Sol_P15PS00174.pdf

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SEKI LP VC HVAC - CONSTRUCTION Federal contract opportunity
Solicitation number
P15PS00174
Issued by
Department of the Interior National Park Service

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P15PS00174

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Sol_P15PS00174_Amd_000003.pdf PDF
Davis_Bacon_Wage_Determination_Tulare_County_1.30.2015.pdf PDF
REVISED_-_Contract_Price_Schedule.xlsx XLSX spreadsheet
RFI s_and_Government_Response_1-30-14.pdf PDF
Sol_P15PS00174_Amd_000002.pdf PDF
07_General_References.pdf PDF
01_FedBizzOpps_Instructions.pdf PDF
02_Site_Visit_Agenda.pdf PDF
04_Site_Visit_Sign_In_Sheet.pdf PDF
05_Subcontractor_Reference.pdf PDF
Sol_P15PS00174_Amd_000001 1 .pdf PDF
03_Site_Visit_-_O A.pdf PDF
06_Past_Performance_Questionnaire.pdf PDF
05_Specifications_and_Statement_of_Work.pdf PDF
04_Davis_Bacon_Wage_Determination_Tulare_County.pdf PDF
01_Bid_Bond_SF_24-98.pdf PDF
06_Drawings.pdf PDF
07_Bidder_Submittal_Instructions.pdf PDF
Contract_Price_Schedule.xlsx XLSX spreadsheet
03_Form_2-_Key_Personnel.pdf PDF
02_Form_1-_Experience_ _Past_Performance.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)

0040186431

NPS, PWR - GOGA MABO

Building 201, Fort Mason

San Francisco CA 94123

PPG

David Lewis, Contract Specialist

Squoia National Park 47050 General's Highway Three Rivers, CA. 93271

David Lewis (559) 565-3180

SEKI 157075

x 12/19/2014

P15PS00174

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

BEST VALUE Construction Contract for project SEKI PMIS #157075, Lodgepole Visitor

Center HVAC Rehabilitation Project at Lodgepole Visitor Center, located within the boundaries of Sequoia National Park, in Tulare County, California; accessed through the Ash Mountain entrance on Highway 198 in the southwest corner of the Park, northeast of Three Rivers, California.

The work will be performed in accordance with the attached drawings and specifications. The action is being solicited as a 100% HUBZone set-aside. The North

American Industry Classification (NAICS) is 238220, heating, ventilation, and air-conditioning (HVAC) contractors. Magnitude is between $500,000 and $1 Million. A single award is contemplated. Failure to submit an offer on all items shall result in rejection of the proposal. persons intending on offering a proposal are encouraged, but not required, to attend the pre-construction site visit. See

Section L. for conference details. The solicitation and all information, notices, and amendments will be posted at www.fbo.gov and www.fedconnect.net/fedconnect.

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.)

10 170 calendar days and complete it within ________________ ________________ calendar days after receiving

Contract Clause FAR 52.211-10

01/22/2015

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, PWR - GOGA MABO

Building 201, Fort Mason

San Francisco CA 94123

PPG

Dane Johnson

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 61

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P15PS00174

Lodgepole Visitors Center HVAC Rehabilitation

Construction. IAP #720

Requestor/COR: Justin Pattison, Phone# (559)

565-3737, Email: justin_pattison@nps.gov

Suggested COR: JPATTISO

Delivery: 10/18/2015

Delivery Location Code: 0009060644

NPS, Sequoia and Kings Canyon NP

47050 Generals Highway

Three Rivers CA 93271 US

FOB: Destination

Period of Performance: 05/01/2015 to 10/18/2015

00010 LP VC HVAC BASE

The contractor shall provide all labor, materials, tools, equipment, supervision, and expertise to make improvements to the rehabilitation and replacement of critical components of the mission 66 Lodgepole Visitor

Center and Park administrative facility located in the Lodgepole developed area of Sequoia

National Park.

This project will address critical component replacement and needed rehabilitation of the facilitys heating and cooling mechanical systems

(HVAC). Existing fin tube heating equipment located in the administrative offices will be replaced with hydronic panel style radiant heaters. Existing heating and ventilating equipment and ductwork supplying the exhibits area, lobby, and auditorium will be removed/altered to provide ventilation only with new dedicated outdoor air system (DOA) equipment.

DOA's to operate only during occupied hours.

