B08_Final_RFP_140P2021R0074_-_MACA_217837_Combined.pdf

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MACA 217837 Mammoth Cave Hotel & Roof Rehab
Solicitation number
140P2021R0074
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This request for proposal solicits construction services for the rehabilitation of the Mammoth Cave Hotel interior, exterior, and roof at Mammoth Cave National Park. Key details include that the estimated price range for the work is between $5 million and $10 million, the performance period is 365 calendar days from notice to proceed, liquidated damages are $1,482 per calendar day of delay, and the solicitation involves repairing and replacing exterior walls, roofs, interiors, mechanical and electrical systems. Responses are due by the specified date and time, and evaluation will be based on factors such as experience, technical approach, schedule, key personnel, and past performance. The National Park Service is the contracting agency.

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Sol_140P2021R0074_Amd_0007.pdf PDF
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Sol_140P2021R0074_Amd_0006.pdf PDF
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SPECS_2021-06-17_-_MACA_HOTEL_ROOF_REPAIR_-_SIGNED_CONTRACT_DOCUMENTS.pdf PDF
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SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

NPS, DSC Contracting Services Div

12795 W. Alameda Pkwy

P.O. Box 25287 Denver CO 80225-0287

PDS

Refer to Section L

Amber Hughes 0000000000

1x 06/28/2021

140P2021R0074

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

MACA 217837 - Hotel & Roof Rehabilitation

Mammoth Cave National Park - Edmonson County, KY

a) This acquisition is being conducted in accordance with FAR Parts 15 and 36, in conjunction with FAR 6.203/19.502-2. The NAICS Code and associated Small Business Size Standard are noted in Section K per Clause 52.204-8.

b) The estimated price range is between: $5,000,000 and $10,000,000

c) Refer to Section L for information regarding a Pre-Proposal Site Visit.

d) Information and requirements stated in Section B thru J, to include all noted Attachments, apply to this Solicitation and subsequent Contract.

e) Refer to Section L for Proposal Submittal requirements.

f) This is currently an unfunded requirement with a high expectation that funds will be available. When and if funds become available, a Contract will be awarded at that time.

g) Do NOT use Beta.SAM/FedConnect for any correspondence, as the Government cannot communicate through these means. Offers shall submit their Questions, Proposals, and Acknowledge Solicitation Amendments as stated in Section L.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 365 calendar days and complete it within ________________ ________________ calendar days after receiving

Clause 52.211-10

07/27/2021

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

NPS, DSC Contracting Services Div 12795 W. Alameda Pkwy

P.O. Box 25287 Denver CO 80225-0287

PDS

Frank Camacho

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

( ))(27

Invoice Processing Platform System US Department of Treasury https://www.ipp.gov x

Solicitation 6/28/2021 Final

Document No.

140P2021R0074

Document Title MACA 217837 – Hotel & Roof Rehab; Construction Services

TABLE OF CONTENTS

PART I – THE SCHEDULE

A – SOLICITATION / CONTRACT FORM

B – BID SCHEDULE

CONTRACT PRICE SCHEDULE

C – SPECIFICATIONS / DRAWINGS

D – PACKAGING AND MARKING

E – INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

F – DELIVERIES OR PERFORMANCE

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

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

52.211-13 TIME EXTENSIONS (SEPT 2000)

52.211-18 VARIATION IN ESTIMATED QUANITITY (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.242-14 SUSPENSION OF WORK (APR 1984)

G – CONTRACT ADMINISTRATION DATA

DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

DIAR 1452.204-70 RELEASE OF CLAIMS – DEPARTMENT OF THE INTERIOR (JUL 1996)

NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC

2015)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT PLATFORM (APR

2013)

H – SPECIAL CONTRACT REQUIREMENTS

SPECIAL CLAUSE 1: INFECTIOUS DISEASE PREPAREDNESS AND RESPONSE – CORONAVIRUS

PANDEMIC (COVID-19)

SPECIAL CLAUSE 2: KEY PERSONNEL

PART II – CONTRACT CLAUSES

I – CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA- DESIGNATED

PRODUCTS (MAY 2008)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (FEB 2021)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-4 PHYSICAL DATA (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-17 LAYOUT OF WORK. (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE I (APR 1984) 26

Document No.

