B08_140P2020R0109.pdf
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- Attached to
- CHOH 141450 Paw Paw Tunnel Design Build
- Solicitation number
- 140P2020R0109
About this file
This is a solicitation for a design-build contract to improve visitor safety and remediate rock fall hazards at the Paw Paw Tunnel located within Chesapeake & Ohio Canal National Historic Park. The contract is valued between $5 million to $10 million and will involve designing and constructing needed repairs to stabilize and repair a portion of the tunnel and towpath. The National Park Service is the contracting agency, with an anticipated period of performance from September 2020 to May 2022. Offerors must submit proposals by August 6, 2020. The solicitation includes standard clauses for design-build contracts and identifies subcontracting requirements, an estimated price range, applicable specifications and drawings, and evaluation criteria for proposals.
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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
NPS, DSC Contracting Services Div
12795 W. Alameda Pkwy
P.O. Box 25287 Denver CO 80225-0287
PDS
NPS, DSC Contracting Services
ATTN: James Waller 12795 W. Alameda Parkway Lakewood, CO 80922
James Waller 303-969-2488
CHOH 241450
x 07/21/2020
140P2020R0109
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
CHOH 241450 Improve Visitor Safety and Remediate Rock Fall Hazards Paw Paw Tunnel
a) The National Park Service (NPS), Department of Interior (DOI), Denver Service
Center (DSC), is soliciting proposals on a full and open basis from all interested businesses having the capability to perform the work described below. The anticipated acquisition will be unrestricted. All responsible sources may submit an offer for consideration in accordance with these and other terms and conditions of the anticipated solicitation.
b) Estimated Price Range: Between $5,000,000 - $10,000,000 (note the estimated price range per the allowable ranges in FAR 36.204.)
c) Refer to section "L" for information regarding a pre-proposal site visit.
d) Information and requirements stated in sections "B" through "J" & attachments noted in section "J" apply to this solicitation and the subsequent contract.
e) Refer to section "L" for proposal submittal requirements.
f) This is a single solicitation for a Two Phase Design Build Procurement. The dates on the 1442 represent the issue date and the date Phase 1 will be due. Upon completion of the Phase 1 evaluation, up to five offerors will be asked to proceed to Phase 2. It is estimated that Phase 2 will be issued on August 07, 2020 with a
Phase 2 proposal due date of August 24,2020.
Continued ...
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 620 calendar days and complete it within ________________ ________________ calendar days after receiving
08/06/2020
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
Anne Laporta
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 180
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P2020R0109
g) This is currently an unfunded requirement with a high expectation that funds will be available.
When and if funds become available a contract will be awarded at that time.
Legacy Doc #: NPS
Period of Performance: 09/21/2020 to 05/31/2022
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Solicitation Revised: 6/4/20
Document No.
140P2020R0109
Document Title
CHOH 241450 Paw Paw Tunnel
TABLE OF CONTENTS
PART I – THE SCHEDULE
SECTION A -- SOLICITATION, OFFER, & AWARD
SECTION B – SUPPLIES OR SERVICES AND PRICES
SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK
SECTION D – PACKAGING AND MARKING
SECTION E – INSPECTION AND ACCEPTANCE
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
SECTION F – DELIVERIES OR PERFORMANCE
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)
52.211-13 TIME EXTENSIONS (SEPT 2000)
52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)
52.242-14 SUSPENSION OF WORK (APR 1984)
SECTION G – CONTRACT ADMINISTRATION DATA
1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)
1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR (JUL 1996)
NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING
SYSTEM (DEC 2015)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT PLATFORM
(APR 2013)
SECTION H – SPECIAL CONTRACT REQUIREMENTS
SPECIAL CLAUSE 1: INFECTIOUS DISEASE PREPAREDNESS AND RESPONSE – CORONAVIRUS
PANDEMIC (COVID-19)
SPECIAL CLAUSE 2: OPTION FOR ADDITIONAL SERVICES—SEPARATELY PRICED LINE ITEMS .. 22
SPECIAL CLAUSE 3: KEY PERSONNEL
SPECIAL CLAUSE 4: KEY SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS .. 23
SPECIAL CLAUSE 5: SMALL BUSINESS PARTICIPATION
SPECIAL CLAUSE 6: Insurance and Liability
SPECIAL CLAUSE 7: DESIGN BUILD CONTRACT ORDER OF PRECEDENCE
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SPECIAL CLAUSE 8: GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS, AND
SPECIFICATIONS
SPECIAL CLAUSE 9: GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR
CONSTRUCTION
SPECIAL CLAUSE 10: WARRANTY OF DESIGN (FIRM FIXED PRICE DESIGN-BUILD CONTRACT ... 26
SPECIAL CLAUSE 11: PARTNERING
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
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 SUBONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)
52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER
ACTIVITY (MAY 2014)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN
2020)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)
52.203-14 DISPLAY OF HOTLINE POSTER(S) (JUN 2020)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS
OR STATEMENTS (JAN 2017)
1452.203-70 RESTRICTIONS ON ENDORSEMENTS (JUL 1996)
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER
(MAY 2011)
52.204-9 PERSONAL IDENTITY 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)
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)
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52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN
2016)
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES AND EQUIPMENT (AUG 2019)
52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020)
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (OCT 2018)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV
2015)
52.210-1 MARKET RESEARCH (JUN 2020)
