A13_-_Draft_P15PS00924_-_JEFF_Louvers.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)

NPS, MWR - Missouri MABO

11 North 4th Street

St Louis MO 63102

PMM

Ms. Terri W. Dyke

11 North 4th Street Saint Louis, MO 63102

Terri Dyke 314-655-1661

PMIS 186472

x 06/02/2015

P15PS00924

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

1. This requirement is being set aside as a small business set-aside in accordance with FAR 19.502-2.

2. Award of this solicitation will result in a Firm Fixed Price contract.

3. On-site work shall commence on 8 September 2015.

4. Specifications: See Attachment 1 - Specifications, Attachment 2 - Drawings, and

Contract Sections C-J.

5. The magnitude of construction is between $100,000 and $250,000.

6. NAICS: 238220, Size Standard: $15.0M

7. See FAR Clause 52.236-27 concerning an organized site visit.

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.)

0 30 calendar days and complete it within ________________ ________________ calendar days after receiving

07/22/2015

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)

DRAFT

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, MWR - Missouri MABO 11 North 4th Street

St Louis MO 63102

PMM

Terri Dyke

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 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P15PS00924

FOB: Destination

00010 Contractor shall provide all labor, materials, transportation, and equipment to complete construction as outlined in Attachment 1 -

Specifications and Attachment 2 - Drawings.

Period of Performance: 08/17/2015 to 10/09/2015

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

Sponsored by GSA

FAR (48 CFR) 53.110

P15PS00924 JEFF Repair/Replace Louvers 4 of 41

Contents E Inspection & Acceptance

52.246-12 -- Inspection of Construction. (Aug. 1996)

F Deliveries or Performance

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

52.242-14 -- Suspension of Work. (Apr 1984)

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

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

G Contract Administration Data

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)

H Special Contract Requirements

I Contract Clauses

52.252-2 -- Clauses Incorporated by Reference. (Feb 1998)

52.202 -- Definitions of Words and Terms Provisions and Clauses. (Nov 2013)

52.203-3 – Gratuities. (Apr 1984)

52.203-5 -- Covenant Against Contingent Fees. (May 2014)

52.203-6 -- Restrictions on Subcontractor Sales to the Government. (Sep 2006)

52.203-7 -- Anti-Kickback Procedures. (May 2014)

52.203-8 -- Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (May 2014) 11

52.203-10 -- Price or Fee Adjustment for Illegal or Improper Activity. (May 2014)

52.203-11 -- Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

(Sep 2007)

52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010)

52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Apr 2014)

52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

52.204-9 -- Personal Identity Verification of Contractor Personnel. (Jan 2011)

52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards. (Jul 2013)

52.204-13 – System for Award Management Maintenance. (Jul 2013)

52.209-6 -- Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013)

52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations. (May 2012)

P15PS00924 JEFF Repair/Replace Louvers 5 of 41

52.211-5 -- Material Requirements. (Aug 2000)

52.215-2 -- Audit and Records – Negotiation. (Oct 2010)

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

52.219-6 -- Notice of Total Small Business Set-Aside. (Nov 2011)

52.219-8 -- Utilization of Small Business Concerns. (Oct 2014)

52.219-14 -- Limitations on Subcontracting. (Nov 2011)

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

52.222-3 -- Convict Labor. (June 2003)

52.222-4 -- Contract Work Hours and Safety Standards -- Overtime Compensation. (May 2014)

52.222-6 – Construction Wage Rate Requirements. (May 2014)

52.222-7 -- Withholding of Funds. (May 2014)

52.222-8 -- Payrolls and Basic Records. (May 2014)

52.222-9 -- Apprentices and Trainees. (Jul 2005)

52.222-10 -- Compliance with Copeland Act Requirements (Feb 1988)

52.222-11 -- Subcontracts (Labor Standards). (May 2014)

52.222-12 -- Contract Termination – Debarment. (May 2014)

52.222-13 -- Compliance with Construction Wage Rate Requirements and Related Regulations. (May 2014)

52.222-14 -- Disputes Concerning Labor Standards. (Feb 1988)

52.222-15 -- Certification of Eligibility. (May 2014)

52.222-21 -- Prohibition of Segregated Facilities. (Feb 1999)

52.222-22 -- Previous Contracts and Compliance Reports. (Feb 1999)

52.222-26 -- Equal Opportunity. (Mar 2007)

52.222-27 -- Affirmative Action Compliance Requirements for Construction. (Feb 1999)

52.222-35 -- Equal Opportunity for Veterans. (Jul 2014)

52.222-36 – Equal Opportunity for Workers With Disabilities. (Jul 2014)

52.222-37 -- Employment Reports on Veterans. (Jul 2014)

52.222-40 – Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010)

52.222-50 -- Combating Trafficking in Persons. (Feb 2009)

52.222-54 – Employment Eligibility Verification. (Aug 2013)

52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts.

