Attachment_1._Clauses_ _Instructions_to_Offerors.pdf

Table of Contents

PART I - THE SCHEDULE…… ....................................................................................................................... A-1

SECTION A - SOLICITATION/CONTRACT FORM ................................................................................... A-1

SF 1449 SOLICITATION, OFFER, AND AWARDNOTICE: SET-ASIDE FOR SDVOSB (Construction, Alteration, or Repair) Service-Disabled Veteran-Owned Small Business ............................................................ A-1

PART I - THE SCHEDULE ............................................................................................................................... B-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS .................................................................. B-1

B.1 PRICE/COST SCHEDULE ............................................................................................................................ B-1 B.2 SUPPLIES AND/OR SERVICES TO BE FURNISHED ............................................................................... B-1 B.3 CONSIDERATION -- FIXED-PRICE ........................................................................................................... B-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK ......................................... C-1

C.1 PERFORMANCE WORK STATEMENT ..................................................................................................... C-1

SECTION D - PACKAGING AND MARKING............................................................................................... D-1

SECTION E - INSPECTION AND ACCEPTANCE ....................................................................................... E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ................................... E-2 E.2 INSPECTION AND ACCEPTANCE .............................................................................................................. E-2 E.3 CONTRACTOR QUALITY CONTROL ........................................................................................................ E-2

SECTION F - DELIVERIES OR PERFORMANCE ........................................................................................ F-5

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ................................... F-5 F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ............ F-5 F.3 BUY AMERICAN ACT-CONSTRUCTION MATERIALS .......................................................................... F-8 F.4 UTILIZATION OF GOVERNMENT PROPERTY ........................................................................................ F-8 F.5 SUBMITTALS ................................................................................................................................................. F-9 F.6 PROGRESS SCHEDULE ................................................................................................................................ F-3 F.7 GOVERNMENT FURNISHED UTILITIES ................................................................................................. F-10

SECTION G - CONTRACT ADMINISTRATION DATA ........................................................................... G-10

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS .............................................................................. G-11 G.2 SUBMISSION OF REQUESTS FOR PROGRESS PAYMENTS .............................................................. G-11 G.3 INVOICES .................................................................................................................................................... G-11 G.4 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR) .................................... G-11

SECTION H - SPECIAL CONTRACT REQUIREMENTS ......................................................................... H-11

H.1 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) .................................................... H-1 H.2 Executive Order 13513 PROPHIBITION ON TEXT MESSAGING ............................................................ H-2 H.3 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) ................................................................... H-1 H.4 1452.228-70 LIABILITY INSURANCE (JUL 1996) ................................................................................... H-2 H.5 1452.236-70 PROHIBITION AGAINST USE OF LEAD BASED PAINT-DOI (JUL 1996) ..................... H-3 H.6 WAGE DETERMINATION ........................................................................................................................ H-13 H.7 PAYROLL ................................................................................................................................................... H-14 H.8 UTILITIES ................................................................................................................................................... H-14 H.9 SAFETY ....................................................................................................................................................... H-14 H.10 CONTRACTOR EMPLOYEES ................................................................................................................. H-15 H.11 OPERATION OF FACILITY DURING CONSTRUCTIN ....................................................................... H-14 H.12 WORK HOURS ......................................................................................................................................... H-16 H.13 DISPOSAL ................................................................................................................................................. H-16 H.14 PERMITS ................................................................................................................................................... H-16 H.15 QUALITY OF WORK ............................................................................................................................... H-16 H.16 COMPLETION OF WORK ....................................................................................................................... H-16 H.17 MATERIAL APPROVAL SUBMITTALS ............................................................................................... H-16

PART II - CONTRACT CLAUSES ..................................................................................................................... I-4

SECTION I - CONTRACT CLAUSES ............................................................................................................... I-5

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ..................................... I-6 I.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ......................................................... I-6

I.3 52.252-8 OPTION TO EXTEND SERVICE (NOV 1999)

I.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

I.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011) .............................................................. I-6 I.6 52.233-2 SERVICE OF PROTEST (SEPT 2006) .............................................................................................. I-6

I.7 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS SET-

ASIDE (NOV 2011) ............................................................................................................................................... I-7 I.8 52.236-2 DIFFERING SITE CONDITIONS (APR 1984) ................................................................................ I-7 I.9 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984) ............... I-8 I.10 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984) ........................................... I-8

I.11 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JAN 2011) .......................................................................................................... I-9 I.12 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) ...................................................................... I-9 I.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ..................................................... I-10 I.14 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS ................................................... I-10

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ................................... J-1

SECTION J - LIST OF ATTACHMENTS ...................................................................................................... J-23

PART IV - REPRESENTATIONS AND INSTRUCTIONS ........................................................................... K-1

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS.......................................................................................................................................................... K-1

K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) .......................... K-1 K.2 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012) ........................................ K-2

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS ................................. L-1

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ....................... L-1 L.2 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) .............................. L-3 L.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) .................... L-4 L.4 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION (JAN 2004) ....................... L-4 L.5 52.236-28 PREPERATION OF PROPOSALS-CONSTRUCTION (OCT 1997) .......................................... L-8 L.6 PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS ........................................................ L-9

SECTION M - EVALUATION FACTORS FOR AWARD ........................................................................... M-1

PART I - THE SCHEDULE

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, material, equipment, tools, and supervision to paint the interior of The Swedish House at Carl Sandburg Home National Historic Site in accordance with the Performance Work Statement, technical specifications, terms and conditions contained in this solicitation

Period of Performance: July 1, 2015 – October 1, 2015 (90 days)

Description Quantity Units Unit Price Extended Price

Repaint first floor (All interior painted surfaces; floors, interior walls, windows and vents, doors and ceiling) – Brush paint only 2278 SQFT

Additives Subject to Availability of Funds

Repaint steps and upstairs hall (All interior painted surfaces; floors, interior walls, steps, doors and ceiling) – Brush paint only 694 SQFT

Repaint second floor (All interior painted surfaces;

floors, interior walls, windows and vents, doors and ceiling) – Brush paint only 1780 SQFT

TOTAL FIRM FIXED NOT TO EXCEED $

B.3 CONSIDERATION -- FIXED-PRICE

The total fixed price of this contract is $__________________.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK/SPECIFICATIONS

The Performance Work Statement/specifications is attached and is listed in Section J as Attachment 1.

SECTION D - PACKAGING AND MARKING

[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

52.246-13 INSPECTION--DISMANTLING, DEMOLITION, OR AUG 1996

REMOVAL OF IMPROVEMENTS

E.2 INSPECTION AND ACCEPTANCE

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

Inspection: Carl Sandburg Home National Historic Site, 81 Carl Sandburg Lane, Flat Rock, NC 28781 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

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

52.211-13 TIME EXTENSIONS SEP 2000

52.242-14 SUSPENSION OF WORK APR 1984

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS

FOR CONSTRUCTION. FEB 1999

52.227-4 PATENT INDEMINITY-CONSTRUCTION CONTRACTS DEC 2007

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS. SEP 2002

52.236-5 MATERIAL AND WORKMANSHIP. APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES. NOV 1991

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS. APR 1984

52.236-10 OPERATIONS AND STORAGE AREAS. APR 1984

52.236-12 CLEANING UP. APR 1984

52.236-13 ACCIDENT PREVENTION. NOV 1991

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES. APR 1984

52.246-12 INSPECTION OF CONSTRUCTION. APR 1996

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION). APR 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 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 90 days. The time stated for completion shall include final cleanup of the premises.

F.3 52.225-9 BUY AMERICAN ACT – 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 request, including--

(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

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).]

F.4 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.5 SUBMITTALS

a. Submittal Control Form: The Contractor shall submit for approval to the Contracting Officer's Representative (COR) a minimum of three (3) 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 three (3) 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: Three (3) 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.6 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 affect 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.7 GOVERNMENT FURNISHED UTILITIES

The Government shall furnish to the Contractor, at date of award, electrical power and domestic water from "existing outlets".

These utilities will be provided to the Contractor at no cost.

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: Lara W. Anderson Phone: 828-348-3417 Email: lara_anderson@nps.gov Contracting Officer's Representative (COR):

Name: TBD Phone: TBD Email: TBD

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: TBD

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 52.228-13 Alternative Payment Protections (JULY 2000) As prescribed in 28.102-3(b), insert the following clause:

(a) The Contractor shall submit one of the following payment protections:

IRREVOCABLE LETTER OF CREDIT or a PAYMENT BOND

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

H.2 Executive Order 13513 Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government While Driving as prescribed in Federal Leadership on Reducing Text Messaging While Driving

Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving (Oct, 2009)

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

H.3 52.246-21 -- WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of --

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall --

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

H.4 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.5 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.6 WAGE DETERMINATION

In the performance of this contract the Contractor shall comply with the requirements of U.S. Department of Labor Wage Determination Number NC150011 12/2/2015, which is contained as an Attachment to this solicitation.H.7

H.7 PAYROLL

The Contractor must furnish copies of his weekly payrolls to the CO. Payroll submission is required weekly, seven

(7) days after close of payroll period.

H.8 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.9 SAFETY

The Contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Occupational Safety and Health Act (OSHA) or Federally approved State equivalent(s) thereof; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA) and Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

H.10 CONTRACTOR EMPLOYEES

(a) The Contractor shall provide the Contracting Officer with the name(s) of responsible the responsible supervisor authorized to act for the Contractor.

(b) The Contractor shall furnish sufficient personnel to perform, supervise and manage all work.

(c) Contractor employees shall conduct themselves in a proper, efficient, courteous and business-like manner.

(d) The Contractor shall remove from the site any individual whose continued employment is deemed by the contracting Officer to be contrary to public interest or inconsistent with the National Park Service.

H.11 OPERATION OF FACILITY DURING CONSTRUCTION

Construction activities must not interrupt the function and day-to-day operations of the facility during construction.

The contractor must…