B08_(aa)_140P3022R0003_GWMP_Guardrail.pdf

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140P3022R0003

PAGE OF

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TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule A Solicitation/Contract Form 1 B Supplies/Services and Prices 5 C Descriptions/Specifications/Statement of Work 7 D Packaging and Marking 8 E Inspection and Acceptance 8 F Deliveries or Performance 8 G Contract Administration Data 10 H Special Contract Requirements 15

PART II – Contract Clauses I Contract Clauses 16

PART III – List of Documents, Exhibits, and Other Attachments J List of Attachments 22

PART IV – Representations and Instructions K Representations, Certifications, and Other Statements of Offerors 38 L Instructions, Conditions, and Notices to Offerors 28 M Evaluation Factors for Award 43

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Item No. Description Estimated Quantity 1 Mobilization and Demobilization 1.00 2 Construction Maintenance of Traffic (MOT) 1.00 3 Site Restoration 1.00 4 Remove Guardrail 1150.00 5 Install Steel‐Backed Timber Guardrail Type A 720.00 6 Install G4 W‐Beam Guardrail (Single Face) 430.00 7 Install Steel‐Backed Timber Guardrail Type A (Optional) 100.00 8 Install G4 W‐Beam Guardrail (Single Face) (Optional) 100.00 9 Remove Asphalt Concrete Pavement 1440.00

10 Place Asphalt Concrete Pavement 1440.00

Item No. Description Estimated Quantity 1 Mobilization and Demobilization 1.00 2 Construction Maintenance of Traffic (MOT) 1.00 3 Contractor Quality Control 1.00 4 Site Restoration 1.00 5 Locate Utilities 1.00 6 Removal of Guardrail 1440.00 7 Install G4 W‐Beam Guardrail (Double Face) 1440.00 8 Install G4 W‐Beam Bridge Transition Section 1.00 9 Remove Concrete Asphalt Pavement 4320.00

10 Place Asphalt Concrete Pavement 4320.00

Item No. Description Estimated Quantity Unit Price 1 Mobilization and Demobilization 1.00 2 Construction Maintenance of Traffic (MOT) 1.00 3 Contractor Quality Control 1.00 4 Site Restoration 1.00 5 Locate Utilities 1.00 6 Removal of Guardrail 2040.00 7 Install G4 W‐Beam Guardrail (Double Face) 2040.00 8 Install G4 W‐Beam Bridge Transition Section 2.00 9 Remove Concrete Asphalt Pavement 6120.00

10 Asphalt Concrete Pavement 6120.00

Item No. Description Estimated Quantity Unit 1 Construction Maintenance of Traffic (MOT) 1.00 LPSM 2 Site Restoration 1.00 LPSM 3 Remove Guardrail 100.00 LF 4 Install Steel‐Backed Timber Guardrail Type A 100.00 LF 5 Remove Asphalt Concrete Pavement 300.00 SF 6 Place Asphalt Concrete Pavement 300.00 SF

Project: Repair the failed guardrails from vehicle‐guardrail collisions Park: GWMP PMIS: 251893 and 312781 Bidding Schedule: Schedule A (Base Contract)

Unit Unit Price Estimated Amount

LPSM $0.00

LPSM $0.00

LPSM $0.00

LF $0.00

LF $0.00

LF $0.00

LF $0.00

LF $0.00

SF $0.00

SF $0.00

Total $0.00

Bidding Schedule: Schedule B (Option) Unit Unit Price Estimated Amount

LPSM $0.00

LPSM $0.00

LPSM $0.00

LPSM $0.00

LPSM $0.00

LF $0.00

LF $0.00

EACH $0.00

SF $0.00

SF $0.00

Total $0.00

Bidding Schedule: Schedule C (Option) Unit Estimated Amount

LPSM $0.00

LPSM $0.00

LPSM $0.00

LPSM $0.00

LPSM $0.00

LF $0.00

LF $0.00

EACH $0.00

SF $0.00

SF $0.00

Total $0.00

Bidding Schedule: Schedule D (Option) Unit Price Estimated Amount

$0.00 $0.00

$0.00

Total $0.00

$0.00 $0.00 $0.00

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FAR 36.204 Disclosure of the magnitude of construction projects: Between $1,000,000 and $2,000,000.