(Sep 2013)

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

52.223-6 -- Drug-Free Workplace. (May 2001)

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

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

52.227-1 -- Authorization and Consent. (Dec 2007)

52.227-2 -- Notice and Assistance Regarding Patent and Copyright Infringement. (Dec. 2007)

52.228-2 -- Additional Bond Security. (Oct 1997)

52.228-5 -- Insurance -- Work on a Government Installation. (Jan 1997)

52.228-11 -- Pledges of Assets. (Jan 2012)

52.228-12 -- Prospective Subcontractor Requests for Bonds. (May 2014)

52.228-13 -- Alternative Payment Protections. (Jul 2000)

52.228-14 -- Irrevocable Letter of Credit. (Nov 2014)

52.228-15 -- Performance and Payment Bonds – Construction (Oct 2010)

52.229-3 -- Federal, State, and Local Taxes. (Feb 2013)

52.232-5 -- Payments Under Fixed-Price Construction Contracts. (May 2014)

52.232-17 -- Interest. (May 2014)

52.232-23 -- Assignment of Claims. (May 2014)

52.232-27 -- Prompt Payment for Construction Contracts. (May 2014)

52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management. (Jul. 2013)

52.232-39 – Unenforceability of Unauthorized Obligations. (Jun 2013)

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

52.233-1 -- Disputes. (May 2014)

52.233-3 -- Protest After Award. (Aug. 1996)

52.233-4 -- Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-2 -- Differing Site Conditions. (Apr 1984)

52.236-3 -- Site Investigation and Conditions Affecting the Work. (Apr 1984)

52.236-5 -- Material and Workmanship. (Apr 1984)

52.236-6 -- Superintendence by the Contractor. (Apr 1984)

52.236-7 -- Permits and Responsibilities. (Nov 1991)

52.236-8 -- Other Contracts. (Apr 1984)

52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Apr 1984)

P15PS00924 JEFF Repair/Replace Louvers 7 of 41

52.236-10 -- Operations and Storage Areas. (Apr 1984)

52.236-11 -- Use and Possession Prior to Completion. (Apr 1984)

52.236-12 -- Cleaning Up. (Apr 1984)

52.236-13 -- Accident Prevention. (Nov 1991)

52.236-14 -- Availability and Use of Utility Services. (Apr 1984)

52.236-15 -- Schedules for Construction Contracts. (Apr 1984)

52.236-17 -- Layout of Work. (Apr 1984)

52.236-21 -- Specifications and Drawings for Construction. (Feb 1997)

52.236-26 -- Preconstruction Conference. (Feb 1995)

52.242-13 -- Bankruptcy. (Jul 1995)

52.243-4 -- Changes. (Jun 2007)

52.244-6 -- Subcontracts for Commercial Items. (Oct 2014)

52.246-21 -- Warranty of Construction. (Mar 1994)

52.249-2 -- Termination for Convenience of the Government (Fixed-Price).(Apr 2012) Alternate I (Sep 1996)

52.253-1 -- Computer Generated Forms. (Jan 1991)

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

52.252-6 -- Authorized Deviations in Clauses. (Apr 1984)

52.222-55 -- Minimum Wages Under Executive Order 13658. (Dec 2014)

1452.201-70 Authorities and delegations. (SEP 2011)

1452.203-70 Restrictions on Endorsements -- Department of the interior (JUL 1996)

1452.204-70 Release of Claims. (JUL 1996)

1452.228-70 Liability Insurance (JUL 1996)

1452.236-70 Prohibition Against Use of Lead-based Paint —Department of the Interior (JUL 1996)

J List of Attachments

K Representations, Certifications, & Other Statements

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

52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations--Representation. (May 2011)

52.222-38 -- Compliance with Veterans’ Employment Reporting Requirements. (Sep 2010)

52.223-1 -- Biobased Product Certification. (May 2012)

P15PS00924 JEFF Repair/Replace Louvers 8 of 41

52.225-25 -- Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (Dec 2012)

52.236-28 -- Preparation of Proposals – Construction. (Oct 1997)

52.203-2 -- Certificate of Independent Price Determination. (Apr 1985)

52.204-8 -- Annual Representations and Certifications. (Nov 2014)

52.209-5 -- Certification Regarding Responsibility Matters. (Apr 2010)

52.219-1 -- Small Business Program Representations. (Oct 2014)

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

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

52.225-20 – Prohibition on Conducting Restricted Business Operations in Sudan--Certification. (Aug 2009)

L Instructions, Conditions, & Notices to Offerors or Quoters

52.204-7 -- System for Award Management. (Jul 2013)

52.215-1 -- Instructions to Offerors -- Competitive Acquisition. (Jan 2004)

