain safe working conditions in order to safeguard on-site personnel, visitors, the public, and the environment.

1452.203-70 Restriction on Endorsements (JUL 1996)

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

1452.204-70 Release of Claims (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.

1452.236-70 Prohibition Against Use of Lead-based Paint—Department of the Interior (JUL 1996)

Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

SECTION J: List of Documents, Exhibits and Other Attachments

Attachment

Number Title/Description

Total

Pages

1 READ ME FIRST document 3

2 Terms, Provisions, and Clauses (7/25/22) 18

3 Forms to Return with Quote 8

Department of Labor Davis-Bacon Wage

Determination no. OR20220023 (7/8/22)

5 Project Specifications (7/22/22) 11

Information and requirements stated in Sections A through J and the attachments noted in section J apply to this solicitation and the subsequent contract. Sections K through M apply to the solicitation only.

SECTION K -- Representations, Certifications and Other Statements of Offerors

K.1 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

K.2 52.204-08, Annual Representations and Certifications (MAR 2020)

This provision is provided in full text in Attachment no. 3, Forms to Return with Quote. Quoter shall refer to

Attachment no. 3, specifically paragraph (b) items (i) and (ii).

K.3 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021)

This provision is provided in full text in Attachment no. 3, Forms to Return with Quote. Quoters shall refer to

Attachment no. 3, specifically paragraph (d), items (1) and (2).

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference in Sections K and L 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.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

• Federal Acquisition Regulation (FAR) https://www.acquisition.gov/far https://www.acquisition.gov/far

SECTION L: Instructions, Conditions, and Notices to Offerors (Quoters) or Respondents

L.1 INQUIRIES

a) To ensure questions are adequately addressed and appropriate action taken prior to submission of quote, questions must be received no later than 4:00 pm (PDT) on August 11, 2022. Questions and/or comments received after this time may or may not be addressed prior to the solicitation closing date. Note: Amendment(s) to the solicitation answering any questions relative to these documents will be timely posted at www.SAM.gov. Send written inquiries to phaedra_fuller@nps.gov. Please reference solicitation number 140P8322Q0049 in the subject line of emailed questions.

b) “Or Equal” product requests: The Government's evaluation of requests to substitute specified products will be made after contract award as part of the submittal review process (reference FAR clause 52.236-5).

L.2 SITE VISIT

a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the

Work, will be included in any contract awarded as a result of this solicitation. Accordingly, quoters are urged and expected to inspect the site where the work will be performed and the logistics associated with the site.

b) An organized pre-quote site is scheduled for all interested parties on Monday, August 1, 2022 at 1:00 pm (PDT). Interested parties shall RSVP by email to phaedra_fuller@nps.gov, and cc:

alex_patterson@nps.gov. When you RSVP, please include your company name and provide a point of contact name with mobile phone number. Please RSVP by July 29, 2022.

• Attendees shall meet at the Historic McLoughlin House, 713 Center Street, Oregon City, Oregon

97045. Point of contact for the site visit is Alex Patterson, Chief of Facility Management at

FOVA, at mobile number (360) 921-6240. Driving directions can be obtained from any map app on smart phones or you’ll find a map of Fort Vancouver National Park at this website:

https://www.nps.gov/fova/planyourvisit/maps.htm.

• Alex or one of his staff will be leading the site visit, noting, and answering any questions.

However, if answers cannot be provided during the site visit, then they will be noted, and answered in the site visit notes that will be posted as a separate attachment to the solicitation, as an amendment to the solicitation within a few days of the site visit.

• If questions arise immediately after the site visit, please send them in writing by email to Phaedra

Fuller, Contracting Officer (email: phaedra_fuller@nps.gov).

• It is strongly encouraged that anyone interested in potentially submitting a quote for this project, attend the site visit. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

• Face masks may be required for attending the site visit so please be prepared.

mailto:phaedra_fuller@nps.gov mailto:alex_patterson@nps.gov https://www.nps.gov/fova/planyourvisit/maps.htm

L.3 LIST OF FORMS PROVIDED IN SOLICITATION

1. SF-1442 (Solicitation Form). Pages 1-3 of PDF named “Sol_140P8322Q0049” hyperlinked from SAM notice.

Editable forms 2 – 4 are in Attachment no. 3 “Forms to Submit with Quote” Word document hyperlinked from the solicitation at SAM.gov.

2. Price schedule

3. FAR Representation 52.204-24

4. Relevant experience form

L.4 QUOTE CONTENTS

(a) The quote should include documents listed below.

1. Standard Form 1442, Solicitation, Offer, and Award, (Construction, Alteration, or Repair): Complete

Blocks 14 through 20C only. An official having the authority to contractually bind the Quoterr's company must sign the SF1442 in accordance with the procedures prescribed in FAR 4.102 (FAR 4.102 Contractor Signature

Acquisition.GOV).

