B08_Solit_Clauses_Construction-1.pdf

11. The Contractor shall begin performance within 10 calendar days and complete it within 365 calendar days after receiving award, x notice to proceed. The performance period is x mandatory negotiable. (SeeFAR 52.211-10 .)

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

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

x YES NO 12b. CALENDAR DAYS

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

140P2023R0072

2. TYPE OF SOLICITATION

SEALED BID (IFB)

x NEGOTIATED (RFP)

3. DATE ISSUED

05/12/2023

PAGE OF PAGES

1 81

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

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

7. ISSUED BY CODE PDS 8. ADDRESS OFFER TO

NPS, DSC Contracting Services Div 12795 W. Alameda Pkwy P.O. Box 25287 Denver CO 80225-0287

9. FOR a. NAME

INFORMATION

CALL: Vicki Freese-Supler

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

720-402-5467

SOLICITATION

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

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

GLAC 307440 - Glacier National Park - Replace Headquarters Wastewater and Backup Power Generation - GAOA

a) This acquisition is being conducted as a Total Small Business Set Aside. The

North American Industrial Classification System (NAICS) code and the associated small business size standard are noted in FAR 52.204-8 in Section "K" of this solicitation.

b) Estimated Price Range: 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 sections "B" through "J" and attachments noted in section "J" apply to this solicitation and the subsequent contract.

e) Refer to section "L" for proposal submittal requirements.

f) This is 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) Offerors shall submit proposals and questions, and acknowledge solicitation amendments as stated in section "L" of this solicitation.

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1400 (hour) local time

07/05/2023 (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 .

b. An offer guarantee x is, is not required.

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.

d. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 8/2014) Prescribed by GSA FAR(48 CFR) 53.236-1(d)

AMOUNTS

OFFER (Must be fully completed by offeror)

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.)

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

(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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

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

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

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

DOI, NPS, DSC Contracting Services 12795 W. Alameda Pkwy P.O. Box 25287 Denver CO 80225-0287

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT

(Contractor is required to sign this document and return copies to issuing office.)

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, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD

(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)

Vicki Freese-supler 30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

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

Solicitation 3/20/23

Document No.

140P2023R0072

Document Title GLAC 307440, Replace Headquarters Wastewater & Backup Power Generation

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION A – SOLICITATION / CONTRACT FORM

SECTION B – BID SCHEDULE

SPECIAL PROVISION: EVALUATION OF OPTIONS

SECTION C – SPECIFICATIONS / DRAWINGS

SECTION D – PACKING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

52.235-4 INSPECTION OF SERVICES -FIXED PRICE (AUG 1996)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

SECTION 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)

52.242-14 SUSPENSION OF WORK (APR 1984)

SECTION G – CONTRACT ADMINISTRATION DATA

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

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

NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC 2015)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT PLATFORM (APR 2013)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SPECIAL REQUIREMENT: PROHIBITION OF ALL TERRAIN VEHICLES (ATV)S - INTERMOUNTAIN REGION (JUN 2009) ... 19

SPECIAL REQUIREMENT: OPTION FOR ADDITIONAL SERVICES—SEPARATELY PRICED LINE ITEMS

SPECIAL REQUIREMENT: KEY PERSONNEL

SPECIAL REQUIREMENT: KEY TRADES

SPECIAL REQUIREMENT: WORKING IN A FEDERAL BUILDING OR FEDERALLY CONTROLLED INDOOR WORKSPACES 20

SPECIAL CONTRACT REQUIREMENT: ORGANIZATIONAL CONFLICTS OF INTEREST

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

1452.203-70 RESTRICTIONS ON ENDORSEMENTS (JUL 1996)

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52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES AND EQUIPMENT (NOV 2021)

1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR (APR 1984)

52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022) (DEVIATION OCT 2022)

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

(MAY 2008)

1452.224-11 PRIVACY ACT NOTIFICATION (JUL 1996) DEVIATION

52.225-11 BUY AMERICAN – CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (DEC 2022)

1452.228-70 LIABILITY INSURANCE. (JUL 1996)

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)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-17 LAYOUT OF WORK. (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT (JUL 1996)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (NOV 2020)

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

SECTION J – LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

PROVISIONS INCORPORATED BY REFERENCE

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

52.204-24 REPRESENTATIONS REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

AND EQUIPMENT (NOV 2021)

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 (NOV 2021)

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

PROVISIONS INCORPORATED BY REFERENCE

52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS. (JUNE 1988)

1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION—DEPARTMENT OF THE INTERIOR (APR 1984)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

FOR CONSTRUCTION (FEB 1999)

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

(MAY 2014)

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

INSTRUCTIONS FOR THE SUBMISSION OF OFFERS AND OTHER INFORMATION – COMPETITIVE SOURCE SELECTION61

SECTION M – EVALUATION FACTORS FOR AWARD

SPECIAL PROVISION: EVALUATION OF OPTIONS

Document No.

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Document Title GLAC 307440, Replace Headquarters Wastewater &

PART I – THE SCHEDULE

SECTION A – SOLICITATION / CONTRACT FORM

Solicitation, Offer, and Award (SF-1442) - pages 1- 3 of this package

Contract Price Schedule National Park Service (NPS) - Denver Service Center (DSC) |

Solicitation Number:

PARK - PMIS: GLAC - 307440

(Project Management Information System)

Developed Area: Glacier National Park

Project Title:

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

Contract Line

Item Number

(CLIN)

Contract Line Item (CLI) Title Quantity Unit of Measure Unit Price Total Price

1 Mobilization/Demobilization 1 Lump Sum

2 Sewage Lift Station - Construction 1 Lump Sum

3 Wastewater Collection System - Construction 1 Lump Sum

4 Headquarters Building 295 - Construction 1 Lump Sum

5 System Telemetry/ SCADA Construction 1 Lump Sum

Installation of Owner Furnished Generator at the

Lift Station - Construction 1 Lump Sum

TOTAL PROPOSED PRICE - (Contract Line Item Number 1 through6) --------------------------

All measurement and payment information is included in Division 01 Specifications Section 01 27 00 Definition of Contract Line Items.

Replacement Headquarter's Wastewater System & Backup Power Power for Main

Building

140P2023R0072

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Document Title GLAC 307440, Replace Headquarters Wastewater & Backup Power Generation

SECTION C – SPECIFICATIONS / DRAWINGS

The contract is a design-bid-build contract. The National Park Service has hired a design firm to evaluate existing conditions, conduct topographic survey, geotechnical testing, wetlands delineation, and permitting coordination to develop replacement alternatives. Those alternatives were evaluated through a value engineering process to select a preferred rehabilitation/replacement alternative for each utility. The preferred alternative was then further developed to arrive at a final design such that sizing, alignment, scaled distances for each utility is quantified to allow prospective bidders to understand performance criteria, construction limits and any other limitations to construction.

Project Location: GLAC 307440, Replace Headquarters Wastewater & Backup Power Generation Glacier National Park, MT

Project Scope: The project will be completed utilizing a design bid build contract. This project will replace the existing wastewater system in the Headquarters area. The existing collection system was installed over 50 years ago and is now beyond its estimated design life. Replacement of the system includes a reconfigured run of pipes and manholes. Work includes removal of the lift station’s propane generator and its underground propane tank. The existing lift station duplex wastewater pumps will be replaced, and a new telemetry system will be installed. Selective restoration of the lift station building will be performed.

The project will also remove the existing, inadequately sized, natural gas emergency back-up generator outside of headquarters building 295. A new generator building will be constructed nearby to house a new, larger natural gas generator to provide backup power for the headquarters building and lift station. Work includes installing a new automatic transfer switch and associated wiring.

Much of the wastewater system in the Headquarters area in West Glacier was installed over 50 years ago and is now beyond estimated design life. Varying degrees of deficiency including sags, root infiltration, and numerous blind-taps were identified in 2013, as part of a condition assessment, utilizing closed- circuit television (CCTV). The system is problematic, requiring significant maintenance time and resources to keep in operating condition. When lines become clogged, maintenance costs are high to unplug the lines. There is significant infiltration from groundwater from the old dilapidated manholes, which unnecessarily increases treatment volumes and costs

The provision of a new generator, automatic transfer switch (ATS), and telemetry system will provide a more reliable lift station. Reconfiguration and replacement of the system will mitigate current concerns related to soil contamination due to failing underground pipe. The backup power system for the Headquarters building will ensure that critical systems continue to function at the headquarters building at Glacier National Park. Complete power outages are frequent, occurring three to four times per year, with brown-outs occurring even more frequently.