SECTION C – DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C.0 BACKGROUND

C.0.1 NATIONAL PARK SERVICE

The National Park Service (NPS) is a bureau of the U.S. Department of the Interior (DOI) that has been entrusted with the care of our national parks since 1916. The NPS preserves unimpaired natural and cultural resources, and values of the National Park System for the enjoyment, education, and inspiration of this and future generations. The NPS cooperates with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation throughout this country and the world.

The NPS - National Capital Area (NCA) supports natural wonders to man-made marvels in Virginia, West Virginia, Maryland, and the District of Columbia. The NCA parks include Antietam National Battlefield, Catoctin Mountain Park, Chesapeake & Ohio Canal National Historical Park, George Washington Memorial Parkway, Harpers Ferry National Historical Park, Manassas National Battlefield Park, Monocacy National Battlefield, National Capital Parks - East, National Mall and Memorial Parks, Potomac Heritage National Scenic Trail, President’s Park, Prince William Forest Park, Rock Creek Park, and Wolf Trap National Park for the Performing Arts.

C.1 PURPOSE

The DOI – NPS - NCA – has a requirement to repair the failed guardrails from vehicle-guardrail collisions

C.2 SCOPE OF WORK

This project will provide all materials, labor, and equipment required to install W‐Beam Guardrail Steel Post system and Steel‐Backed Timber (SBT) system (replacement in‐kind) per contract plans at several locations along the George Washington Memorial Parkway (GWMP). Work includes removal (1) removal of asphalt concrete in the median, (2) removal of the existing guard rails, posts, and other components, (3) placing new guardrail system, (4) placing new asphalt in the median, and (5) restoring the site to its original condition.

The existing guardrail alignment will remain the same. The existing post holes must be used for the new posts. The new materials include Corten steel (weathering steel) that matches the existing guardrail material. All materials will be new for Schedules B and C with no salvaged material. Existing posts may be salvaged as part of Schedule A or D the CO approval.

Contractor is responsible to dispose all construction debris outside of the limits of GWMP in accordance with Federal, State, and Local regulations. In addition, Contractor is responsible for safe Maintenance of Traffic (MOT) during construction in compliance with MUTCD and the contract specifications.

C.3 SPECIAL PROJECT SPECIFICATIONS

All work shall perform in accordance with the special project specifications (Attachment 3) and the Plans (Attachment 2);

as well as conform to the specifications in the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, U.S. Customary Units” publication FP-14, 2014 Edition. This publication may be obtained from:

8 | 47 https://flh.fhwa.dot.gov/resources/specs/

C.4 GENERAL PLACE OF PERFORMANCE AND HOURS OF OPERATION

George Washington Memorial Parkway (Arlington and Fairfax Counties, Virginia and Washington D.C.)

Normal operational hours are approximately from 07:00 am to 4:30 PM Eastern Standard Time, Monday through Friday.

No work shall occur on the following Federal Holidays:

New Year’s Day – January 1st

Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – Last Monday in May Independence Day – July 4th Labor Day – First Monday in September Columbus Day – Second Monday in October Veteran’s Day – November 11th

Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

SECTION D—PACKAGING AND MARKING

{For this Contract, there are NO clauses in this Section}

SECTION E—INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

acquisition.gov

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction. (APR 1996) 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements (AUG 1996)

FULL-TEXT CLAUSES

Not Applicable

SECTION F—DELIVERIES OR PERFORMANCE

https://flh.fhwa.dot.gov/resources/specs/

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

acquisition.gov

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work. (APR 1984)

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) -

ALTERNATE I (APR 1984)

The Contractor shall be required to:

(a) Commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than ninety (90) days from Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

The completion date may be extended by the number of calendar days after the date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

FAR 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.

(End of clause)

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SECTION G—CONTRACT ADMINISTRATION DATA

POST AWARD CONFERENCE

A post award conference with the successful offeror will be scheduled if required by the Contracting Officer and/or Contracting Officers Representative. It will be scheduled as soon as possible after the date of the contract award. All dates and locations of the conference will be mutually agreed upon and may be held via teleconference or onsite.

G.1 PRE-WORK MEETING

Prior to commencement of work, the CO or COR and/or POC will arrange a meeting with the contractor to discuss the contract terms and work performance requirements. A work progress schedule will be developed at this meeting.

