B08_Attachment 3_Terms and Conditions.pdf

Solicitation 140P8321Q0004 – Barnes Point Electrical Upgrade Olympic National Park (OLYM)

SECTION A: Standard Form 1442 (Pages 1-3)

SECTION B: Contract Price Schedule

This document serves as a general template. The contractor shall factor the lump sum price to include all materials, equipment, installation and management labor, transportation, mobilization-in/mobilization-out, insurance, bonds, administrative and other services, to complete the proposed project. All work shall be performed in accordance with these terms and conditions, including the attached Specifications, Drawings, Dept. of Labor construction wage rates, and all other associated attachments to this solicitation.

The Offeror shall submit a price for all line items below. Failure to do so may render the proposal non-responsive. On lump sum line items, provide total price only. If no line item exists for a portion of the work, include the cost in a relative line item. In case of error in summation, the total of the corrected line item amount governs. Round totals and extended prices to the nearest whole dollar (no cents).

The Government anticipates being able to evaluate solely based upon the prices proposed, comparing the unit or lump sum prices proposed to the Government’s estimate. However, the Government reserves the right to request breakdowns of any proposed lump sum prices, such as labor, equipment, overhead, estimated quantities, or profit.

Fill in pricing in the worksheet below and submit with other documents described in Section L.

No. Description Qty Unit of Measure

Price

1 Barnes Point Electrical Upgrade

Lump Sum

TOTAL PRICE:

Business name: ________________________________________________________________

Phone number: ______________________ DUNS number: _____________________________

Point of contact name: ___________________________________________________________

E-mail: _______________________________________________________________________

My business’ registration is active in SAM __yes __no;

The online representations and certifications therein apply to this offer (see 52.204-8(b)(2)):

__yes __no; Our VETS-4212 reporting is current __yes __no.

52.252-2 Federal Acquisition Regulation (FAR) and Department of the Interior (DIAR) Clauses Incorporated by Reference (Feb 1998)

This solicitation and resulting contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses (clauses are from the FAR unless noted):

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

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

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

SECTION C: Description/Specifications

The work of this contract consists of the trenching, bedding, backfill and compaction for Clallam County Public Utility District (PUD) installed primary and secondary electrical conductors (300LF Primary and 100LF Secondary) at Storm King Area.

It also includes trenching, bedding, backfill, compaction, supply/installation of conduit/conductors and final meter/building connections for approximately 850LF of secondary conductors at NPS Maintenance, Radio Repeater and Naturebridge areas. Appropriate size/type of copper conductors and method for installation shall be determined by contractor.

All work shall be performed in accordance with the documents listed below, which are attached and incorporated into this solicitation (also listed in Section J).

Attachment Number Attachment Title

4 Specifications

SECTION D: Packaging and Marking (not used)

SECTION E: Inspection and Acceptance

52.246-12 Inspection of Construction. (AUG 1996)

SECTION F: Deliveries or Performance

52.242-14 Suspension of Work. (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after receiving the notice to proceed. The time stated for completion shall include final cleanup of the premises.

Seasonal Break in Contract Performance

Although NPS does not intend to suspend work during contract performance, seasonal weather conditions may restrict or prohibit normal contract activities. The Contractor’s construction schedule should take into account historic weather patterns when planning the work sequence. If the Contractor elects to temporarily stop work, they must inform the Contracting Officer and COR at least one week prior to the stoppage and at least one week notice prior to the planned resumption of work. Contractor shall take appropriate actions to protect work and structures from adverse weather impact during work stoppage. Refer to Construction Schedule section in Statement of Work.

Schedule considerations

NPS anticipates awarding the contract in February. The pre-construction meeting and submittal processes will occur soon thereafter; we anticipate issuing the Notice to Proceed (NTP) by approximately late February.

SECTION G: Contract Administration Data

DIAR 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 proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence.

Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

DIAR 1452.204-70 Release of Claims—Department of the Interior (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

G.1 Appointment of Project Superintendent

Prior to commencement of work on this contract, the contractor shall provide to the Contracting Officer and COR a letter designating a Project Superintendent. The designated individual will be responsible for operational problems and/or emergencies on a daily basis. The contractor agrees that notice to the designated representative shall constitute notice to the contractor and agrees to be bound by any commitments or representations made by the representative.

G.2 Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP; https://www.ipp.gov).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions- Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice (upload your business invoice as an attachment to the IPP invoice before you click “submit” in IPP):

1. Contractor’s standard business invoice,

2. Signed certification required by FAR clause 52.232-5,

3. Schedule of values for work being invoiced, and

4. If submitting a final invoice, also attach a signed copy of the Release of Claims form.

Contractor’s failure to attach the required documentation as specified above will result in the IPP invoice being rejected and cause a delay in payment.

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 www.SAM.gov record) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to contract award or within 3 - 5 business days after 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.

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 Wage Determination

U.S. Department of Labor General Wage Decision no. WA20200044, is incorporated into this solicitation/contract, as shown in Section J.

H.2 Preconstruction Conference

The Contracting Officer will conduct a preconstruction conference; the successful offeror will be notified and will be required to attend in person or by phone. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

H.3 Notice of Required Bonds

The awardee shall furnish a payment bond, using Standard Form 25A, or irrevocable letter of credit, within 10 days after contract award. The penal sum of the payment protection shall equal 100% of the contract price.

H.4 Interpretations of Contract: Notice of Ambiguities

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

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

H.5 Liability Insurance Requirements

(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:

Employer's liability $1,000,000

General liability $2,000,000

Construction

Per person $1,000,000

Per occurrence $2,000,000

Property damage $2,000,000

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

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

(c) The Contractor shall also maintain compensation insurance for employees engaged in the work, complying with the worker's compensation laws of the State in which the work is to be performed, performed and shall maintain liability insurance protecting the Contractor from claims because of bodily injury (including death) and property damage arising under this Contract. The Contractor shall furnish evidence of such coverage to the Contracting Officer at the same time as the liability insurance certificate.

H.6 ARCHEOLOGICAL FINDINGS

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

H.7 CONDUCT OF OPERATIONS

At all times the Contractor shall conduct their organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe. The broadcast playing of radios or other devices is prohibited on site or in buildings. Rowdy and disruptive behavior or sexual harassment by contractor’s employees will not be tolerated; individuals failing to comply will be removed from the site. Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer. No signs or advertisements (except those specified herein) shall be displayed on the construction site or within the park except with prior approval of the Contracting Officer.

H.8 Notice to the Government of Delays.

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract completion schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of any order, the Contractor shall immediately notify the Contracting Officer or the COR, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date or any rights or remedies provided by law or under this order. Any request for extension of completion date shall be submitted with a justification, in writing, to the Contracting Officer.

H.9 DSC-02 Seasonal Shutdown (April 1984)

(a) It is recognized that seasonal climatic conditions regularly occur in some of the National Park Service areas that restrict and in some cases prohibit normal construction activities. The actual timing of a seasonal shutdown will be determined by mutual agreement between the Contractor and the Contracting Officer. The Contractor shall give the Contracting Officer at least two weeks’ notice prior to the anticipated resumption of work. The actual date that work is resumed is subject to the approval of the Contracting Officer. The amount of time during a seasonal shutdown is taken into consideration when the completion time as stated in the Contract is determined. Therefore, the contract time will not be extended due to seasonal shutdowns.

H.6 Substitutions of Key Personnel

In connection with this contract, key personnel will be limited to individuals that were specifically identified in the Contractor's accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house key personnel. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the solicitation, whichever is greater, is the minimum standard for any substitution. Key personnel are those performing the usual functions of project manager and on-site project superintendent.