These spaces will be heated with new hydronic radiant floor systems controlled by zone programmable thermostats. New underfloor insulation will be installed at all wood-framed floor locations. The comfort stations will be heated by ceiling-mounted hydronic panel style radiant heaters with external thermostats and new

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 61

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P15PS00174

mechanical ventilation. All hydronic systems will be heated by the existing propane-fired condensing boiler.

The existing propane vaporizer will be removed.

Existing ceiling grilles and louvers will be retained along with new soffit and wall mounted louvers serving the DOA's exhaust. In conjunction with the HVAC modifications, the existing boiler room east wall and ceiling will receive a one-hour fire resistant assembly. All main electrical panels will be replaced including electrical feeders to subpanels. Bid options will consist of relocation of information technology equipment located in the Boiler Room to the Radio

Room, installation of occupancy sensors for

Administrative Zone lighting fixtures, and replacement of lamps/lenses in lighting fixtures at the Administrative Zone with new LED lamps/lenses.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No.

P14PS00174

Document Title

Lodgepole Visitor Center HVAC Replacement

TABLE OF CONTENTS

SECTION A -- SOLICITATION/CONTRACT FORM PAGE 6

SECTION B -- SUPPLIES OR SERVICES AND PRICES PAGE 7

SECTION C -- DESCRIPTIONS AND SPECIFICATIONS PAGE 8

SECTION D -- NOT USED

SECTION E -- INSPECTION AND ACCEPTANCE PAGE 9

SECTION F -- DELIVERIES OR PERFORMANCE PAGE 10

SECTION G -- CONTRACT ADMINISTRATION DATA PAGE 11

SECTION H -- SPECIAL CONTRACT REQUIREMENTS PAGE 13

SECTION I -- CONTRACT CLAUSES PAGE 15

SECTION J -- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATACHMENTS PAGE 44

SECTION K -- REPRESENTATIONS, CERTIFICATIONS AND PAGE 45

OTHER STATEMENTS OF OFFERORS

SECTION L -- INSTRUCTIONS, CONDITIONS AND NOTICES TO PAGE 49

BIDDERS

SECTION M -- EVALUATION FACTORS FOR AWARD PAGE 59

Document Title

Lodgepole Visitor Center HVAC Replacement

SECTION A SOLICITATION, OFFER, & AWARD AND BID BOND FEBRUARY 2002

Solicitation, Offer, and Award (SF-1442) is included, and Bid Bond (SF-24) is attached. Refer to section J- List of Documents, Exhibits and Other Attachments

Document Title

Lodgepole Visitor Center HVAC Replacement

SECTION B -- SUPPLIES OR SERVICES AND PRICES

B.1 CONTRACT BID SCHEDULE AND INSTRUCTIONS

Refer to Section A – Standard Form 1442 Continuation Sheet

Notice: Refer to FAR Clause 52.217-5, Evaluation of Options, as prescribed in FAR 17. Offerors are required to submit, at a minimum, an offer that conforms to the solicitation documents with pricing for Base line items and all Option line items if any. Failure to do so may render the proposal unacceptable. On lump-sum-priced 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 errors in summations, the total of the corrected amounts govern. Round totals and extended prices to whole dollars.

The Government reserves the right to award any or no options at or after the time of award. At the option of the Government, the period for exercise of options at the proposed prices shall extend 180 calendar days from the date of award. Pricing will be evaluated based on what is determined to be the best value to the Government.

Options may be exercised in any combination, order, or grouping deemed in the judgment of the Contracting Officer to offer the best value to the Government.

In addition to the offer that conforms to the solicitation documents, offerors are encouraged to submit alternate proposals that will result in cost savings to the Government. Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the Government. See Instructions for Submission of Offers and Other Information, in Section L of the Solicitation.

Document Title

Lodgepole Visitor Center HVAC Replacement

SECTION C -- DESCRIPTIONS AND SPECIFICATIONS

C.1 DESCRIPTIONS AND SPECIFICATIONS

Refer to Section J- List of Documents Exhibits and Other Attachments

Document Title

Lodgepole Visitor Center HVAC Replacement

SECTION E -- INSPECTION AND ACCEPTANCE

E.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

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):

http://www.acquisition.gov/far

Clause Title Date 52.246-12 Inspection of Construction August 1996

Document Title

Lodgepole Visitor Center HVAC Replacement

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

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):

http://www.acquisition.gov/far

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK

APRIL 1984

The Contractor shall be required to (a) commence work under this contract within 15 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 170 days from the time stated for completion shall include final cleanup of the premises.

Document Title

Lodgepole Visitor Center HVAC Replacement

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 1489.242.1

CONTRACT ADMINISTRATION APRIL 1984

Contracting Officer's Technical Representative(s) for this contract will be established for each Task Order.

Contract Specialist(s) responsible for administering this contract:

Contracting Officer: David Lewis National Park Service 47050 General’s Highway Three Rivers, CA 93271

(559) 565-3180

G.2 DIAPR

2010-18

COR/COTR AUTHORITIES AND DELEGATIONS MAY 2010

(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.

The COR for this contract will be: Justin Pattison (559) 565-3737

(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 prior authority. The Contractor shall

Document Title

Lodgepole Visitor Center HVAC Replacement 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 Notice)

G.3 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (September 2011)

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, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

NPS Pay Estimate Form & current Schedule of Values

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 CCR) 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.

Document Title

Lodgepole Visitor Center HVAC Replacement

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 1489.237-

TECHNICAL DIRECTION APRIL 1984

(a) The Contracting Officer's Technical Representative will provide technical direction on contract performance. Technical direction includes:

(1) Direction to the Contractor which assists him in accomplishing the Statement of Work.

(2) Comments on the approval of reports or other deliverables.

(b) Technical direction must be within the contract Statement of Work. The Contracting Officer's Technical Representative does not have the authority to issue technical direction which (1) institutes additional work outside the scope of the contract; (2) constitutes a change as defined in the "Changes" clause; (3) causes an increase or decrease in the estimated cost of the contract; (4) alters the period of performance; or (5) changes any of the other express terms or conditions of the contract.

(c) Technical direction will be issued in writing by the Contracting Officer Technical Representative or confirmed by him/her in writing within five (5) calendar days after verbal issuance.

H.2 EXECUTI

VE

ORDER

13513

PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC

EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING

OCTOBER

This Executive Order introduces a Federal Government-wide Prohibition on the use of text messaging while driving on official business or while using Government –supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or –rented vehicles, government-owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on the behalf of the government.

H.3 HEALTH AND SAFETY PLAN

SITE SPECIFIC SAFETY AND HEALTH PLAN

A site specific Safety and Health Plan shall be prepared covering on-site work to be performed by the contractor and all subcontractors. The prime contractor shall be responsible for development, implementation, and oversight of the site specific plan. The site specific safety and health plan shall establish in detail, the protocols necessary for recognition, evaluation, and control of hazards associated with each task performed. The plan

Document Title

Lodgepole Visitor Center HVAC Replacement shall address site specific safety and health requirements and procedures based upon specific conditions. The level of detail provided in the site specific safety and health plan shall address, in as much detail as possible, anticipated tasks, their related hazards, and anticipated control measures.

As work proceeds, the site specific safety and health plan shall be adapted to new situations and new conditions.

Changes and modifications to the accepted site specific safety and health plan shall be made with the knowledge and concurrence of the safety office, site superintendent and Contracting Officer's Representative

(COR).

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

Prior to submittal to the Contracting Officer, the site specific safety and health plan shall be signed and dated by the prime contractor's safety and health manager and the site superintendent. The site-specific safety and health plan shall be a part of the contractor's safety and health program.

Work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational; Safety and Health Administration (OSHA) standards, 29 CFR, Part 1910 and Part 1926. Where the requirements of applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements shall apply.

H.1 1489.237-72 KEY PERSONNEL APRIL 1984

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

______Project Manager________ ______Site Superintendent______

(b) During the first 60 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 60-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer as 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.