G.2 DESIGNATION OF CONTRACTING OFFICERS REPRESENTATIVE (COR) AND/OR POINT-OF-

CONTACT (POC)

A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award of the contract in accordance with DIAR 1452.201-70 Authorities and Delegations (SEP 2011). The name will be designated on a letter or form.

B. The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

D. On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer.

Whenever, in the opinion of the Contractor, the COR’s requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative. If the COR persists and there still exists a disagreement as to proper contractual coverage, the CO should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

E. The COR's major duties and responsibilities are contained in Contracting Officer Representative Letter. The

COR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

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10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

15. Issue any direction that would result in a possible change to contract requirements.

F. The POC will be used if an official certified COR cannot be designated at the time of award. The POC will not be designated in writing and will assist the CO in the day-to-day on-site administration of the contract requirements and/or performance.

• The POC is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the CO prior to completion of the contract.

• The CO should be informed as soon as possible of any actions or inactions by the Contractor or the

Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the OCO provided they do not affect the delivery schedule or performance period stated in the contract.)

• On all matters that pertain to the contract terms the Contractor must communicate with the CO.

Whenever, in the opinion of the Contractor, the POC requests effort outside the scope of the contract, the Contractor should so advise the CO. If the POC persists and there still exists a disagreement as to proper contractual coverage, the CO should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.3 ADMINISTRATIVE CONTRACTING OFFICE

Interior Region 1 - National Capital Area Office of Acquisition, Financial Assistance, & Property Management 1100 Ohio Drive, S.W.

Washington, D.C. 20242

G.4 SYSTEM FOR AWARD MANAGEMENT (SAM)

The General Service Administration (GSA) Office of Governmentwide Policy is consolidating the governmentwide acquisition and award support systems into one new system – the System for Award Management (SAM). SAM is streamlining processes, eliminating the need to enter the same data multiple times, and consolidating hosting to make the process of doing business with the government more efficient.

The Entity Management functional area of SAM, formerly Central Contractor Registration (CCR), Online Representations and Certifications (ORCA), and Federal Agency Registration (FedReg), is the primary database for the U.S. Federal Government to manage information on potential government business partners or federal financial assistance recipients.

If you have previously registered your entity in CCR, ORCA, or FedReg all your entity’s information has been brought into SAM. You just need to set up a SAM account, migrate your roles and update/renew your entity record in SAM as

12 | 47 needed. See the following website SAM.gov | Home for more information and assistance on registering your entity in SAM. In order to be eligible for an award, potential contractors must comply with all requirements of FAR Clause 52.204-7, System for Award Management.

G.5 INVOICES

Invoices shall be submitted in arrears; no advance payments shall be authorized. Unless otherwise noted on the contractors shall submit invoices for payment as follows:

A. If the work performance period cited in the individual Contract is greater than 30 days partial payments may be authorized on a monthly basis and upon completion of the ordered work, or at other intervals approved by the Contracting Officer.

B. In accordance with Prompt Payment Act (Public Law 97-177), contractors are to submit proper invoices for payment.

A proper invoice includes:

• Name and address of the Contractor

• Invoice date and invoice number

• Contract/order number

• Taxpayer Identification Number (TIN)

• Description, quantity, unit of measure, unit price, and extended price

• Shipping and payment terms (unless mutually agreed that this information is only required in the contract)

• Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice

C. The invoice must contain specific information as listed above or the invoice shall be returned to the contractor within seven days after receipt, noting reasons why it is not a proper invoice. The agency payment office will no longer “hold” or “pen and ink” the invoice in an attempt to correct it. The contractor must correct and resubmit the invoice through IPP.

G.6 INVOICE SUBMITTALS

The "Submit Invoice-to" address for NPS orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm.

Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project. Benefits of registering with IPP include the ability to create invoices directly from a contract award and submit them electronically, as well as:

email notification when invoice(s) are paid online payment history email notification when you are awarded a new contract

The email notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information. For all questions related to IPP registration and issues with submitting invoices, please contact IPP Customer Support at 1 (866) 973-3131.

https://sam.gov/content/home

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All Invoices must be submitted monthly or as agreed upon between the awardee and Contracting Officer/Contracting Officer’s Representative.