140P2021R0074

Document Title

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

DIAR 1452.203-70 RESTRICTION ON ENDORSEMENTS – DEPARTMENT OF THE INTERIOR (JUL 1996) DIAR 1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR (APR 1984)

DIAR 1452.228-70 LIABILITY INSURANCE – DEPARTMENT OF INTERIOR (JUL 1996)

DIAR 1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT – DEPARTMENT OF THE

ITNERIOR (JUL 1996)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION MATERIALS (MAY 2014)

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS – NOTICE AND REPRESENTATION (JUN 2020) ... 30

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J – LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

52.204-24 REPRESENTATIONS REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES AND EQUIPMENT (OCT 2020)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION (FEB 2021)

52.236-28 PREPARATION OF PROPOSALS-CONSTRUCTION (OCT 1997)

L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS. (JUNE 1988)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)

52.228-1 BID GUARANTEE (SEP 1996)

52.233-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (SEPT 2006) (DEVIATION) (JUL 1996) ... 41

52.236-27 SITE VISIT (CONSTRUCTION) – ALTERNATE I (FEB 1995)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

DIAR 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION – DEPARTMENT OF THE

INTERIOR (APR 1984)

INSTRUCTIONS FOR COMPETITIVE PROPOSAL SUBMISSION REQUIREMENTS

1. GENERAL

2. QUESTIONS

3. OFFER DUE DATE AND LOCATION

4. SUBMISSION REQUIREMENTS

5. VOLUME I - TECHNICAL & PAST PERFORMANCE PROPOSAL

I. FACTOR 1 – PROJECT EXPERIENCE

II. FACTOR 2 - TECHNICAL APPROACH

III. FACTOR 3 - SCHEDULE

IV. FACTOR 4 - KEY PERSONNEL

V. FACTOR 5 – PAST PERFORMANCE

6. VOLUME II – BUSINESS & PRICE PROPOSAL

M – EVALUATION FACTORS FOR AWARD

1. BASIS FOR AWARD

2. EVALUATION PROCESS

Document No.

140P2021R0074

Document Title

3. EVALUATION FACTORS

A. RELATIVE IMPORTANCE

B. VOLUME I – TECHNICAL & PAST PERFORMANCE PROPOSAL

I. FACTOR 1 – PROJECT EXPERIENCE

II. FACTOR 2 – TECHNICAL APPROACH

III. FACTOR 3 - SCHEDULE

IV. FACTOR 4 – KEY PERSONNEL

V. FACTOR 5 - PAST PERFORMANCE

C. VOLUME II – BUSINESS & PRICE PROPOSAL

Document No.

140P2021R0074

Document Title

PART I – THE SCHEDULE

A – SOLICITATION / CONTRACT FORM

SF-1442 - Solicitation, Offer, and Award: Pages 1-2 of this Package.

B – BID SCHEDULE

CONTRACT PRICE SCHEDULE

Solicitation Number: Request for Proposal (RFP) 140P2021R0074 Park & PMIS: MACA 217837 – Mammoth Cave National Park Project Title: Mammoth Cave Hotel and Roof Rehabilitation

Offerors are required to submit, at a minimum, an offer that conforms to the solicitation documents with pricing for Base line items. Failure to do so may render the proposal unacceptable. On lump-sum line items, provide the total price only. If no specific line item exists for a portion of the work, include the costs in a related item. In case of summation error, the total corrected amounts govern. Round totals & extended prices to whole dollars.

CONTRACT LINE

ITEM NUMBER

(CLIN)

CONTRACT LINE ITEM

(CLI) TITLE QUANTITY UNIT OF

MEASURE UNIT PRICE TOTAL

PRICE

1 Selective Demolition 1 Lump Sum 2 Civil Work 1 Lump Sum 3 Hotel Rehabilitation 1 Lump Sum 4 Drilled Piers 22 Each

TOTAL PROPOSED PRICE (CLINs 1 thru 4) All measurement and payment information is included in the project specifications, Section 012700.

C – SPECIFICATIONS / DRAWINGS

The work of this construction services contract is for the Rehabilitation of the Mammoth Cave Hotel Interior, Exterior, and Roof. Specifically, construction services to be performed in this rural/remote area of Edmonson County, Kentucky, shall repair exterior walls, the roof, substructure for the basement and superstructure, exterior enclosures, as well as interior construction services including, but not limited to: finishes, plumbing, heating/ventilation/air condition (HVAC) repair and replacement, selective demolition, fire protection, electrical, installation of energy efficient windows and doors, insulation of exterior walls, replacement of wall treatments.

Specifications and Drawings are attached and incorporated herein by reference. Refer to Section J.

D – PACKAGING AND MARKING

N/A - No provisions or clauses included.

Document No.

140P2021R0074

Document Title

E – INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this- section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may-

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

Document No.

140P2021R0074

Document Title

F – DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (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 365 calendar days. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,482.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.211-13 TIME EXTENSIONS (SEPT 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.211-18 VARIATION IN ESTIMATED QUANITITY (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.

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

Document No.

140P2021R0074

Document Title

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed—

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

Document No.

140P2021R0074

Document Title

G – CONTRACT ADMINISTRATION DATA

DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 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.

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NOTICE TO CONTRACTORS -

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC 2015)

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the

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

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

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

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

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

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

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

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

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

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

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

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

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

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.gov/

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

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven (7) days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

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

(End of Notice)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS –

INTERNET PAYMENT PLATFORM (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP) System.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov.