Document Title

Lodgepole Visitor Center HVAC Replacement

SECTION I -- CONTRACT CLAUSES

I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

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):

http://www.acquisition.gov/far

Clause Title Date 1452.203-70 Restrictions on Endorsements - Department of

Interior July 1996

1452.236-70 Prohibition Against Use of Lead-Based Paint --DOI July 1996 52.202-01 Definitions July 2004 52.202-01 Alt I Definitions (Dec 2001) - Alternate I May 2001 52.203-03 Gratuities April 1984 52.203-05 Covenant Against Contingent Fees April 1984 52.203-07 Anti-Kickback Procedures October 2010 52.203-08 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity January 1997

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

January 1997

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

October 2010

52.204-04 Printed or Copied Double-Sided on Recycled Paper August 2000 52.204-07 Central Contractor Registration April 2008 52.209-06 Protecting the Government's Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

December 2010

52.215-08 Order of Precedence--Uniform Contract Format October 1997 52.215-10 Price Reduction for Defective Certified Cost or

Pricing Data October 2010

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--Modifications

October 2010

52.215-12 Subcontractor Certified Cost or Pricing Data October 2010 52.215-13 Subcontractor Certified Cost or Pricing Data--

Modifications October 2010

52.215-15 Pension Adjustments and Asset Reversions October 2010 52.215-17 Waiver of Facilities Capital Cost of Money October 1997

Document Title

Lodgepole Visitor Center HVAC Replacement

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions

July 2005

52.215-19 Notification of Ownership Changes October 1997 52.219-08 Utilization of Small Business Concerns January 2011 52.219-09 Small Business Subcontracting Plan January 2011 52.219-14 Limitations On Subcontracting December 1996 52.222-03 Convict Labor June 2003 52.222-04 Contract Work Hours and Safety Standards Act -

Overtime Compensation July 2005

52.222-06 Davis-Bacon Act July 2005 52.222-07 Withholding of Funds February 1988 52.222-08 Payrolls and Basic Records June 2010 52.222-09 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11 Subcontracts (Labor Standards) July 2005 52.222-12 Contract Termination-Debarment February 1988 52.222-13 Compliance with Davis-Bacon and Related Act

Regulations February 1988

52.222-14 Disputes Concerning Labor Standards February 1988 52.222-15 Certification of Eligibility February 1988 52.222-21 Prohibition of Segregated Facilities February 1999 52.222-26 Equal Opportunity March 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction February 1999

52.222-35 Equal Opportunity for Veterans September 2010 52.222-36 Affirmative Action For Workers with Disabilities October 2010 52.222-37 Employment Reports Veterans September 2010 52.223-03 Alt I Hazardous Material Identification and Material

Safety Data (Jan 1997) - Alternate I July 1995

52.223-05 Pollution Prevention and Right-to-Know Information August 2003 52.223-06 Drug-Free Workplace May 2001 52.223-10 Waste Reduction Program August 2000 52.223-14 Toxic Chemical Release Reporting August 2003 52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.227-01 Authorization and Consent December 2007 52.227-04 Patent Indemnity-Construction Contracts December 2007 52.227-04 Alt I Patent Indemnity-Construction Contracts December 2007 52.228-1 Bid Guarantee September 1996 52.228-02 Additional Bond Security October 1997 52.228-05 Insurance - Work on a Government Installation January 1997 52.228-11 Pledges of Assets September 2009 52.228-12 Prospective Subcontractor Requests for Bonds October 1995 52.228-14 Irrevocable Letter of Credit December 1999 52.229-03 Federal, State, and Local Taxes April 2003 52.229-04 Federal, State, and Local Taxes (State and Local April 2003

Document Title

Lodgepole Visitor Center HVAC Replacement

Adjustments) 52.230-02 Cost Accounting Standards October 2010 52.230-03 Disclosure and Consistency of Cost Accounting

Practices October 2008

52.230-04 Disclosure and Consistency of Cost Accounting Practices for Contracts Awarded to Foreign Concerns

June 2010

52.230-06 Administration of Cost Accounting Standards June 2010 52.232-05 Payments under Fixed-Price Construction Contracts September 2002 52.232-17 Interest October 2010 52.232-23 Assignment of Claims January 1986 52.232-27 Prompt Payment for Construction Contracts October 2008 52.233-01 Disputes July 2002 52.233-03 Protest after Award August 1996 52.233-04 Applicable Law for Breach of Contract Claim October 2004 52.236-02 Differing Site Conditions April 1984 52.236-03 Site Investigation and Conditions Affecting the Work April 1984 52.236-05 Material and Workmanship April 1984 52.236-06 Superintendence by the Contractor April 1984 52.236-07 Permits and Responsibilities November 1991 52.236-08 Other Contracts April 1984 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13 Accident Prevention November 1991 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I November 1991 52.236-14 Availability and Use of Utility Services April 1984 52.236-15 Schedules for Construction Contracts April 1984 52.236-17 Layout of Work April 1984 52.236-26 Preconstruction Conference February 1995 52.242-13 Bankruptcy July 1995 52.242-14 Suspension of Work April 1984 52.243-04 Changes June 2007 52.244-06 Subcontracts for Commercial Items December 2010 52.245-01 Government Property August 2010 52.249-02 Alt I Termination for Convenience of the Government