SECTION I: CONTRACT CLAUSES

52.202-1 Definitions. (NOV 2013)

52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements (JAN 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2018)

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

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

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

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities (JUL 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

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

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

52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-01)

52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)

52.222-3 Convict Labor. (JUN 2003)

52.222-6 Construction Wage Rate Requirements (AUG 2018)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (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)

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

52.222-50 Combating Trafficking in Persons. (JAN 2019)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

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

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

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

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items.

(MAY 2008)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.225-9 -- Buy American–Construction Materials. Buy American–Construction Materials (May 2014)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

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 Pledges of Assets. (AUG 2018)

52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.232-5 Payments under Fixed-Price Construction Contracts. (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, Alt. 1. (MAY 2014, 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)

52.236-14 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)

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

52.244-6 Subcontracts for Commercial Items. (AUG 2019)

52.246-21 Warranty of Construction. (MAR 1994)

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

I (SEP 1996)

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

52.253-1 Computer Generated Forms. (JAN 1991)

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

52.228-13 Alternative Payment Protections (JULY 2000)

(a) The Contractor shall submit one of the following payment protections: payment bond (on SF25A) or irrevocable letter of credit.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

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

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

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

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

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

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

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

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

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

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

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

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

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

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

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

Addendum: Site-Specific Accident Prevention Plan

A site-specific Accident Prevention Plan (APP) covering on-site work to be performed by the contractor and all subcontractors is required. The prime contractor shall be responsible for development, implementation, and oversight of the plan. The plan shall address site-specific safety and health requirements and procedures based upon specific anticipated conditions, and address anticipated tasks, their related hazards, and anticipated control measures. In addition, work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational Safety and Health Administration (OSHA) standards, 29 CFR, and FAR clause 52.236-13, Alt 1.

As work proceeds, the APP shall be adapted to new situations and new conditions. Changes and modifications to the accepted APP shall be made with the knowledge and concurrence of the safety office, site superintendent and Contracting Officer's Representative (COR).

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

DIAR 1452.203-70 Restriction on Endorsements—Department of the Interior (JUL 1996)

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

SECTION J: List of Documents, Exhibits and Other Attachments

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

Attachment Number Title/Description Total

Pages

1 READ ME FIRST 2

2 Standard Form 1442, Solicitation Form 3

3 Terms-Clauses 26

4 Specifications 111

5 Dept. of Labor Davis-Bacon Act wage rates (General Decision No. WA20200044

6 Optional Form to Return with Offer (Past Performance and Past Experience) 7

Sections K through M apply to the solicitation only.

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

52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)

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

http://www.acquisition.gov/far/

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

52.204-8 Annual Representations and Certifications. (JAN 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210, Electrical Contractors and Other Wiring Installation Contractors.

(2) The small business size standard is $39.5 million, average annual gross receipts for the past three years.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1)If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2)If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i)□ Paragraph (d) applies.

(ii)□ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A)If the acquisition value is less than $25,000, the basic provision applies.

(B)If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C)If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D)If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

_X_ (i) 52.204-17, Ownership or Control of Offeror.

_X_ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

_X_ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

____ (A) Basic.

____ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

SECTION L: Instructions, Conditions, and Notices to Offerors

52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)

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

http://www.acquisition.gov/far/

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

52.204-22 Alternative Line Item Proposal (Jan 2017)

52.211-6 Brand Name or Equal (AUG 1999)

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

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

L.1 INQUIRIES

1. To ensure questions are adequately addressed, questions must be received no later than FIFTEEN calendar days prior to the quote due date shown in the latest solicitation amendment.

Questions and/or comments received after this time may or may not be addressed prior to the solicitation closing date. Note: Amendment(s) to the solicitation answering any questions relative to these documents will be timely posted at beta.SAM.gov.