52.215-2 AUDIT AND RECORDS—NEGOTIATION (JUN 2020)
1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR (APR 1984) .. 52
52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA—
MODIFICATIONS (JUN 2020)
52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—MODIFICATIONS (JUN 2020) 53
52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)
52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)
52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB)
OTHER THAN PENSIONS (JUL 2005)
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN
CERTIFIED COST OR PRICING DATA—MODIFICATIONS (JUN 2020)
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS
CONCERNS (DEVIATION 2019-01)
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (AUG 2018) ALTERNATE II (JUN 2020)
52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)
52.222-3 CONVICT LABOR (JUN 2003)
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME COMPENSATION
(MAR 2018)
52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)
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52.222-7 WITHHOLDING OF FUNDS (MAY 2014)
52.222-8 PAYROLLS AND BASIC RECORDS (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)
52.222-13 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 (APRIL 2015)
52.222-26 EQUAL OPPORTUNITY (SEPT 2016)
52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APRIL
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)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
(DEC 2010)
52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)
52-222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)—
ALTERNATE I (JULY 1995)
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
(JUN 2020)
52.223-21 FOAMS (JUN 2016)
52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)
52.224-2 PRIVACY ACT (APR 1984)
52.224-3 PRIVACY TRAINING (JAN 2017)
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52.225-11 BUY AMERICAN – CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT
2019)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN
2020)
52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007)
52.227-17 RIGHTS IN DATA – SPECIAL WORKS (DEC 2007)
52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)
52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.228-11 PLEDGES OF ASSETS (AUG 2018)
52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)
52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)
52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (JUN 2020)
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (JUN 2020)
52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
52.232-17 INTEREST (MAY 2014)
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT
(OCT 2018)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
(DEC 2013)
52.233-1 DISPUTES (MAY 2014)—ALTERNATE I (DEC 1991)
52.233-3 PROTEST AFTER AWARD (AUG 1996)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
52.236-2 DIFFERING SITE CONDITIONS (APR 1984)
52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)
52.236-4 PHYSICAL DATA (APR 1984)
52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)
52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
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52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)
52.236-8 OTHER CONTRACTS (APR 1984)
52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS (APR 1984)
52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)
52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)
52.236-12 CLEANING UP (APR 1984)
52.236-13 ACCIDENT PREVENTION (NOV 1991)
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)
52.236-17 LAYOUT OF WORK. (APR 1984)
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)
52.236-24 WORK OVERSIGHT IN ARCHITECT-ENGINEER CONTRACTS (APRIL 1984)
52.236-25 Requirements for Registration of Designers (June 2003)
52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)
1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT (JUL 1996)
52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)
52.242-13 BANKRUPTCY (JUL 1995)
52.243-4 CHANGES (JUN 2007)
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2020)
52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
52.248-3 VALUE ENGINEERING—CONSTRUCTION (OCT 2015)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)—
ALTERNATE I (SEPT 1996)
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J – LIST OF ATTACHMENTS
PART IV – REPRESENTATIONS AND INSTRUCTIONS
SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS .. 149
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014)
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52.204-24 REPRESENTATIONS REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES AND EQUIPMENT (DEC 2019)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION (JUN
2018)
52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) ... 156
SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)
52.204-22 ALTERNATE LINE ITEM PROPOSAL (JAN 2017)
52.211-6 BRAND NAME OR EQUAL (AUG 1999)
52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN 2017
52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)
1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION—DEPARTMENT OF THE
INTERIOR (APR 1984)
52.216-1 TYPE OF CONTRACT (APR 1984)
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY
2014)
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS (MAY 2014)
52.228-1 PROPOSAL GUARANTEE (SEP 1996)
52.233-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (SEPT 2006) (DEVIATION) (JUL
1996)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
SECTION M – EVALUATION FACTORS FOR AWARD
SPECIAL PROVISION 1: EVALUATION OF OPTIONS
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PART I – THE SCHEDULE
SECTION A -- SOLICITATION, OFFER, & AWARD
Solicitation, Offer, and Award (SF-1442) - pages 1- 3 of this package
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SECTION B – SUPPLIES OR SERVICES AND PRICES
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SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK
The work will take place within a portion of the Chesapeake & Ohio Canal National Historic Park. The Paw Paw Tunnel is a 3,118-foot long historic canal tunnel located near Oldtown, Maryland. The project is located on the Chesapeake and Ohio Canal (C&O) at mile marker 184.5 in Maryland.