G.7 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) –

(Applies to contracts only if total value exceeds $750,000.00 unless otherwise changed or requested by contractor)

In accordance with FAR 42.1502 – Past performance evaluation shall be prepared at least annually and at the time the work under a contract or order is completed for each contract and/or order that exceeds the simplified acquisition threshold (SAT). This includes any contract and/or order that is below the SAT and is modfied, which results in the contract exceeding the SAT.

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of Agriculture (USDA) 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.

(b) 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.

(c) We request that you furnish the Contracting Officer 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 the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. 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.” Your response is due within 60 calendar days after receipt of the

CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

http://www.cpars.csd.disa.mil/

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(1) 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 Contracting Officer for instructions.

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

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer 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.

(h) 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.

Contractors must register at the following websites:

CPARS: http://www.cpars.csd.disa.mil/ PPIRS: http://www.ppirs.gov/

Claims to the CO. This release of claims is due within fifteen (15) calendar days of final payment.

G.8 BIOBASED REPORTING REQUIREMENTS

Pursuant to a legislative mandate in the 2008 Farm Bill, prime contractors are required to report the category of product, type of product, and dollar value of all USDA designated biobased products that were purchased in the performance of federal contracts. Federal contractors are required to report annual biobased product purchases made under their service and construction contracts. Based on the Federal Acquisition Regulation (FAR) Clause 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, reporting of biobased product purchases is completed through a portal in the System for Award Management (SAM) at SAM.gov | Home

If a contract contains FAR Clause 52.223-2, the contractor must report all biobased purchases through SAM.

The Reporting Requirement(s):

• The reporting requirement became effective September 3, 2013.

• It applies to services and construction contractors where contracts have a FAR Clause 52.223-2 Affirmative

Procurement of Biobased Products under Service and Construction Contracts, requiring the reporting of biobased product purchases;

• Contractors must report their purchases of biobased products to a reporting portal within SAM.

• Contractors must report the category, product type and dollar value of any USDA designated biobased products purchased by the Contractor; and

• Reporting must be completed by October 31st for the previous entire fiscal year (October 1 - September 30).

To Meet the Requirement(s) Contractors must:

• Access http://www.sam.gov.

• Complete the required information within the portal and provide documentation to the Contracting Officer.

• If the applicable contract is not accessible in SAM, the contractor should contact their Contracting Officer.

http://www.ppirs.gov/ https://sam.gov/content/home

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Actions that may be taken to Meet Reporting Requirement(s) by Contracting Officer:

• Require a copy of the reporting data from the Contractor as required in FAR Clause 52.223-2.

• Remind the contractor, as necessary, of the requirement to report Bio Preferred product types and dollar value, if any, into SAM at http://www.sam.gov. This includes any Bio Preferred products used in performing contract-related services or in delivering contract-related products;

• Cure Notice may be issued by Contracting Officer as required by termination clauses.

• Upon failure to correct deficiency issued through Cure Notice contract may be terminated for Cause (FAR 52.212-4) of Terminated for Default under FAR Part 49.

SECTION H—SPECIAL CONTRACT REQUIREMENTS

SPECIAL CLAUSE 1: KEY PERSONNEL

(a) The contractor shall assign to this contract the following key personnel: Project Manager and/or Site Forman/Superintendent or equivalent positions.

(b) During the first 30 days of performance, the contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 30-day period, the contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 7 calendar 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 7 calendar days after receipt of all required information of the decision on substitutions.

(End of clause)

DIAR 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.

(End of clause)

DIAR 1452.228-70 Liability Insurance (JUL 1996)

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

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

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• Employer’s Liability $100,000

• General Liability $500,000

• Automotive Liability o Per person - $200,000 o Per occurrence for bodily injury (other than passenger liability) - $500,000 o Per occurrence for property damage - $20,000

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

*These amounts to be set by the Contracting Officer.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

acquisition.gov

DOI Acquisition Regulations (DIAR)

1452.201-70 Authorities and delegations SEP 2011 1452.203-70 Restrictions on Endorsements JUL 1996 1452.236-70 Prohibition Against Use of Lead-based Paint JUL 1996

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) 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 Subcontractor 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 MAY 2014

Activity 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 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform JUN 2020

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Employees of Whistleblower Rights 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or JAN 2017 Statements 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 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 AUG 2020 52.204-19 Incorporation by Reference of Representation and Certifications DEC 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or JUL 2018