2. Send written inquiries to Mickey_Chisolm@nps.gov mailto:Mickey_Chisolm@nps.gov

L.2 GENERAL NOTICES

1. By submission of its quote in accordance with the instructions provided in this Section L, the offeror unconditionally assents to the terms and conditions in this solicitation document and in any attachments hereto. Unless this solicitation document expressly authorizes alternate proposals with respect to specific terms or conditions of the solicitation, an objection to any of the terms and conditions of this solicitation document shall constitute a deficiency that will render the offer unacceptable.

2. Prior to submission of a quote, the offeror must have an active profile in the System for Award Management database (www.SAM.gov);

3. By submission of a quote, the Contractor certifies that neither it, nor any person or firm who has an interest in the Contractor's firm, is a person or firm ineligible to be awarded Government contracts by virtue of being suspended or debarred in accordance with FAR Subpart 9.4.

4. You are authorized to use e-mail for submission of your quote.

L.3 QUOTE CONTENTS

(a) Your quote should include:

1) Pages 1 through 3 of the SF1442, completed, signed, and dated.

2) Completed Section B, Price Schedule.

3) Acknowledgement of solicitation amendments using one of the methods set forth in Block 11 of Standard Form 30, the amendment.

4) Completed "Experience and Past Performance" forms (or similar document) for 3 – 5 projects performed by the prime contractor demonstrating successful experience performing work similar to this contract. Include a brief description of the project, phone number, and/or e-mail address of customer.

5) List of proposed subcontractor(s), if applicable, with description of work they will perform, whether they are a small business, and completed “Subcontractor Reference” forms (or similar documents).

6) Brief statement of technical approach that demonstrates your understanding of the project requirements.

7) Proposed construction schedule with brief description of work phase sequencing.

8) Completed FAR representations and certifications.

9) OPTIONAL: Completed key personnel form for project manager and site superintendent.

(b) Prior to submitting a quote, the quoter must:

1) Establish and/or maintain an active profile in the System for Award Management database (www.SAM.gov); and

(c) By submission of a quote, the Contractor certifies that neither it, nor any person or firm who has an interest in the Contractor's firm, is a person or firm ineligible to be awarded Government contracts by virtue of being suspended or debarred in accordance with FAR Subpart 9.4.

L.4 SUBMITTING YOUR QUOTE

Submit one PDF file in which the items listed above are combined (may submit up to five separate files in Microsoft Word, Excel, or PDF format only if necessary). Attach electronic quote to e-mailed message and send to Mickey_Chisolm@nps.gov. Each message must be no larger than 20MB in size due to system limitations. Include the solicitation number in the message subject line. Include the business name in the file name, e.g. “ABC Co., 140P8321Q0004”.

Alternatively, your quote may be delivered on CD, DVD, or flash drive to Mickey Chisolm, National Park Service, Olympic National Park, 600 East Park Avenue, Port Angeles, WA 98362.

L.5 TYPE OF CONTRACT

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

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

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

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

Goals for Minority Participation for Each Trade: 3.8%

Goals for Female Participation for Each Trade: 6.9%

These goals are applicable to all of the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the - (1) Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed.

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

(End of Provision)

52.236-27 Site Visit (Construction) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.

(b) A scheduled site visit will not be conducted, however; Contractors are encouraged to visit the site to obtain a better understanding of the project. Please contact Brad Metler, for directions if needed, office (360) 565-3097, cell phone (414) 403-8787, or by email Bradley_Metler@nps.gov

36.204 Disclosure of the magnitude of construction projects.

Between $25,000 and $100,000

SECTION M: Evaluation Factors for Award

All contractors submitting price quotations must also provide information in response to the Technical Evaluation criteria listed below:

The NPS will assess each offer based on the following factors:

1. Technical Capability and relevant experience:

i. Technical approach using the quoter’s brief statement of proposed technical approach and schedule and how well they demonstrate the quoter’s understanding of the project requirements, the SOW, and the contract documents.

mailto:Bradley_Metler@nps.gov

ii. Relevant experience of the prime contractor and proposed subcontractors ((has the firm directly…