P15PS00925_Clauses.docx

Table of Contents

D.1 PAYMENT OF POSTAGE AND FEES…………………………………………….…………….………..…10

D.2 MARKING ……………………………………………………………………………………………………10

E.4 1452.204-70 Release of Claims. (JUL 1996)………………………………………………………………

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

To be completed upon award of contract.

B.2 SUPPLIES AND/OR SERVICES TO BE FURNISHED

The Contractor shall provide all labor, materials, and facilities, (except as may be expressly set forth in this contract as furnished by the Government) necessary to furnish the items below in accordance with the Description/Specifications/Work Statement in Section C.

Schedule A - WATER TANK RECONDITIONING AT METCALF BOTTOMS AND CHIMNEYS PICNIC AREA

Additive 1 WATER TANK RECONDITIONING AT COSBY MAINTENANCE YARD

Additive 2 METCALF BOTTOMS WATER LINE

B.3 CONSIDERATION -- FIXED-PRICE

The total fixed price of this contract is $__________________.

(Payments shall be made in accordance with the approved schedule of values.)

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK/SPECIFICATIONS

The statement of work/specifications and plans are attached and is listed in Section J as Attachments 1, 2, 3, and 4.

SECTION D - PACKAGING AND MARKING

D.1 Payment of Postage and Fees All postage and fees related to submitting information, forms, reports, etc., to the Contracting Officer (CO) and/or Contracting Officer’s Representative (COR) shall be paid by the contractor.

D.2 Marking All information submitted to the CO and/or COR shall clearly indicate the Contract Number of the contract for which the information is being submitted. [For this Solicitation, there are NO clauses in this Section]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION APR 1996

E.2 INSPECTION AND ACCEPTANCE

Final inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative at:

Inspection: Great Smoky Mountains National Park, Gatlinburg, TN 37738

Acceptance: (Same as Above)

For the purpose of this clause, the Contracting Officer's Representative (COR) named in the Designation of COR clause in this contract is the representative of the Contracting Officer. The Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representatives. Should such occur, the Contractor will be notified by a written notice.

E.3 CONTRACTOR QUALITY CONTROL

a. General: The Contractor shall provide and maintain an effective quality control program. The burden of proof of contract compliance is placed on the Contractor and not assumed by the Government. The Contractor's quality control will not be accepted without question and the right to inspect or verify at any time is reserved by the Government.

b. Pre-construction Conference: After the contract is awarded and before construction operations are started, the Contractor shall meet with the COR, or their representatives, and discuss quality control requirements. The contractor shall furnish the COR within 10 days after receipt of notice to proceed, the following information:

(1) The name and qualifications of the individual performing inspections, giving education, licenses, present job position and previous work experience.

The meeting shall develop mutual understanding relative to details of the system, including the forms to be used for recording the quality control operations, inspections, administration of the quality control system, and the interrelationship of Contractor and Government inspection.

c. Quality Control System:

(1) The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of subcontractors, to insure conformance to applicable specifications and drawings with respect to the materials, workmanship, construction, finish, functional performance, and identification, with emphasis on the surveillance, tests and submittals required in the Technical Provisions of the contract specifications, including applicable in-plant inspection. This control will be established for all construction except where the Technical Provisions of the contract provide for specific Government control by inspections, tests or other means. The Contractor shall notify the COR or his authorized representative in writing of any proposed change to the Contractor's quality control system; no such change shall be implemented prior to acceptance in writing by the COR or his authorized representative.

(2) Review Submittals: The Contractor's control system will specifically provide for surveillance, coordination, and review of shop drawings, materials and equipment data submittals. Such surveillance, coordination and review of the aforementioned data shall be made to assure that the submission is complete and in compliance with applicable contract provisions. The Contractor's control system will be keyed to the proposed construction sequence in a manner to prevent construction deficiencies and/or delays caused by submittals lacking content and text required by the contract Technical Provisions. The Contractor will designate, by name, the quality control representative responsible for review, certification and submittal of shop drawings if different than the individual appointed as required in paragraph b.(1) above.