The Park Dispatch Center (PDC) is located at headquarters with a radio system that connects the various geographical locations and operations of the park. The loss of power presents a life and health safety issue as park operations are coordinated by the PDC when communication is lost during these times. The headquarters building is also home to the park’s computer servers. These servers are integral to the operation of dispatch and park management, serving the park’s computer programs, data, and databases. During power outages, the systems that directly serve the facility are also affected. The HVAC system, including the hot water boilers, is taken out of operation. During extreme cold conditions, the loss of power will shut down boilers creating the potential for freezing of pipes which could cause severe damage to the facility.

Completion of this project will provide consistent emergency back-up power with automatic power transfer. Critical operations will be dependable. Visitor health and life safety will be unimpaired and staff confidence will be increased.

NOTE: All work identified on Attachment 8 must be completed no later than April 1, 2024 to allow for the work to be completed by the Department of Transportation – Federal Highways re-paving project to be completed in this same area. The contractor shall sequence his/her work to ensure this area is completed in advance of the April 1, 2024 date.

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Document Title GLAC 307440, Replace Headquarters Wastewater & Backup Power Generation

Specifications and drawings are attached and incorporated herein by reference. Refer to section J.

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SECTION D – PACKING AND MARKING

No clauses included

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SECTION E – INSPECTION AND ACCEPTANCE

52.235-4 INSPECTION OF SERVICES -FIXED PRICE (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

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

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(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)

52.246-11 HIGHER LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

The quality standards detailed on the Denver Service Center Workflow website:

https://www.nps.gov/dscw/index.htm

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require-

(i) Control of such things as design, work operations, in-process control, testing and inspection; or (II) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

https://www.nps.gov/dscw/index.htm

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SECTION 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 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 days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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. Liquidated damages shall be assessed for each calendar day of delay until the work is completed or accepted. Damages are assessed in the areas of both contract administration and delay costs to the Department of Transportation- Federal Highways for completion of paving activities in the area depicted in Attachment 8. The applicable sums for each LD type are reflected in the Liquidated Damages Schedule below. Damages may be assessed individually or concurrently, as the situation warrants.

Administrative LD amounts listed below in Paragraph (b), Item “1” will be assessed based on a per day basis following the contract completion date. Should the contractor not complete the work identified in the area depicted in Attachment 8 by April 1, 2024, delay costs listed below in Paragraph (b), Item “2” will be assessed on a per day basis for any remaining work identified in Attachment 7 beyond April 1, 2024.

(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.

Liquidated Damages Schedule:

1. Liquidated Damages (administration) $1,482.00 per calendar day.

2. Liquidated Damages after April 1, 2024 Department of Transportation – Federal Highways (delay to complete paving activities) $4,000 per calendar day (End of 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.

(End of clause)

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

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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.

(End of clause)

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SECTION G – CONTRACT ADMINISTRATION DATA

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not 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.

(End of clause)

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.

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.

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

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

(End of Notice)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT PLATFORM (APR

2013)

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

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

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

1. Completed copy of the CMR’s final Construction Payment Request Checklist (Submit only with the formal submittal to IPP)

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

3. Completed copy of the Limitations on Subcontracting Report (Include if acquisition is being set-aside and clause

52.219-14 is included)

4. Information required by contract clause 52.232-27, Prompt Payment for Construction Contracts

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

6. 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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(End of Clause)

CONSTRUCTION CONTRACT ADMINISTRATION

Federal Acquisition Regulation (FAR) 36.211(b) requires agencies provide description of policies and procedures that apply to definitization of equitable adjustments for change orders under construction contracts and data on the time required to definitize equitable adjustments for change orders under construction contracts. This information can be found at: https://www.doi.gov/pam/acquisition/policy/constructioncontract.

https://www.doi.gov/pam/acquisition/policy/constructioncontract

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

SPECIAL REQUIREMENT: PROHIBITION OF ALL TERRAIN VEHICLES (ATV)S - INTERMOUNTAIN

REGION (JUN 2009)

The contractor is prohibited from utilizing All-Terrain Vehicles (ATV)s on National Park Service lands. ATV is defined as: A motorized off-highway vehicle (OHV) traveling on four or more low-pressure tires, having a seat to be straddled by the operator and a handlebar for steering control.