52.216-1 -- Type of Contract. (Apr 1984)

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

52.222-25 -- Affirmative Action Compliance. (Apr 1984)

52.232-2 -- Service of Protest Department of the Interior (JUL 1996) (Deviation)

52.236-27 -- Site Visit (Construction). (Construction) (Feb 1995)

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984)

Addenda to 52.215-1 - Specific Instructions to Offerors

M Evaluation Factors for Award

P15PS00924 JEFF Repair/Replace Louvers 9 of 41

E Inspection & Acceptance 52.246-12 -- Inspection of Construction. (Aug. 1996)

F Deliveries or Performance 52.211-10 -- Commencement, Prosecution, and Completion of Work. (Apr 1984) 52.242-14 -- Suspension of Work. (Apr 1984) 52.249-10 -- Default (Fixed-Price Construction). (Apr 1984)

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

The Contractor shall be required to

(a) commence work under this contract within 14 days 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 to be determined at contract award. The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

(d) The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 10 May 2015. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause)

G Contract Administration Data DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)

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

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, 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.

P15PS00924 JEFF Repair/Replace Louvers 10 of 41

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

Signed draft CPAR, as requested by the Contracting Officer Release of Claims (DI-137) for the final invoice of the option period

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.

(End of Clause)

H Special Contract Requirements

The following regulations apply to the contract, in addition to Attachment 1 - Specifications:

The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings

I Contract Clauses 52.252-2 -- Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ http://www.acquisition.gov/far/

(End of Clause)

DRAFT

http://www.nps.gov/tps/standards/four-treatments/treatment-guidelines.pdf http://www.nps.gov/tps/standards/four-treatments/treatment-guidelines.pdf

P15PS00924 JEFF Repair/Replace Louvers 11 of 41

52.202 -- Definitions of Words and Terms Provisions and Clauses. (Nov 2013) 52.203-3 – Gratuities. (Apr 1984) 52.203-5 -- Covenant Against Contingent Fees. (May 2014) 52.203-6 -- Restrictions on Subcontractor Sales to the Government. (Sep 2006) 52.203-7 -- Anti-Kickback Procedures. (May 2014) 52.203-8 -- Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (May 2014) 52.203-10 -- Price or Fee Adjustment for Illegal or Improper Activity. (May 2014) 52.203-11 -- Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (Sep 2007) 52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010).

52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Apr 2014) 52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.204-9 -- Personal Identity Verification of Contractor Personnel. (Jan 2011) 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards. (Jul 2013) 52.204-13 – System for Award Management Maintenance. (Jul 2013) 52.209-6 -- Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) 52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations. (May 2012) 52.211-5 -- Material Requirements. (Aug 2000) 52.215-2 -- Audit and Records – Negotiation. (Oct 2010) 52.215-8 -- Order of Precedence -- Uniform Contract Format. (Oct 1997) 52.219-6 -- Notice of Total Small Business Set-Aside. (Nov 2011) 52.219-8 -- Utilization of Small Business Concerns. (Oct 2014) 52.219-14 -- Limitations on Subcontracting. (Nov 2011) 52.219-28 – Post-Award Small Business Program Rerepresentation. (Jul 2013) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 238220 assigned to solicitation number P15PS00924 and the resultant contract.

[Contractor to sign and date and insert authorized signer's name and title].