(3) Quality Control Procedures: The Contractor's quality control system at the job site shall follow a 3-step procedure consisting of (a) a Preparatory Inspection; (b) an Initial Inspection; and (c) Follow-up Inspections. The Contractor's quality control representative will advise the COR at least 24 hours prior to all preparatory and initial inspections. The preparatory and initial inspections will be attended by the applicable quality control representative and the Contractor's individual responsible for implementation of that portion of work at the site. Government personnel may participate in the preparatory, initial inspection and follow-up inspection.

(a) Preparatory Inspection: A preparatory inspection will be required to insure that the plant, materials and equipment meet the submittals and contract requirements. The Contractor will perform preparatory inspections as soon as possible after delivery of plant, equipment and material to the site and, in any event, prior to incorporation of material and equipment in the work.

(b) Initial Inspection: An initial inspection will be required at the start of each new phase of construction to establish that methods, techniques and standards of workmanship are in strict compliance with the contract requirements.

(c) Follow-up Inspections: Follow-up inspections will be performed on a daily or recurring basis as necessary to insure that construction is proceeding in accordance with contract requirements.

d. Quality Control Reports:

(1) The Contractor shall furnish a daily construction quality control report. The report shall be in accordance with the attached sample or such other form as may be proposed by the Contractor and approved by the COR. Additional check lists and forms for specific operations may be required to supplement the daily inspection form. The report shall include all inspections and tests made. It shall provide factual evidence that the required inspection or tests have been performed, including type and number of inspections or tests, the results, the nature of defects, cause of rejection and the corrective action taken. The daily report shall cover both conforming and defective items. It shall include a statement that all materials and equipment incorporated in the work are in full compliance with the terms of the contract except as noted. The report will cover all items and specifically include the items listed in the quality control paragraphs of the Technical Provisions. The report will be verified and signed by the prime Contractor's designated quality control representative. The daily reports will be furnished in two copies (original and one (1) duplicate) to the COR. The report will be legibly handwritten in ink or typewritten. Reports shall be submitted not later than the close of business on the first working day following the date of the report. Reports shall have all supporting documents (such as concrete placement checklist) referenced therein. Incomplete reports will not be accepted. Negative reports are required for days during which there is no activity on the project site and will include a brief statement as to why there was no activity during a normal workday or schedule.

e. Government Inspection:

The Government reserves the right to inspect at the source, supplies or services not manufactured or performed within the Contractor's facility. Government inspection shall not constitute acceptance; nor shall it in any way replace Contractor inspection or otherwise relieve the Contractor of his responsibility to furnish an acceptable end item. When inspection at subcontractors' or suppliers' plant is performed by the Government, such inspection shall not be used by Contractors as evidence of effective inspection by such subcontractors or suppliers.

(Sample of typical contractor quality control report)

CONTRACTOR'S NAME (Address)

DAILY CONSTRUCTION QUALITY CONTROL REPORT

Contract No. ________________________________

Date _______________________________________

Project Name ________________________________

Report No. __________________________________

Weather ____________________________________

Phases of Construction in Progress (give briefly only phase or phases of work in progress)

Material and/or Equipment Delivered to Site (include equipment demobilization)

Inspection Made (include negative inspections, phase of work inspected and inspections)

Preparatory

Initial

Follow-up

Tests Performed and Results of Tests (include results of tests taken on previous dates)

Verbal Instructions Received (list any instructions given by Government personnel on construction deficiencies, retesting required etc., with action to be taken)

Changed Conditions/Delays/Conflicts Encountered

Remarks

SIGNATURE ___________________ Quality Control Inspector

Contractor's Verification: The above report is complete and correct and all material and equipment used and work performed during this reporting period are in compliance with the contract plans and specifications except as noted above.