Use of Utility Terrain Vehicles (UTVs) are permitted. UTV (also called a side-by-side) is defined as: A motorized

OHV having four or more low pressure tires, designed with side-by-side seats, seatbelts, steering wheel, and optional cab, brush cage, or ROPS.

(End of Local Clause)

SPECIAL REQUIREMENT: OPTION FOR ADDITIONAL SERVICES—SEPARATELY PRICED LINE

ITEMS

The Government may require the delivery of the numbered line items identified in the Schedule as option items at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by written notice to the Contractor within 90 days after contract award. Performance of added line item tasks shall be at the price negotiated in the contract Schedule.

SPECIAL REQUIREMENT: KEY PERSONNEL

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

Project Manager:

Job-site Superintendent:

On Site Quality Control Manager:

On Site Safety Manager:

(b) During the first 120 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 120-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

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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.

SPECIAL REQUIREMENT: KEY TRADES

(a) The Contractor shall identify firms that will perform the following KEY TRADES under this contract. If Key

Trades will be self-performed, note “self-performed” in the appropriate trade; otherwise provide the name(s) of assigned subcontractors.

Mason:

Mechanical Services:

Electrical Services:

Other:

(b) The assignments above are permanent for the contract duration. The Contractor shall make no substitutions of the above listed Key Trade assignments unless the substitution is approved or directed by the Contracting Officer. The Contractor shall send requests for substitutions to the Contracting Officer a minimum of 15 calendar days prior to any substitution and provide the information required by paragraph (c) below.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete qualification statements for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to the firm being replaced. The Contracting Officer will approve or deny substitution requests within 15 calendar days after receipt of all required information. This clause will be modified to reflect any approved changes.

SPECIAL REQUIREMENT: WORKING IN A FEDERAL BUILDING OR FEDERALLY CONTROLLED

INDOOR WORKSPACES

In order to take steps to prevent the spread of COVID-19 and to protect the health and safety of all Federal employees, onsite contractors, visitors to Federal buildings or Federally controlled indoor workspaces, and other individuals interacting with the Federal workforce, employees under the subject contract who are required to work on site in Federal buildings or Federally controlled indoor worksites must comply with requirements located at https://www.saferfederalworkforce.gov/overview/.

(End of Local Clause) https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.saferfederalworkforce.gov%2Foverview%2F&data=04%7C01%7CJohn_Chaney%40nps.gov%7C49fb4f738b5e4e0df1ee08d9c18e4e52%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C637753639221692348%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=9a0TxfGouMVk0mX%2FbzGgxHO%2BqKZDdzjXsnXFWaK%2FRK0%3D&reserved=0

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SPECIAL CONTRACT REQUIREMENT: PUBLICITY

(a) Except with the prior approval of the Contracting Officer, the consultant shall not release or publication any drawing, rendering, perspective, sketch, photograph, report, specification, cost estimate, or other material of any nature pertaining to the facilities for which services are performed under the terms of this contract.

(b) The provision of this article shall extend also to the release of any such material to any person not so authorized by the Contracting Officer.

SPECIAL CONTRACT REQUIREMENT: ORGANIZATIONAL CONFLICTS OF INTEREST

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work performed under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) No contract for the construction of a project shall be awarded to the firm (including its subsidiaries or affiliates) that designed the project (except with the approval of the head of the agency or authorized representative).

(d) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

e) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as maybe permitted by law or this contract.

(f) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and(g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms “contract,” “contractor,” and “Contracting Officer” shall be appropriately modified to preserve the Government's rights.

(End of Clause)

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PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) per the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract.