RFP_Package_B_M.rtf

Clauses/Provisions

Clauses/Provisions Section A—Standard Form 1449

Section B—Supplies or Services/Prices

Complete Standard Form SF-1449 and Price Schedule attached.

Section C--Description/Specifications

Technical Specifications for this project are attached.

Section D--Packaging and Marking

Proposals must be received not later than 17:00 pm, June 17, 2015.

Address: Julie_Newland@nps.gov

It is the contractor’s responsibility that offer submitted, regardless of the method of transmission, is received in this office prior to the time and date specified for receipt of proposals. Alternative submission is available if needed for proposals. They may be mailed to National Park Service, Julie Newland, 2282 S. West Resource Blvd, Moab, Utah 84532 via USPS, Fed Ex, or UPS or emailed to the address above. Either method is equally acceptable as long as received prior to solicitation closing date.

Postage pre-paid by sender.

Section E--Inspection and Acceptance

As specified in technical Specifications for this project, attached.

Section F--Deliveries or Performance

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

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications. (End of clause)

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) and Construction Inspector (CI), as required, at time of award. The COR and CI will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and CI 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 and CI are 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;

(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 or CI has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's or CI'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, COR and CI.

(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 or CI acting within his or her appointment, shall be at the Contractor's risk. (End of clause)

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) APRIL 2011

Beginning November 7, 2011, payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP). Payment terms for existing contracts and orders awarded prior to November 7 remain the same. The Contractor must use IPP for contracts and orders awarded November 7 and later, and must use the non-IPP invoicing process for those contracts and orders awarded prior to November 7.

"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 FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. 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:

1. Invoice either partial or final.

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 original 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. (End of clause)

1452.203-70 Restrictions on Endorsements

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)

1452.215-70 Examination of Records by the Department of the Interior

For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215-1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States. (End of clause)

Section H--Special Contract Requirements (No clauses)

Section I- Contract Clauses by Reference.

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 from google search engine under Federal Acquisition Regulations (FAR) or www.acquisitions.gov.

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (APR 1984) 52.203-6 -- Restrictions on Subcontractor Sales to the Government. (Sep 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 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) 52.209-5 Certification Regarding Responsibility Matters. (APR 2010) 52.212-4 -- Contract Terms and Conditions -- Commercial Items. (Dec 2014) 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran--Representation and Certification. (NOV 2011) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.229-3 Federal, State, and Local Taxes. (APR 2003) 52.232-17 Interest. (OCT 2010) 52.232-23 Assignment of Claims. (JAN 1986) 52.233-1 Disputes. (JUL 2002) 52.233-1 Disputes. (JUL 2002) - Alternate I (DEC 1991) 52.242-13 Bankruptcy. (JUL 1995) 52.242-15 Stop Work. (AUG 1989) 52.243-1 Changes – Fixed Price (AUG 1987) 52.244-6 Subcontracts for Commercial Items. (DEC 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (MAY 2004)

1452.228-74 INDEMNIFICATION (NOV 2007)

DIAPR 2000 Non-Discrimination Notice to U.S. Department of the Interior Contractors, Subcontractors and Lessors

Section I- Contract Clause in Full Text.

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02)

Insert the following provision in all solicitations that will use Federal funds, including solicitations for the acquisition of commercial items under FAR Part 12.

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision)

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02)

Insert the following provision in all solicitations and contracts that will use Federal funds, including solicitations and contracts for the acquisition of commercial items under FAR Part 12, or when obligating Federal funds on existing contracts.

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (MAR 2015)

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. (End of clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.

As prescribed in