____________________________________________ Contractor's Approved Authorized Representative

E.4 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)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

F.2 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at:

Metcalf Bottoms and Chimneys Picnic Areas Great Smoky Mountains National Park 107 Park Headquarters Rd.

Gatlinburg, TN 37738 and

Cosby Maintenance Yard 107 Cosby Park Rd.

Cosby, TN 37722

F.3 PERIOD OF PERFORMANCE

The period of performance is 1 July 2015 to 31 Mar 2016.

F.4 SCHEDULE OF VALUES

Within ten (10) calendar days after Notice of Award, the Contractor shall submit a Schedule of Values (SOV) to the Contracting Officer that will be utilized to process monthly invoices.

F.5 UTILIZATION OF GOVERNMENT PROPERTY

The effort required to be accomplished under this contract must be performed at a Government owned facility. The Contractor, therefore, will be granted ingress and egress at the specific facility where effort is to be performed. While Contractor personnel are at the Government facility, they are required to comply with all rules and regulations of the facility, specific mention being made of complying with rules and regulations governing conduct with respect to health and safety not only as they relate to themselves but also to other personnel who are Government employees or agents of the Government and to property at the site regardless of whether or not title to such property vests with the Government.

The property to which the Contractor has access will at all times be in the custody of the Government and will not be considered "Government Property" furnished to the Contractor. The Government property to which the Contractor will have access under this clause will be made available during the life of the Contract. In the event the Property to which the Contractor is to have access is not made available as scheduled, the Contracting Officer shall, upon timely written request made by the Contractor, make a determination of the delay, if any, occasioned the contractor thereby, and shall equitably adjust the delivery or performance dates or the contract price, or both, and any other contractual provision affected by any such delay, in accordance with the procedures provided for in the clause of this contract entitled, "Changes."

F.6 SUBMITTALS

a. Submittal Control Form: The Contractor shall submit for approval to the Contracting Officer's Representative (COR) a minimum of four (4) copies of the Submittal Control Form.

(1) Content: Such submittals as shop drawings, including manufacturer's literature, certificates of compliance, material samples, test reports and applicable technical data shall be itemized on the form. For each submittal the form shall include type of submittal, contract requirement reference, Contractor's scheduled dates for submitting such items, who is to perform the review and projected procurement dates. The form on which to include the above information will be furnished to the Contractor by the COR.

(2) Submittal of Form: In preparing the form, adequate time will be allowed for review, approval and/or comments, and possible re-submittal on those items designated for approval action by the Government. The scheduling will also be coordinated with the progress schedule.

(3) Updating: The Contractor shall keep the form current by making daily entries to include added or deleted items or changes in scheduled dates. Although periodic submittals of the form are not required, the Contractor shall advise the COR in writing when revisions to the initial scheduling are made. The Contractor's updated/revised scheduling shall be made available to the COR upon request for monitoring. The status of shop drawings and other submittals will be considered in determining satisfactory progress in connection with the payment provisions of the contract. Payment for materials on or off site will not be allowed for materials for which appropriate submittals have not been made and certified or approved.

b. Submittal Procedures:

(1) Prior to any submittal of shop drawings, lists of materials, fixtures, and equipment, the Contractor shall review and ensure that such submittal is correct and in strict compliance with the contract drawings and specifications.

(2) Submittals for Government Approval: The Contractor shall submit to the COR a minimum of four (4) sets of all shop drawings, manufacturer's specifications and catalog extracts which have been designated for approval action by the Government. Submittals of the following items are hereby specifically designated to be submitted to the COR for review and approval:

Extensions of design;

Deviations and/or departure from the contract documents; (with a copy furnished to the Contracting Office, directly)

Any items of equipment whose compatibility with the entire system must be checked.

The Contractor shall make any corrections required by the COR. If the Contractor considers any corrections indicated on the submittals to constitute a change to the contract drawings or specifications, notice as required under the clause entitled "Changes" will be given to the Contracting Officer.