(End of clause) DRAFT

P15PS00924 JEFF Repair/Replace Louvers 12 of 41

52.222-3 -- Convict Labor. (June 2003) 52.222-4 -- Contract Work Hours and Safety Standards -- Overtime Compensation. (May 2014) 52.222-6 – Construction Wage Rate Requirements. (May 2014) 52.222-7 -- Withholding of Funds. (May 2014) 52.222-8 -- Payrolls and Basic Records. (May 2014) 52.222-9 -- Apprentices and Trainees. (Jul 2005) 52.222-10 -- Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 -- Subcontracts (Labor Standards). (May 2014) 52.222-12 -- Contract Termination – Debarment. (May 2014) 52.222-13 -- Compliance with Construction Wage Rate Requirements and Related Regulations. (May 2014) 52.222-14 -- Disputes Concerning Labor Standards. (Feb 1988) 52.222-15 -- Certification of Eligibility. (May 2014) 52.222-21 -- Prohibition of Segregated Facilities. (Feb 1999) 52.222-22 -- Previous Contracts and Compliance Reports. (Feb 1999) 52.222-26 -- Equal Opportunity. (Mar 2007) 52.222-27 -- Affirmative Action Compliance Requirements for Construction. (Feb 1999) 52.222-35 -- Equal Opportunity for Veterans. (Jul 2014) 52.222-36 – Equal Opportunity for Workers With Disabilities. (Jul 2014) 52.222-37 -- Employment Reports on Veterans. (Jul 2014) 52.222-40 – Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010) 52.222-50 -- Combating Trafficking in Persons. (Feb 2009) 52.222-54 – Employment Eligibility Verification. (Aug 2013) 52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts. (Sep 2013) 52.223-5 -- Pollution Prevention and Right-to-Know Information. (May 2011) 52.223-6 -- Drug-Free Workplace. (May 2001) 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving. (Aug 2011) 52.225-13 -- Restrictions on Certain Foreign Purchases. (Jun 2008) 52.227-1 -- Authorization and Consent. (Dec 2007) 52.227-2 -- Notice and Assistance Regarding Patent and Copyright Infringement. (Dec. 2007) 52.228-2 -- Additional Bond Security. (Oct 1997) 52.228-5 -- Insurance -- Work on a Government Installation. (Jan 1997) 52.228-11 -- Pledges of Assets. (Jan 2012) 52.228-12 -- Prospective Subcontractor Requests for Bonds. (May 2014) 52.228-13 -- Alternative Payment Protections. (Jul 2000) 52.228-14 -- Irrevocable Letter of Credit. (Nov 2014) 52.228-15 -- Performance and Payment Bonds – Construction (Oct 2010) 52.229-3 -- Federal, State, and Local Taxes. (Feb 2013) 52.232-5 -- Payments Under Fixed-Price Construction Contracts. (May 2014) 52.232-17 -- Interest. (May 2014) 52.232-23 -- Assignment of Claims. (May 2014) 52.232-27 -- Prompt Payment for Construction Contracts. (May 2014) 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management. (Jul. 2013) 52.232-39 – Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013) 52.233-1 -- Disputes. (May 2014) 52.233-3 -- Protest After Award. (Aug. 1996) 52.233-4 -- Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 -- Differing Site Conditions. (Apr 1984) 52.236-3 -- Site Investigation and Conditions Affecting the Work. (Apr 1984)

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52.236-5 -- Material and Workmanship. (Apr 1984) 52.236-6 -- Superintendence by the Contractor. (Apr 1984) 52.236-7 -- Permits and Responsibilities. (Nov 1991) 52.236-8 -- Other Contracts. (Apr 1984) 52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Apr 1984) 52.236-10 -- Operations and Storage Areas. (Apr 1984) 52.236-11 -- Use and Possession Prior to Completion. (Apr 1984) 52.236-12 -- Cleaning Up. (Apr 1984) 52.236-13 -- Accident Prevention. (Nov 1991) 52.236-14 -- Availability and Use of Utility Services. (Apr 1984) 52.236-15 -- Schedules for Construction Contracts. (Apr 1984) 52.236-17 -- Layout of Work. (Apr 1984) 52.236-21 -- Specifications and Drawings for Construction. (Feb 1997) 52.236-26 -- Preconstruction Conference. (Feb 1995) 52.242-13 -- Bankruptcy. (Jul 1995) 52.243-4 -- Changes. (Jun 2007) 52.244-6 -- Subcontracts for Commercial Items. (Oct 2014) 52.246-21 -- Warranty of Construction. (Mar 1994) 52.249-2 -- Termination for Convenience of the Government (Fixed-Price).(Apr 2012) Alternate I (Sep 1996).

52.253-1 -- Computer Generated Forms. (Jan 1991) 52.225-9 -- Buy American–Construction Materials. (May 2014)

(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 46 U.S.C. 40102(4), 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--

(1) 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

P15PS00924 JEFF Repair/Replace Louvers 14 of 41

(2) 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—

(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 nonavailability 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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute 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 statute 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 statute 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 statute.

(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--

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

(B) Unit of measure;

(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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(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

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Foreign construction material

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 entry certificate is issued).]

(End of Clause)

52.252-6 -- Authorized Deviations in Clauses. (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation of any Department of Interior Acquisitions Regulation (DIAR) FAR Supplement (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

52.222-55 -- Minimum Wages Under Executive Order 13658. (Dec 2014)

(a) Definitions. As used in this clause--

“United States'' means the 50 states and the District of Columbia.

“Worker''—

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV),

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541,

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(b) Executive Order Minimum Wage rate.

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(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)

(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O.

minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subcontract costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O.

minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

http://www.wdol.gov/

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(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)

(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to--

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to--

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes.

With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records.

(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

http://www.dol.gov/whd/govcontracts

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(i) Name, address, and social security number;

(ii) The worker's occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 10.51,Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

(End of clause)

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1452.201-70 Authorities and delegations. (SEP 2011)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

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

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

(End of clause)

1452.203-70 Restrictions on Endorsements -- Department of the interior (JUL 1996) The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

(End of clause)

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1452.204-70 Release of Claims. (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)

1452.228-70 Liability Insurance (JUL 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:

$1,000,000.00 each person* $1,000,000.00 each occurrence* $1,000,000.00 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.