2. Acknowledgement all Amendments. Offerors may acknowledge any amendments issued by filling in Block 19 on the SF-1442, writing in initials and date for each amendment issued. Quoter may also submit the SF-30

Amendment form(s) so long as Quoter fills in blocks 8 (business name/address) ,15A, 15B, and 15C.

3. Fill in all sections of attachment no. 3, FORMS TO RETURN WITH QUOTE:

a) Price Schedule: Fill in lump sum price in provided line item

b) FAR Representations:

i. Section K.2 above is FAR Provision 52.204-08, Annual Representations and Certifications

(MAR 2020). Within the provision, refer to paragraph (b), items (i) and (ii).

ii. Section K.3 above is FAR Provision 52.204-24, Representation Regarding Certain

Telecommunications and Video Surveillance Services or Equipment (NOV 2021). Within the provision, refer to paragraph (d), items (1) and (2).

c) Relevant Experience Form(s) provided in Attachment no. 3 for up to 10 projects performed by the quoter as the prime contractor. Quoter shall demonstrate that it can accomplish the work in accordance with the project specifications.

4. Provide proposed project schedule on Gantt chart format. NPS understands that this is only an estimated schedule and actual dates may change after award. NPS is asking for a schedule as part of quote to be able to understand if quoter can do the work within the Government’s anticipated period of performance or not. If not, along with quoter’s proposed project schedule, quoter shall explain any product delivery lead time issues that look to impact schedule/start date.

https://www.acquisition.gov/far/part-4#FAR_4_102 https://www.acquisition.gov/far/part-4#FAR_4_102

5. Small Business Program Rerepresentation. In accordance with the clause 52.219-28 incorporated by reference in Section I.1 above, FILL IN THIS SECTION ONLY IF QUOTER DOES NOT have a representation in

SAM for the NAICS code applicable to this solicitation:

(Date)

(b) Prior to the solicitation closing date and time the prime contractor’s (quoter’s) SAM registration status must be

“Active” at www.SAM.gov.

(c) By submission of a quote, the Contractor certifies that neither it, nor any person or firm who has an interest in the

Contractor's firm, is a person or firm ineligible to be awarded Government contracts by virtue of being suspended or debarred in accordance with FAR Subpart 9.4.

L.5 SUBMITTING YOUR QUOTE

Submit one PDF file in which the items listed above are combined (may submit up to five separate files in Microsoft

Word, Excel, or PDF format only if necessary). Attach electronic quote to e-mailed message and send to phaedra_fuller@nps.gov. Each message must be no larger than 20MB in size due to system limitations. Include the solicitation number in the message subject line. Include the business name in the file name, e.g. “ABC Co., 140P8322Q0049”.

L.6 52.216 Type of Contract (APR 1984)

The Government contemplates award of one firm fixed-price contract resulting from this solicitation.

L.7 FAR Provisions Incorporated by Reference

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.215-1 Instructions to Offerors—Competitive Acquisition (NOV 2021)

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)

52.225-10 Notice of Buy American Act Requirement - Construction Materials. (MAY 2014)

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)

(a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting

Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror ’s request for a wage determination for a secondary site of the work.

The Contractor represents that it □ is, □ is not a small business concern under NAICS Code 238990 assigned to solicitation number 140P8322Q0049. The associated small business size standard for NAICS 238990 is $16.5 million.

(Print First/Last Name, Title, Company Name)

(Signature) (Date) http://www.sam.gov/

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for

Construction (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade: 6.9%

Goals for Female Participation for Each Trade: 4.5%

These goals are applicable to all of the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the

Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance

Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals.

The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the

Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR

60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the - (1)

Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3)

Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5)

Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is Skagit County, Washington.

52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of https://www.acquisition.gov/far/52.225-9#FAR_52_225_9 https://www.acquisition.gov/far/52.225-9#FAR_52_225_9 https://www.acquisition.gov/far/52.225-9#FAR_52_225_9 equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at

FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the

Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

https://www.gsa.gov/forms-library/solicitation-offer-and-award-construction-alteration-or-repair

SECTION M: Evaluation Factors for Award

(a) Evaluation is an assessment of the quote and of the quoter's ability to perform the prospective contract successfully.

Evaluation and award will be conducted using the simplified acquisition procedures described in FAR Part 13 and will be based solely on the quote and its associated documents. Review instructions above to ensure quote is complete.

(b) The Government will award a single firm-fixed-price contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation represents the best value to the Government, price and other factors considered.

(c) The following factors will be used to evaluate each quote. When combined, the non-price factors are approximately equal to price.

1. Price. NPS will perform a price evaluation to determine the reasonableness of the quoted price. Reasonableness will be determined considering other competitive prices received and comparison to the independent Government estimate…