(3) Contractor Certified Submittals: Four (4) sets of all Contractor certified shop drawings, material lists, catalog cuts, and equipment lists shall be submitted by the Contractor to the COR not less than two weeks prior to Contractor's procurement of such materials, equipment, etc. Such submittals will be accepted for information purposes only. All samples of materials submitted as required by these specifications shall be properly identified and labeled for ready identification, and upon being certified, stored at the site of the work for jobsite use until all work has been completed and accepted by the COR. Each copy of the drawings, list, etc., reviewed and certified by the Contractor and not designated to be reviewed and approved by the Government shall be identified as having received such review and certification by being so stamped, signed, and dated by the Contractor. The stamp for certification action by the Contractor shall be similar to the following:

CONTRACTOR (Firm Name)

A - Certified to comply with contract drawings and specifications.

B - Certified to comply with contract drawings and specifications as noted on shop drawings and/or attached sheet(s). (Resubmission not required provided installation conforms as noted.)

Signature: _______________________________________

Title: ________________________________________

Date: ________________________________________

(4) Certificates of Compliance: Any certificates required for demonstrating proof of materials with specifications requirements shall be executed in three (3) copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Certificates of compliance shall be submitted, to the COR, ten (10) days prior to the use of the material in the project.

(5) Test Reports: Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the reports apply. Certifications shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

c. The COR will review all submittals and return to the Contractor, within 30 calendar days exclusive of mailing time, a statement signifying approval/disapproval of the submittals.

Contractor shall follow the submittal procedures set forth in Section F.7 -SUBMITTALS and the construction specifications. It shall be the Contractor's responsibility to provide materials meeting ASTM and U.L. requirements as stipulated by this contract.

F.7 PROGRESS SCHEDULE

a. In accordance with the clause in Section I, "52.236-15, SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)," the Contractor shall, within five (5) days after work commences, prepare and submit to the Contracting Officer three (3) copies of a practicable Progress Schedule which will reflect physical progress. This chart will be prepared so as to show the starting and completion dates of all such work features, beginning with date of Notice to Proceed and indicating calendar days to completion. The chart shall be a bar chart.

b. Dates for completion of features of work which will have a critical effect on the overall completion date are "milestone" dates and will be marked on the chart.

c. The Physical Progress Chart will be modified by the Contractor to reflect authorized changes in the work and extensions of time. The Modified Chart will then be promptly forwarded for approval to the Contracting Officer.

d. The Bar Chart will be the medium through which the timeliness of Contractor construction effort is appraised.

F.8 OPERATING AND MAINTENANCE DATA AND INSTRUCTIONS

The Contractor shall furnish to the COR, prior to the completion of the work under this contract, three (3) copies of an indexed, tabbed maintenance and operations manual to include all mechanical, electrical items as listed below. The binder shall be of the three (3) post type with a sturdy continuous piano hinge with the following information:

a. Operating instructions detailing step-by-step procedures required for system start-up.

b. Maintenance instructions listing routine maintenance procedures, possible breakdowns and repairs shall be furnished.

c. For each component part installed, the instructions shall include manufacturer's name, model number, serial number, operating instructions, service manual showing parts list, dismantling, and reassembly techniques. The service manual shall identify part numbers for ordering replacement parts.

d. Component part guarantees.

e. Manufacturer's cut sheets.

f. Sequence of operation including system control diagram.

g. Manufacturer's test results shall be provided in accordance with the requirements stated in each specification section.

h. Field performance test results shall be provided in accordance with the requirements stated in each of the specification sections.