Provided by Kaspersky Lab and Other Covered Entities 52.204-25 Prohibition on Contracting for Certain Telecommunication and Video AUG 2020 Surveillance Services or Equipment 52.209-6 Protecting the Government 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 (will be removed if awarded value is less than $550k) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.215-2 Audit and Records – Negotiation JUN 2020 52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-28 Post-Award Small Business Program Rerepresentation NOV 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 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 APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-30 Construction Wage Rate Requirements – Price Adjustment (None or Separately AUG 2018 Specified Method) 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 OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 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

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52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021 Alternate I JAN 1995 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming Potential JUN 2016 Hydrofluorocarbons 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and JUN 2016 Air Conditioners 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-17 Affirmative Procurement of EPA-designated Items in Service and AUG 2018 Construction Contracts 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving JUN 2020 52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-9 Buy American – Construction Materials FEB 2021 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement JUN 2020 52.227-4 Patent Indemnity--Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance -Work on a Government Installation JAN 1997 52.228-11 Individual Surety - Pledges of Assets FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-5 Payments Under Fixed-Price Construction Contracts MAY 2014 52.232-16 Progress Payments JUN 2020 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 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 JUL 2013 52.232-40 Providing Accelerated Payment 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 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements APR 1984 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991

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Alternate I 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 52.236-26 Preconstruction Conference FEB 1995 52.237-4 Payment by Government to Contractor APR 1984 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.243-5 Changes and Changed Conditions APR 1984 52.245-1 Government Property JAN 2017 52.245-9 Use and Charges APR 2012 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering – Construction OCT 2020 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) APR 1984 Alternate I APR 1984 52.249-2 Termination for Convenience of the Government (Fixed-Price). APR 2012

Alternate I SEP 1996 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements) APR 2012 52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-6 Authorized Deviations in Clauses NOV 2020 52.253-1 Computer Generated Forms JAN 1991

FULL-TEXT CLAUSES

FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

FAR 52.219-14 - Limitations on Subcontracting. (MAR 2020

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

https://www.acquisition.gov/far/part-8#FAR_8_405_5 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-19#FAR_19_504

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(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause— [Contracting Officer check as appropriate.]

_ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

FAR 52.228-15 – Performance and Payment Bonds – Construction (JUN 2020)

(a) Definitions. As used in this clause-

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.

Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

https://www.acquisition.gov/far/part-28#FAR_28_102_1 https://www.gsa.gov/forms-library/performance-bond https://www.gsa.gov/forms-library/payment-bond

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(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury, Financial Management, Service Surety Bond Branch, 3700 East West Highway, Room 6 F01, Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

FAR 52.244-6 Subcontracts for Commercial Items. (NOV 2020)

(a) Definitions. As used in this clause—

Commercial item and commercially available off-the-shelf item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101.Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509), if the subcontract exceeds the threshold specified in FAR 3.1004(a) on the date of subcontract award, and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017).

(iv) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016), other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21.

(v) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(vi) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vii) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small http://www.fms.treas.gov/c570/ http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-3#FAR_3_1004 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_21 https://www.acquisition.gov/far/part-52#FAR_52_204_21 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim

22 | 47 business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(ix) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(x) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212(a));

(xi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793).

(xii) 52.2237, Employment Reports on Veterans (JUN 2020) (38 U.S.C.4212).

(xiii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiv) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (MAR 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-55, Minimum Wages under Executive Order 13658 (NOV 2020), if flow down is required in accordance with paragraph (k) of FAR clause 52.222-55.

(xvi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706), if flow down is required in accordance with paragraph (m) of FAR clause 52.222-62.

(xvii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a) if flow down is required in accordance with 52.224-3(f).

(B) Alternate I (JAN 2017) of 52.224-3, if flow down is required in accordance with 52.224-3(f) and the agency specifies that only its agency-provided training is acceptable).

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xix) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xx) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

App.1241 and 10 U.S.C.2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER

ATTACHMENTS

SECTION J—LIST OF ATTACHMENTS

1. Attachment 2 – Guardrail Plans 27 Pages

2. Attachment 3 – Guardrail Special Requirements_ 11 Pages

3. Attachment 4 – DB Wage Determinations VA202000103 6 Pages https://www.acquisition.gov/far/part-19#FAR_19_702 https://www.acquisition.gov/far/part-52#FAR_52_219_8 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3…