(Fixed-Price) (May 2004) - Alternate I September 1996

52.249-10 Default (Fixed-Price Construction) April 1984 52.252-02 Clauses Incorporated by Reference February 1998 52.253-01 Computer Generated Forms January 1991

I.2 1452.204-

RELEASE OF CLAIMS - DEPARTMENT OF INTERIOR JULY 1996

Document Title

Lodgepole Visitor Center HVAC Replacement

(a) 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.

I.3 1452.215-

EXAMINATION OF RECORDS BY THE DEPARTMENT OF

INTERIOR

APRIL 1984

(a) For purposes of the Audit and Records - Negotiation clause of this contract (FAR 52.215-2), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.

I.4 1452.228-

LIABILITY INSURANCE - DEPARTMENT OF INTERIOR JULY 1996

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$200,000 each person $500,000 each occurrence $50,000 property damage

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

I.5 1452.237-

INFORMATION COLLECTION -- DOI JULY 1996

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

Document Title

Lodgepole Visitor Center HVAC Replacement

I.6 1489.236-

ARCHEOLOGICAL FINDINGS JANUARY

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

I.7 1489.236-

CONDUCT OF OPERATIONS JANUARY

(a) At all times the Contractor shall conduct his organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe. Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer.

No signs or advertisements (except those specified herein) shall be displayed on the construction site or within the park except with approval of the Contracting Officer.

I.8 52.219-3 NOTICE OF HUBZONE SET-ASIDE NOV

NOTICE OF HUBZONE SET-ASIDE (NOV 2011)

(c) General.

(1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone concerns will not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than acquisition from a non-manufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel

Document Title

Lodgepole Visitor Center HVAC Replacement will be spent on the concern’s employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the HUBZone small business participants.

I.9 52.225-09 BUY AMERICAN ACT - CONSTRUCTION MATERIALS SEPTEMBER

(a) Definitions. As used in this clause-

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means—

Document Title

Lodgepole Visitor Center HVAC Replacement

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

_______________________________________None______________________________________________

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

Document Title

Lodgepole Visitor Center HVAC Replacement

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign Construction Material ___________ _______ ___________ Domestic Construction Material ___________ _______ ___________

Item 2:

Foreign Construction Material ___________ _______ ___________

Document Title

Lodgepole Visitor Center HVAC Replacement

Domestic Construction Material ___________ _______ ___________

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate is issued).]

I.10 52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL, AND

MANUFACTURED GOODS-BUY AMERICAN ACT-

CONSTRUCTION MATERIALS

OCTOBER

(a) Definitions. As used in this clause— "Component" means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

“Domestic construction material” means the following—

(1) An unmanufactured construction material mined or produced in the United States. (The Buy American Act applies.)

(2) A manufactured construction material that is manufactured in the United States and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced in the United States.

(Section 1605 of the Recovery Act applies.)

“Foreign construction material” means a construction material other than a domestic construction material.

“Manufactured construction material” means any construction material that is not unmanufactured construction material.

“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“Unmanufactured construction material” means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

(b) Domestic preference. (1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all manufactured construction material in the project is manufactured in the United States and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced in the United States (produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, except metallurgical processes involving refinement of steel additives); and

Document Title

Lodgepole Visitor Center HVAC Replacement

(ii) The Buy American Act (41 U.S.C. 10a-10d) by providing a preference for unmanufactured construction material mined or produced in the United States over unmanufactured construction material mined or produced in a foreign country.

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

______"None"____________________________________ [Contracting Officer to list applicable excepted materials or indicate “none”]

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable;

(A) The cost of domestic manufactured construction material, when compared to the cost of comparable foreign manufactured construction material, is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

(B) The cost of domestic unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of comparable foreign unmanufactured construction material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality;

(iii) The application of the restriction of section 1605 of the Recovery Act to a particular manufactured construction material would be inconsistent with the public interest or the application of the Buy American Act to a particular unmanufactured construction material would be impracticable or inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

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