i. Framed instructions under glass or in laminated plastic, including wiring and control diagrams showing the complete layout of the entire system, including equipment, piping, valves and control sequence, shall be posted where directed. Condensed operating instructions explaining preventive maintenance procedures, methods of checking the system for normal safe operation, and procedures for safely starting and stopping the system shall be prepared in typed form, framed as specified above for the wiring and control diagrams, and posted beside the diagrams. Proposed diagrams, instructions, and other sheets shall be submitted prior to posting. The framed instructions shall be posted before acceptance testing of the systems.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer (CO):

Name: Laurie Sherrod

Phone: 865-436-1219

Fax: 865-436-1220

Email: laurie_sherrod@nps.gov

Contracting Officer's Representative (COR):

Name: Steve Sauer

Phone: 865-436-1318

Fax: TBD

Email: Steven_Sauer@nps.gov

G.2 SUBMISSION OF REQUESTS FOR PROGRESS PAYMENTS

The Contractor shall request progress payments by submitting to the contracting officer an original and three (3) copies of SF 1443, "Contractor's Request For Progress Payment," and Contractor's invoice (if applicable).

G.3 INVOICES

DOI ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

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 Condition - Commercial Items including in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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 emailippgroup@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.

G.4 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

For the purpose of this contract the Contracting Officer's Representative (COR), shall be: Steven Sauer

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 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:

$100,000.00 each person*

$500,000.00 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. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

H.2 1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT. - DEPARTMENT OF THE INTERIOR (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.

H.3 WAGE DETERMINATION

In the performance of this contract the Contractor shall comply with the requirements of U.S. Department of Labor Wage Determination Numbers TN150036 and TN150067 both dated 01/02/2015, which is contained as Attachments 5& 6 to this solicitation.

H.4 UTILITIES

(a) Interruptions of Utilities

(1) No utility services shall be interrupted by the Contractor to make connections, to relocate, or for any purpose without approval of the COR.

(2) Request for permission to shut down services shall be submitted in writing to the COR not less than 10 days prior to date of proposed interruption. The request shall include the following information:

Nature of Utility (electric, sewer, water, roadway, etc.)

Size of line and location of shutoff Buildings and services affected Hours and date of shutoff Estimated length of time service will be interrupted

(3) Services shall not be shut off until receipt of approval of the proposed hours and date from the COR.

(4) Shutoffs which will cause interruption of Government work operations as determined by the COR shall be accomplished during regular non-work hours or non-work days of the using agency without any additional cost to the Government.

(5) Operation of valves on water mains will be by Government personnel. Where shutoff of water lines interrupts service to fire hydrants or fire sprinkler systems, the Contractor shall arrange his operations and have sufficient material and personnel available to complete the work without undue delay or to restore service without delay in event of emergency.

H.5 SAFETY

a. General. The Contractor shall comply with the clause in Section I.11, 52.236-13 Accident Prevention (APR 1984) including the "Safety and Health Requirements Manual EM 385-1", Revised Oct 1987, referred to therein in addition to the provision in this section.

b. Safety Program:

(1) Corps of Engineers Manual EM 385-1 and all subsequent revisions to in the "Accident Prevention" clause of Section I are hereby supplemented or revised as follows:

a) The Contractor shall designate an employee responsible for the overall supervision of accident prevention activities. Such duties shall include (1) assuring applicable safety requirements are incorporated in work methods and (2) inspecting the work to ensure that safety measures and instructions are actually applied.

b) In satisfying the safety objectives, the Contractor may utilize any method which meets the contract requirements as herein specified or as may otherwise be directed by the COR.

c) Accident Investigation: Chargeable accidents are to be investigated by both Contractor personnel and Government Inspector.

d) Accident Reporting: The prime Contractor will report to the COR all injuries to his employees and employees of subcontractors that require examination by a doctor and all damage to property and/or equipment in excess of $300.00 per incident. Verbal notification of such accidents will be made to the COR within 24 hours. A written report will be submitted to the COR within 72 hours following such accidents.

e) OSHA Log: A copy of the Contractor's OSHA log of injuries will be forwarded monthly to the COR.

f) OSHA Inspections: Contractors shall immediately notify the COR when an OSHA Compliance Official (Federal or State Representative) presents his credentials and informs the Contractor that the workplace will be inspected for OSHA compliance. Contractors shall also notify the COR upon determining that an exit interview will take place upon completion of the OSHA inspection (NABSA 5 Oct 76).

g) Generator Grounding: The grounding of portable and vehicle mounted generators shall comply with Article 250-6 of the National Electrical Code (MEMO 28 Jan 1975).

