P15PS00382_-_Final.pdf

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)

0040217114

NPS, DSC Contracting Services Div

12795 W. Alameda Pkwy

P.O. Box 25287 Denver CO 80225-0287

PDS

Frank Camacho (303) 969-2344

1x 06/01/2015

P15PS00382

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

The subject solicitation P15PS00382 to repair the fort walls at Fort Jefferson, Dry

Tortugas National Park, Garden Key, FL is hereby issued as follows:

PMIS: DRTO-149152A

Estimated Construction Magnitude: More than $10,000,000.00

NAICS: 238140 Masonry Contractors, Size Standard $15.0

This is a Total Small Business Set - Aside.

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 1065 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

06/30/2015

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, DSC Contracting Services Div 12795 W. Alameda Pkwy

P.O. Box 25287 Denver CO 80225-0287

PDS

Pamela Mault

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...

Solicitation Document No.

P15PS00382

Document Title

DRTO 149152A – Repair Bastions 3 & 4

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule A Solicitation/Contract Form 1 B Supplies/Services and Prices 7 C Descriptions/Specifications/Statement of Work 10 D Packaging and Marking 11 E Inspection and Acceptance 12 52.246-12 Inspection of Construction

F Deliveries or Performance 13 52.211-10 Commencement, Prosecution, and Completion of Work – Alternate I 52.211-12 Liquidated Damages—Construction 52.211-13 Time Extensions 52.211-18 Variation in Estimated Quantity 52.242-14 Suspension of Work

G Contract Administration Data 15 1452.201-70 Authorities and Delegations 1452.204-70 Release of Claims DIAPR 2010-14 Contractor Performance Assessment Reporting System DIAPR 2011-04 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP)

H Special Contract Requirements 18 IMR 2009-01 Prohibition of All Terrain Vehicles (ATV)s - Intermountain Region Special Clause 1: Option for Additional Services—Separately Priced Line Items Special Clause 2: Key Personnel

PART II – Contract Clauses I Contract Clauses 20

52.202-1 Definitions DSC-02 Seasonal Shutdown 52.203-3 Gratuities 52.203-5 Covenant Against Contingent Fees

52.203-7 Anti-Kickback Procedures 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity 52.203-12 Limitation on Payments to Influence Certain Federal Transactions 52.203-13 Contractor Code of Business Ethics and Conduct 52.203-14 Display of Hotline Poster(s)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements

1452.203-70 Restriction on Endorsements—Department of the interior 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-14 Service Contract Reporting Requirements 52.204-18 Commercial and Government Entity Code maintenance (Nov 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Document Title

Suspended, or Proposed for Debarment

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) 52.210-1 Market Research 52.215-2 Audit and Records—Negotiation 1452.215-70 Examination of Records by the Department of the Interior 52.215-8 Order of Precedence—Uniform Contract Format 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications 52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications 52.215-15 Pension Adjustments and Asset Reversions 52.215-17 Waiver of Facilities Capital Cost of Money 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions 52.215-19 Notification of Ownership Changes

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications – Alternate IV

52.217-7 Option for Increased Quantity – Separately Priced Line Item (Mar 1989) 52.219-8 Utilization of Small Business Concerns 52.219-14 Limitations on Subcontracting 52.219-28 Post-Award Small Business Program Representation

52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns

52.222-3 Convict Labor 52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation 52.222-6 Construction Wage Rate Requirements 52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination—Debarment 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations 52.222-14 Disputes Concerning Labor Standards 52.222-15 Certification of Eligibility 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity

52.222-27 Affirmative Action Compliance Requirements for Construction 52.222-35 Equal Opportunity for Veterans 52.222-36 Equal Opportunity for Workers with Disabilities 52.222-37 Employment Reports on Veterans 52.222-40 Notification of Employee Rights Under the National Labor Relations Act 52.222-50 Combating Trafficking in Persons

52.222-54 Employment Eligibility Verification 52.222-55 Minimum Wages Under Executive order 13658 (Dec 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts 52.223-3 Hazardous Material Identification and Material Safety Data—Alternate I 52.223-5 Pollution Prevention and Right-to-Know Information 52.223-6 Drug-Free Workplace 52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Products