The contractor shall submit a draft Invoice Package, including copies of the following documents, to the NPS’s Construction Management Representative (CMR) a minimum of five (5) working days prior to submittal of the formal Invoice through IPP. Within five (5) working days of receipt, the CMR shall provide an acceptability recommendation to both the NPS Contracting Officer’s Representative (COR) and the contractor. If the CMR recommends acceptance, the contractor shall submit a copy of the final version of the CMR’s checklist and the Invoice Package to the NPS through

IPP.

1. Completed copy of the CMR’s Final Construction Payment Request Checklist. (only with formal IPP submittals)

2. Completed copy of the Pay Estimate Form. (including signed certification of subcontractor payments)

3. Completed copy of the Limitations on Subcontracting Report.

4. Certified copies of Payroll Reports per clause 52.222-8 – “Payrolls and Basic Records.”

5. Completed copy of the Payroll Report Personally Identifiable Information (PII) Certification.

6. Information required by clause 52.232-27 – “Prompt Payment for Construction Contracts.”

7. A copy of the current construction schedule. (refer to project specification section 013216)

8. A copy of the current Schedule of Values. (refer to project specification section 013216)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone

(866) 973-3131.

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

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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H – SPECIAL CONTRACT REQUIREMENTS

SPECIAL CLAUSE 1: INFECTIOUS DISEASE PREPAREDNESS AND RESPONSE –

CORONAVIRUS PANDEMIC (COVID-19)

1. Contractors are responsible for their employees’ safety and the safety of job site visitors during the performance of this contract. We encourage contractors to follow guidance from the Department of Labor, Occupational Safety and Health Administration (OSHA), the Centers for Disease Control and Prevention (CDC), and all other applicable local, city, and state mandates. We encourage contractors to develop policies for infection prevention and an Infectious Disease Preparedness and Response Plan.

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

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

4. The following websites provide additional guidance and information:

a. https://www.coronavirus.gov/

b. https://www.osha.gov/SLTC/covid-19/

c. https://www.cdc.gov/coronavirus/2019-ncov/index.html

d. https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/construction-workers.html

e. https://www.fema.gov/coronavirus

f. https://www.nps.gov/aboutus/news/public-health-update.htm

(End of Local Clause)

SPECIAL CLAUSE 2: KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel:

Project Manager: _________________________________________________________________

Job-Site Superintendent: ___________________________________________________________

Quality Control Manager: __________________________________________________________

Safety Manager: __________________________________________________________________

(b) During the first 90 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 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

(End of clause) https://www.coronavirus.gov/ https://www.osha.gov/coronavirus https://www.cdc.gov/coronavirus/2019-ncov/index.html https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/construction-workers.html https://www.fema.gov/disasters/coronavirus https://www.nps.gov/aboutus/news/public-health-update.htm

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PART II – CONTRACT CLAUSES

I – CONTRACT CLAUSES

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): https://www.acquisition.gov/browse/index/far

• 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, RECESSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

• 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

• 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

• 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

• 52.203-14 DISPLAY OF HOTLINE POSTER(S) (JUN 2020)

• 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JUN 2020)

• 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

• 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 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

AND EQUIPMENT (AUG 2020)

• 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUB-CONTRACTING WITH CONTRACTOR’S DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020)

• 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

• 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

• 52.210-1 MARKET RESEARCH (JUN 2020)

• 52.215-2 AUDIT AND RECORDS-NEGOTIATIONS (JUN 2020)

• 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997)

• 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

• 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

• 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020)

• 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)

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• 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 REQUIRMENTS 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 (APRIL 2015)

• 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 (SEP 2013)

• 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

• 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

• 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (MAY 2020)

• 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 (JUN 2020)

• 52.223-21 FOAMS (JUN 2016)

• 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

• 52.224-2 PRIVACY ACT (APR 1984)

• 52.224-3 PRIVACY TRAINING (JAN 2017)

• 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)

• 52.227-17 RIGHTS IN DATA – SPECIAL WORKS (DEC 2007)

• 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

• 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

• 52.228-11 PLEDGES OF ASSETS (FEB 2021)

• 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

• 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

• 52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)

• 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

• 52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)

• 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

• 52.232-17 INTEREST (MAY 2014)

• 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

• 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

• 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

• 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

• 52.233-1 DISPUTES (MAY 2014) – ALTERNATE 1 (DEC 1991)

• 52.233-3 PROTEST AFTER AWARD (AUG 1996)

• 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

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• 52.242-13 BANKRUPTCY (JUL 1995)

• 52.243-4 CHANGES (JUN 2007)

• 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2020)

• 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

• 52.248-3 VALUE ENGINEERING – CONSTRUCTION (OCT 2020)

• 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012), ALT 1 (SEP 1996)

• 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

• 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause–

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

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(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR)22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the…

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