This project is for Design-Build construction services to design and construct needed repairs to stabilize and repair the condition of a portion of the tunnel and a portion of the C&O Canal Towpath to mitigate rockslide hazards.
The 184.5-mile C&O Canal Towpath is the backbone of the Potomac Heritage National Scenic Trail network. Along with the Great Allegany Passage trail, the towpath is part of one of the United States’ premier off road recreational trails, stretching 335 miles from Pittsburgh to Washington, DC. Should the boardwalk at the Paw Paw Tunnel fail, there is no possible detour for the towpath.
In the recent past when the C&O Canal Towpath was closed in that section due to a rockslide. The condition of the stone presents a significant life safety hazard for the park visitor. The number and size of falling rocks have increased each year. Inspections by park staff have revealed multiple vertical fissures and cracks and precariously perched stones.
Further review by a geotechnical engineer or geologist is required.
The NAICS Code for this requirement is 237990 (Other Heavy and Civil Engineering Construction) with a size standard of $39.5 million.
Project Location: The project is located on the Chesapeake and Ohio Canal (C&O) at mile marker 184.5 in Maryland, near Oldtown, MD. See the Chesapeake & Ohio Canal National Historic Park website at:
https://www.nps.gov/choh/index.htm for
SPECIFICATIONS AND DRAWINGS ARE ATTACHED AND INCORPORATED HEREIN BY REFERENCE, SEE
SECTION J, AND ATTACHMENT(S)
https://www.nps.gov/choh/index.htm
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SECTION D – PACKAGING AND MARKING
No clauses included.
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SECTION E – INSPECTION AND ACCEPTANCE
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the
Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not—
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The
Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The
Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may—
(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or
(2) Terminate for default the Contractor’s right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the
Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.
(End of clause)
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SECTION F – DELIVERIES OR PERFORMANCE
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
(a) The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) design and construct the entire work ready for use not later than 620 calendar days after receipt of the contract notice to proceed. The maximum proposed performance period may not exceed 620 calendar days after receipt of the notice to proceed. The times stated for completion shall include final cleanup of the premises.
52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,482.00 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
52.211-13 TIME EXTENSIONS (SEPT 2000)
Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.
52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)
If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.
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52.242-14 SUSPENSION OF WORK (APR 1984)
(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the
Government.
(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.
(c) A claim under this clause shall not be allowed—
(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and
(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
SECTION G – CONTRACT ADMINISTRATION DATA
1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 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
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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.
(End of clause)
NOTICE TO CONTRACTORS - 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 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
a. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
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b. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.
c. All information provided should be reviewed for accuracy prior to submission.
d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
f. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
6. The following guidelines apply concerning your use of the past performance evaluation:
a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
(End of Notice)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT PLATFORM
(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. The IPP website address is: https://www.ipp.gov.
The contractor shall submit a draft Invoice Package, including copies of the following documents, to the National Park Service’s (NPS) Construction Management Representative (CMR) a minimum of 5 working days prior to submittal of the formal Invoice through IPP. Within 5 working days of receipt, the CMR shall provide an acceptability recommendation to both the NPS Contracting Officer’s Representative (COR) and the contractor. If the CMR recommends acceptance, the contractor shall submit a copy of the final version of the CMR’s checklist and the Invoice Package to the NPS through IPP.
1. Completed copy of the CMR’s final Construction Payment Request Checklist (Submit only with the formal submittal to IPP)
2. Completed copy of the Pay Estimate Form (including signed certification of subcontractor payments)
3. Completed copy of the Limitations on Subcontracting Report
4. Certified copies of Payroll Reports per Contract clause 52.222-8 Payrolls and Basic Records.
5. Completed copy of the Payroll Report PII Certification
6. Information required by contract clause 52.232-27, Prompt Payment for Construction Contracts
7. A copy of the current construction schedule (refer to project specification section 013216)
8. A copy of the current Schedule of Values. (refer to project specification section 013216) https://www.ipp.gov/
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The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause) mailto:ippgroup@bos.frb.org
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SECTION H – SPECIAL CONTRACT REQUIREMENTS
SPECIAL CLAUSE 1: 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.
4. The following websites provide additional guidance and information:
a. https://www.coronavirus.gov/
b. https://www.osha.gov/SLTC/covid-19/
c. https://www.cdc.gov/coronavirus/2019-ncov/index.html
d. https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/construction-workers.html
e. https://www.fema.gov/coronavirus
f. https://www.nps.gov/aboutus/news/public-health-update.htm
(End of Local Clause)
SPECIAL CLAUSE 2: OPTION FOR ADDITIONAL SERVICES—SEPARATELY PRICED LINE
ITEMS
The Government may require the delivery of the numbered line items identified in the Schedule as option items at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by written notice to the
Contractor within 365 days after contract award. Performance of added line item tasks shall be at the price negotiated in the contract Schedule.
https://www.coronavirus.gov/ https://www.osha.gov/SLTC/covid-19/ https://www.cdc.gov/coronavirus/2019-ncov/index.html https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/construction-workers.html https://www.fema.gov/coronavirus https://www.nps.gov/aboutus/news/public-health-update.htm
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SPECIAL CLAUSE 3: KEY PERSONNEL
(a) The Contractor shall assign to this contract the following key personnel:
Project Manager: _____________________________________________
The Project Manager is a separate full-time position and must be staffed by one individual that has no other responsibilities for this project.
Job-site Superintendent: ________________________________________
The Job-Site Superintendent is required to be on-site when work is taking place. This position may be staffed by an individual that also may serve as On-Site Safety Manager.
Quality Control Manager: ________________________________________
The QC Manager is a separate position and must be staffed by one individual that has no other responsibilities for this project. This position may be staffed at less than full-time; however, the staffing for this position must be adequate to execute the work in accordance with Contract documents and is sufficient to produce documents, reports and all deliverables to ensure compliance with Quality Control
Plan and coordinate with the Architect/Engineer of Record for compliance review responsibilities.
On-Site Safety Manager: _________________________________________
The On-Site Safety Manger is required to be on-site when work is taking place. This position may be staffed by an individual that also may serve as Job-Site Superintendent.
(b) During the first 180 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting
Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 365-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.
Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting
Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.
(End of clause)
SPECIAL CLAUSE 4: KEY SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR
CONSULTANTS
(a) The Contractor shall identify firms that will perform the following responsibilities under this contract. If Key Trades will be self-performed, note “self-performed” in the appropriate trade; otherwise provide the name(s) of assigned subcontractors.
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(1) Designer of Record:
(2) Rock Scaling and Stabilization Contractor
(b) The assignments above are permanent for the contract duration. The Contractor shall make no substitutions of the above listed contractors unless the substitution is approved or directed by the Contracting Officer. The Contractor shall send requests for substitutions to the Contracting Officer a minimum of 15 calendar days prior to any substitution and provide the information required by paragraph (c) below.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete qualification statements for the proposed substitutes, and any additional information requested by the
Contracting Officer. Proposed substitutes shall have comparable qualifications to the firm being replaced. The
Contracting Officer will approve or deny substitution requests within 15 calendar days after receipt of all required information. This clause will be modified to reflect any approved changes.
(End of clause)
SPECIAL CLAUSE 5: SMALL BUSINESS PARTICIPATION
(a) Definitions. As used in this clause— “Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor calling for supplies or services required for performance of the contract.
(b) The contractor shall ensure a minimum 20% of the total contract value is performed by Small Business. This requirement may be met by
i. Self-performance by small business prime contractors and / or
ii. Subcontracting portions of the work to small businesses
(c) Prior to submittal of their initial invoice the contractor shall submit a small business participation plan that demonstrates compliance with the requirements noted in (b) above. The plan shall include:
i. A listing of anticipated subcontracts to small businesses including the following information for each subcontract:
Subcontractor name Description of supply or service Subcontract dollar value
ii. If the prime contractor is a small business then also list the dollar value of the work the prime contractor will self-perform.
iii. Total dollar value for all small business subcontracts + dollar value of work to be self-performed by small business prime contractors.
iv. The total prime contract dollar value.
v. Small business participation expressed as a percentage of the total contract value contracted to small businesses and self-performed by small business prime contractors.
(d) Failure of the contractor to meet the minimum required small business participation shall be reflected in the Government’s evaluation of the contractor’s performance upon contract completion.
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SPECIAL CLAUSE 6: Insurance and Liability
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:
Employer's liability $100,000
General liability $500,000
Construction Per person $100,000 Per occurrence $500,000 Property damage $1,000,000
Architect-Engineer Per person $200,000 Per occurrence $500,000 Property damage $ 20,000
Automobile liability Per person $200,000 Per occurrence for bodily injury $500,000 (other than passenger liability) Per occurrence for property damage $20,000
Aircraft public and passenger liability, when aircraft used in connection with the performing this contract Per person $200,000 Per occurrence for bodily injury $500,000 Per occurrence for property damage $200,000 Passenger liability bodily injury $200,000 multiplied by number of seats or passengers, whichever is greater
If this is a construction contract, the Contractor shall maintain compensation insurance, for employees engaged in the work, complying with the workmen's compensation laws of the State in which the work is to be performed and shall maintain liability insurance protecting the Contractor from claims because of bodily injury (including death) and property damage arising under this Contract.
(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.
SPECIAL CLAUSE 7: DESIGN BUILD CONTRACT ORDER…
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