52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Products Alternate I

52.223-15 Energy Efficiency in Energy-Consuming Products 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.224-1 Privacy Act Notification

Document Title

52.224-2 Privacy Act 52.225-11 Buy American—Construction Materials under Trade Agreements 52.225-11 Buy American—Construction Materials under Trade Agreements—Alternate I 52.225-13 Restrictions on Certain Foreign Purchases 52.227-1 Authorization and Consent 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement 52.227-4 Patent Indemnity—Construction Contracts 52.228-2 Additional Bond Security 52.228-5 Insurance—Work on a Government Installation 1452.228-70 Liability Insurance—Department of the Interior 52.228-11 Pledges of Assets 52.228-12 Prospective Subcontractor Requests for Bonds 52.228-14 Irrevocable Letter of Credit 52.228-15 Performance and Payment Bonds—Construction 52.229-3 Federal, State, and Local Taxes 52.232-5 Payments under Fixed-Price Construction Contracts 52.232-17 Interest 52.232-23 Assignment of Claims 52.232-27 Prompt Payment for Construction Contracts 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 Disputes—Alternate I 52.233-3 Protest after Award 52.233-4 Applicable Law for Breach of Contract Claim 52.236-1 Performance of Work by the Contractor 52.236-2 Differing Site Conditions 52.236-3 Site Investigation and Conditions Affecting the Work 52.236-5 Material and Workmanship 52.236-6 Superintendence by the Contractor 52.236-7 Permits and Responsibilities 52.236-8 Other Contracts 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements 52.236-10 Operations and Storage Areas 52.236-11 Use and Possession Prior to Completion 52.236-12 Cleaning Up 52.236-13 Accident Prevention 52.236-14 Availability and Use of Utility Services 52.236-15 Schedules for Construction Contracts 52.236-21 Specifications and Drawings for Construction 52.236-26 Preconstruction Conference 1452.236-70 Prohibition Against Use of Lead-based Paint 52.242-13 Bankruptcy 52.243-4 Changes 52.244-6 Subcontracts for Commercial Items 52.246-21 Warranty of Construction 52.246-21 Warranty of Construction—Alternate I 52.248-3 Value Engineering—Construction 52.249-2 Termination for Convenience of the Government (Fixed-Price)—Alternate I 52.249-10 Default (Fixed-Price Construction) 52.253-1 Computer Generated Forms

PART III – List of Documents, Exhibits, and Other Attachments J List of Attachments 108

PART IV – Representations and Instructions

Document Title

K Representations, Certifications, and Other Statements of Offerors 109 52.204-7 System for Award Management 52.204-8 Annual Representations and Certifications 52.204-16 Commercial and Government Entity Code Reporting (Nov 2014) 52.204-17 Ownership or Control of Offeror (Nov 2014) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations -- Representation 52.209-7 Information Regarding Responsibility Matters

L Instructions, Conditions, and Notices to Offerors 115 Instructions for the Submission of Offers and Other Information

52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation

52.211-6 Brand Name or Equal 52.215-1 Instructions to Offerors—Competitive 52.215-16 Facilities Capital Cost of Money

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior 52.216-1 Type of Contract 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

52.225-10 Notice of Buy American Requirement—Construction Materials 52.225-12 Notice of Buy American Requirement—Construction Materials under Trade Agreements 52.228-1 Bid Guarantee 1452.233-2 Service of Protest Department of the Interior (JUL 1996) (Deviation) 52.236-27 Site Visit (Construction) 52.236-28 Preparation of Proposals—Construction 52.252-5 Authorized Deviations in Provisions

M Evaluation Factors for Award 132 Significant Factors and Subfactors 52.217-5 Evaluation of Options

Document Title

SECTION B – SUPPLIES OR SERVICES AND PRICES

CONTRACT PRICE SCHEDULE

SOLICITATION NUMBER: P15PS00382

PARK-PMIS: DRTO-149152-A

DEVELOPED AREA: Fort Jefferson, Dry Tortugas National Park

PROJECT TITLE: Repair Bastions 2 & 3 at Fort Jefferson

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.

Options: Refer to contract clause 52.217-5, Evaluation of Options. The Government reserves the right to award any or no options at or after time of award. The period in which the Government can exercise the options at the proposed prices shall be on or before 31 March 2016. 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 judgement of the Contracting Officer to offer the best value to the Government. If Options A & B are exercised, the contract completion date will remain June 1, 2016. Estimated NTP for Options A & B is August 1, 2015. If Options C and/or D are exercised, the new contract completion date will be June 1, 2017. If Options C, D and E are exercised, the new contract completion date will be June 1, 2018. Estimated NTP for Options C, D and E will be by 31 March 2016.

Bonding Requirements: All bonds including bid bonds shall be obtained in accordance with the contract clauses. Offerors are now advised that the Government will inspect, accept and take possession of completed work and release the bonding for that work upon the completion of each construction season (May) in accordance with FAR 28.203-5.

CLIN Description Qty. Unit Unit Price Extended Price

01 Base – Mobilization/Demobilization & Temporary Files 1 LS

02 Base – Scaffolding 1 LS

03 Base – Totten Shutter Removal & Reconstruction (Bastion 2) 3 EA

04 Base – Totten Shutter Removal & Reconstruction (Front 3) 6 EA

05 Base – Provide New Bronze Strike Plates (Material Only) 3 EA

06 Base – Scarp Wall Face Brick Demolition & Reconstruction 2,510 CF

07 Base – Scarp Wall Infill (Inner Wythes) 2,718 CF

08 Base – Scarp Arch Reconstruction (Bastion 2) 179 CF

09 Base – Scarp Arch Reconstruction (Front 3) 723 CF

10 Base – Repoint Unreconstructed Sections of Scarp Wall 4,195 SF

Document Title

11 Base – Brick Replacement @ Corbelled String Course 218 SF

12 Base – Repoint Corbelled String Course 623 SF

TOTAL BASE PRICE (Contract Line Item Numbers 01 through 12

Option A – Brick Replacement/Repointing @ Parapet (Bastion 2)

2,091 SF

Option B – Brick Replacement/Repointing @ Parapet (Front 3)

1,778 SF

15 Option C – Comprehensive Repairs to Embrasure 65 772 SF

16 Option D – Comprehensive Repairs to Embrasure 66 772 SF

Option E – Mobilization/Demobilization & Temporary Facilities

18 MOS

18 Option E – Scaffolding 1 LS

19 Option E – Totten Shutter Removal & Reconstruction @ Bastion 5 EA

20 Option E – Totten Shutter Removal & Reconstruction @ Scarp 7 EA

21 Option E – Provide New Bronze Strike Plates (Material Only) 6 EA

22 Option E – Scarp Wall Face Brick Demolition & Reconstruction 3,573 CF

23 Option E – Scarp Wall Infill (Inner Wythes) 3,760 CF

24 Option E – Scarp Arch Reconstruction @ Bastion 270 CF

25 Option E – Scarp Arch Reconstruction @ Scarp 495 CF

26 Option E – Repoint Unreconstructed Sections of Scarp Wall 7,128 SF

27 Option E – Brick Replacement @ Corbelled String Course 381 SF

28 Option E – Repoint Corbelled String Course 1,090 SF

29 Option E – Brick Replacement & Repointing @ Parapet 4,164 SF

TOTAL PRICE FOR ALL OPTIONS (Contract Line Item Numbers 13 through 29)

Document Title

TOTAL PROPOSED PRICE – BASE PLUS ALL OPTIONS

(Contract Line Item Numbers 1 through 29)

Document Title

SECTION C – DESCRIPTIONS/SPECIFICATIONS

SEE SECTION J FOR FINAL DRAWINGS AND FULL SPECIFICATIONS

DESCRIPTION:

Project Location: The project is located at Fort Jefferson, Dry Tortugas National Park, Garden Key, in Monroe County, Florida. Garden Key is located in the Gulf of Mexico approximately 68 miles west of Key West. Garden Key is only accessible by boat or seaplane. The logistics of transporting personnel, supplies, materials and equipment to the Dry Tortugas and maintaining a productive construction site far from the mainland will require careful planning and coordination by the Contractor.