H.6 STANDARDS OF CONDUCT

The contractor, its employees, and subcontractors shall comply with In order to provide safety controls for protection of the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with all applicable Federal laws and regulations with such additional measures as the government may deem necessary. Applicable provisions of Occupational Safety and Health Administration 29 CFR (OSHA), Environmental Protection Agency (EPA), and the State of Tennessee regulations will be applied to all work under this contract. The GRSM safety officer has the authority to issue restraint or cease-and-desist orders to the contractor when violations or unsafe acts are present and threaten Government and contractor employees or damage to Government property.

The Contractor shall ensure all tools, equipment, and machinery are in good working order. These items may be inspected by the GRSM Safety Officer when the Contractor reports to the job site. Material Safety Data Sheets for products containing hazardous chemicals must be reviewed by the government before they are used on the project. Contractors will have to provide this information during the pre-construction meeting. Contractors are required to provide their personnel with the Personal Protective Equipment (PPE) necessary to complete the project. Sturdy, over-the-ankle boots, hard hats, fall protection, and safety glasses with solid side shields shall be worn in all construction areas.

Contractors are expected to designate a qualified employee as a project Safety Representative. Qualified personnel trained in safety issues are defined as experienced employees, specifically designated on Contractor employee or payroll records as a Safety Representative or similar title, and possessing special qualifications and training in OSHA regulations. If at any time during the life of the Contract the government determines that continued unsafe work practices occur, the Contracting Officer may direct the Contractor to revise and/or supplement the present organization structure with additional qualified personnel trained in safety issues at no additional cost to the government or time extensions to the Contract.

The Contracting Officer will notify the Contractor of any non-compliance with the foregoing requirements. The Contractor shall, after being notified, immediately take corrective action. If the Contractor fails, or refuses, to comply promptly, the Contracting Officer may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such Stop Work Orders shall be legal grounds for an extension of time or for additional cost or damages incurred by the Contractor.

The Contractor shall include the provisions of this section (C.1.4 Safety Requirements) in all subcontracts and purchase orders. However, such requirement in the Contractor’s lower-tier subcontracts or purchase orders shall not relieve the Contractor of its obligation to assure compliance with the requirements of this clause for all aspects of the work whether performed by the Contractor or its lower-tier subcontractors.

The Contractor is responsible for the physical security for all materials, supplies and equipment of every description, including property that may be government owned, Contractor operation/work, and storage areas, and also areas occupied jointly by the Contractor and the government. The Contractor shall comply with all NPS security requirements. Contractor employees and employees of lower-tier subcontractors whose conduct is determined to be prejudicial to the interest of the Government shall be immediately removed from the work upon notification by the Contracting Officer.

Compliance with the foregoing provisions of this paragraph by lower-tier subcontractors shall be the responsibility of the Contractor and there shall be no additional costs to the government for such action. The government reserves the right at all times to issue instructions pertaining to the Contractor’s jurisdiction and general conduct of its security program and shall have the right to examine procedures, methods, records, and facilities used by the Contractor in complying with the requirements of the government. The Contractor shall be responsible to adhere to any and all security regulations imposed by the government.

The NPS is designated as a workplace free of Alcohol, Illegal Drugs and other Substance Abuse. The government may conduct periodic and unannounced inspections of the Contractor’s work areas within government property (NPS) boundaries.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

I.2 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

(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: ______ [Contracting Officer to list applicable excepted materials or indicate “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…