The Work of this project consists of the repair of the brick masonry scarp wall at embrasures 49-54 and 59-64 (as well as Embrasures 65 and 66 as Bid Options) at Fort Jefferson. The scarp wall masonry is severely deteriorated and in many areas has collapsed into the moat due to the corrosion and expansion of internal iron elements. In general, the work includes, masonry demolition, removal of iron components of the historic Totten shutter assembly, partial reconstruction of the shutter assembly using cast concrete replacement components, reconstruction of the embrasure openings and repair and repointing of the scarp wall from approximately the magistral line to the top of the parapet.

This property is listed on the National Register of Historic Places (NR) and managed as a cultural resource asset.

Historical significance extends to the entire site including all associated buildings, landscapes, engineering features and marine construction. This significance also extends to subterranean items including undiscovered or unexcavated archaeological resources. During construction care must be taken to protect all cultural and natural resources.

The site’s historical and environmental significance must be considered when planning and executing construction means and methods. All proposed work and modifications to historic features shall be in accordance with the Secretary of the Interior’s “Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.” Contractor shall proceed with care and attention to preservation concerns.

Conservative and cautious approaches when working on or around this resource will be given precedence over radical and unproven methods. Repair and retention of existing historic fabric is a priority. If potential exists for irreversible damage or loss of fabric, Contractor will cease work and seek guidance and approval from Contracting Officer (CO) before resuming work. Actions deemed detrimental to the resource or actions that place the resource at risk of damage or loss to its historic integrity, regardless of cause, will not be undertaken without prior review and approval by the Contracting Officer.

Document Title

SECTION D – PACKAGING AND MARKING

*** PAGE INTENTIONALLY LEFT BLANK ***

Document Title

SECTION E – INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

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

(End of clause)

Document Title

SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK - ALTERNATE I

(APR 1984)

The Contractor shall be required to (a) commence work under this contract on 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 (described below). The time stated for completion shall include final cleanup of the premises.

The completion date is based on the following assumptions: The base shall be completed by June 1, 2016. Estimated NTP is August 1, 2015. If Options A & B are exercised, the contract completion date will remain June 1, 2016. Estimated NTP for Options A & B is the same as the base, August 1, 2015. If Options C and/or D are exercised, the new contract completion date will be June 1, 2017. If Options C, D and E are exercised, the new contract completion date will be June 1, 2018. Estimated NTP for Options C, D and E will be by 31 March 2016.

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,000.00 for each calendar day of delay until the work is completed or accepted.

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

52.211-13 TIME EXTENSIONS (SEPT 2000)

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

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

Document Title

52.242-14 SUSPENSION OF WORK (APR 1984)

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

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

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

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

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

Document Title

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.

(End of clause)

DIAPR 2010-14 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JUL 2010)

(a) 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.

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

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

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

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

If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

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

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

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

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

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

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

(End of Local Clause)

DIAPR 2011-04 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP)

(APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment 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 http://www.cpars.gov/ http://www.cpars.gov/

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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:

Pay Estimate Form and 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 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.

(End of Local Clause) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

DSC-02 SEASONAL SHUTDOWN APRIL 1984

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

SPECIAL CLAUSE 2: KEY PERSONNEL

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

Project Manager Superintendent Quality Control Supervisor Foremen

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

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

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

Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

(End of clause)

1452.233-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (SEPT 2006)

(DEVIATION) (JUL 1996)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Pamela Mault, Contracting Officer.

https://acquisition.gov/far/current/html/Subpart%2033_1.html%23wp1088681

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(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the

GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the

Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW, Room 6511, Washington, DC 20240.

(End of provision)

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SECTION I – CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative—

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled—

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This paragraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) “Bona fide agency,” as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

“Bona fide employee,” as used in this clause, means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

“Contingent fee,” as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

https://acquisition.gov/far/current/html/Subpart%202_1.html%23wp1145508 https://acquisition.gov/far/current/html/FARTOCP31.html%23wp253693

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“Improper influence,” as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

(a) Definitions.

“Kickback,” as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

“Person,” as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

“Prime contract,” as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

“Prime Contractor” as used in this clause, means a person who has entered into a prime contract with the United States.

“Prime Contractor employee,” as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

“Subcontract,” as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

“Subcontractor,” as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

“Subcontractor employee,” as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from—

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations…