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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
0040209995
NPS, SER - South MABO
40001 SR 9336
Homestead FL 33034
PSS
FBO.gov or https://www.fedconnect.net
Mary Stefanos 239-695-1104
1x 05/29/2015
P15PS01215
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Contractor shall supply all materials, tools, equipment, transportation and supervision necessary to repair three boardwalks within Cumberland Islands National
Seashore, St Marys, GA in accordance with clauses, provisions, wage determination(s), statement of work and applicable codes and standards.
A RESERVATION IS REQUIRED FOR THE SITE VISIT. See Attachment 1 and section L.3 for important information.
Offers must be submitted electronically through FBO.gov or https://www.fedconnect.net. Blocks 14 through 20c of the SF 1442 must be filled out prior to submittal. If help is needed call 1-800-899-6665. Ensure to enter line item unit price and/or amounts in FedConnect
This procurement is 100% set-aside for Service Disabled Veteran Owned Small
Businesses' using NAICS code of 238990 with a size standard of $15M.
Magnitude of Construction: Between $250,000 and $500,000.
The Government contemplates award of a Firm-Fixed Price contract resulting from this
Continued ...
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 120 calendar days and complete it within ________________ ________________ calendar days after receiving
See Section F
06/29/2015
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
DOI, NPS, SER - South MABO
40001 SR 9336
Homestead FL 33034
PSS
Mary Stefanos
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 21
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
P15PS01215
solicitation.
Questions about this solicitation must be submitted via EMAIL to Mary_Stefanos@nps.gov by noon (EST) on Wednesday, June 10, 2015. An amendment may be posted to clear up any ambiguities or answer all questions received at one time. No oral questions will be accepted.
ALL available information is attached and has been posted.
Period of Performance shown is approximate and estimated to be no more than 120 days.
Delivery: 120 Days After Notice to Proceed
Delivery Location Code: 0009060267
NPS, Cumberland Island
101 Wheeler Street
St. Marys GA 31558-0806 US
FOB: Destination
Period of Performance: 07/13/2015 to 11/12/2015
00010 Replace handrails and decking of three boardwalks.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
P15PS01215
Page 4 of 21 Pages
TABLE OF CONTENTS
PART I – THE SCHEDULE
SECTION A –SF 1442 (Solicitation/Contract Form) SECTION B –Supplies or Services and Price Cost (See SF 1442 (block 17 for offer) SECTION C --Specifications
C.1 ......... Statement of Work SECTION D-Packaging and Marking-Not Used SECTION E -- Inspection and Acceptance
E.1 ......... Inspection of Construction E.2 ......... Warranty of Construction
SECTION F -- Deliveries or Performance F.1 ......... ........Clauses By Reference F.2 ......... ........Time Extensions F.3................... Commencement, Prosecution, and Completion of Work F.4 .................. Safety Plan F.5 .................. Deliverables
SECTION G -- Contract Administration Data G.1 ......... .......Contract Administration G.2 ......... .......Authorities & Delegations G.3 ......... .......Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)
SECTION H -- Special Contract Requirements H.1 ......... Clauses Incorporated by Reference H.2 ......... Encouraging Contractor Policies to Ban Text Messaging While Driving H.3 ......... Government Delay of Work H.4 ......... Prohibition Against Use of Lead-based Paint H.5 ......... Contractor Performance Information (DIAPR) 2010-14, Amendment 1 Contractor Performance
Assessment Reporting System H.6 ......... Establishing a Minimum Wage for Contractors. (DEVIATION) (JUNE 2014)
PART II – CONTRACT CLAUSES
SECTION I -- Contract Clauses
I.1 .......... ........Clauses By Reference I.2 .......... ........Release of Claims - Department of Interior I.3 .......... ........Liability Insurance - Department of Interior I.4 .......... ........Conduct of Operations I.5 .......... ........Accident Prevention I.6 .......... ........Specifications and Drawings for Construction I.7 .......... ........Changes I.8 ................... Performance and Payment Bonds-Construction
PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J – List of Attachments
J.1 .......... Site Visit Information (Atch 1) (**Reservation Required**) J.2 .......... Wage Determination (Atch 2) J.3 .......... Pictures
PART IV – REPRESENTATIONS AND INSTRUCTIONS
Section K - Representations, Certifications, and Other Statements of Offerors
K.1 ......... Clauses By Reference
SECTION L -- Instructions, Conditions and Notices to Bidders
L.1 .......... Clauses By Reference L.2 .......... Delivery of Offers L.3 .......... Site Visit (Construction) L.4 .......... Inquires/Questions L.5 .......... Type Of Contract
SECTION M -- Evaluation Factors for Award
M.1 ........ Evaluation Factors For Award
Page 5 of 21 Pages
SECTION A- SF 1442 (Solicitation/Contract Form)- The SF-1442 must be signed, and dated, and Blocks 14 through 20c must be completed. ITEM 17, Offeror is cautioned to review acceptance time stated in Item 13d prior to completing this item. Proposals offering less than specified time will cause proposal to be rejected.
SECTION B –Supplies or Services and Price Cost (See SF 1442 (block 17 for offer)
Line Item # Description Qty U/I Unit Price Total Price
0010 Repair 3 Boardwalks 1 job $ $
SECTION C-Description/Specifications/Statement of Work C.1 Statement of Work
The contractor is to supply all supervision, material, labor, transportation and equipment to repair three boardwalks as described below and replace all handrails and decking. Recycled or pressure treated lumber will be used for the decking and pressure treated lumber will be used for all hand railings, 4”x 4” posts and structural supports.
Seacamp Boardwalk
Remove and replace entire upper structure of the boardwalk to include hand railing and decking. The boardwalk is approximately 635’ x 6’. There is also a seating area at the west end that measures approximately 20’x 12’ with a fixed bench constructed of the same deck material. Tie the existing boardwalk, constructed of recycled material to the new boardwalk.
1. Maintain ADA standards for “Slope” and “Cross Slope”.
2. Raise the deck approximately 2 feet, beginning 115 feet from the west (east side of the seating area) for approximately 225 feet.
3. Remove existing stringers where deck is raised. The 2”x 8” support beams are to be left in place.
4. Install new pressure treated 2”x 8” support beams and 2”x 6” stringers in the newly raised section. Support beams are to be bolted through the existing wood piling using 1/2” carriage bolts.
5. Tie the newly raised deck back into the existing deck, maintaining a 1” in 12” or better slope to meet ADA standards.
6. Replace approximately 750 linear feet of 2”x 6”x 12 pressure treated lumber for the stringers.
7. The new hand rail design will match the existing hand railing at Dungeness boardwalk with an additional middle rail.
8. Install new 4”x 6” posts to support the hand rails at the raised section.
9. All deck boards and hand railings are to be fastened using galvanized, ring shank nails that are at least 1-1/2” inches longer than the thickness of the lumber. Nails in the deck boards will be spaced approximately 3 inches apart and at least 3/4 of an inch from the outer edge, two nails per stringer (10 nails per deck board).
10. Replace sixteen sheets of ¾” marine grade plywood at the west end of the boardwalk to prevent the sand dunes from encroaching onto the boardwalk. Sand will have to be dug from the back sides of the existing plywood, approximately 128 linear feet, to remove the existing plywood and install new ¾” sheets.
Page 6 of 21 Pages
Dungeness Marsh Boardwalk (West section)
Remove and replace entire upper structure of the boardwalk to include hand railing and decking. The boardwalk is approximately 700’ x 6’. There is also a seating area that measures approximately 32’x 15’.
There is approximately 1400 linear feet of 2”x 6” top rail, 8000 linear feet of 2”x 4” for hand rails and 1200 linear feet of 4”x 4” posts for hand railing supports.
1. Maintain ADA standards for “Slope and Cross slope”.
2. Raise the 2”x 10” support beams on the east end to maintain a level or ADA compliant walkway that extends approximately 30 linear feet onto the sand.
3. Shorten the boardwalk by approximately 20 linear feet on the east end.
4. Install 8 new 4”x 4”x 3’ (match existing height) in place of the twelve 4”x 4” posts that were removed from the hand railing.
5. Install approximately 60 linear feet of new 2”x 10” stringers and 32 linear feet of 2”x 10” support beams in this new east end.
6. Raise the 2”x 10”x 6’ support beams at approximately 12 locations to maintain a level or ADA compliant boardwalk. Reuse existing 2”x 10”x 6’ beams if in good condition.
7. Remove 2 viewing telescopes and reinstall in same locations.
8. Rebuild 2 benches to match existing material. 2”x 6” pressure treated lumber.
Dungeness Marsh Boardwalk (East Section)
Remove and replace entire upper structure of the boardwalk to include hand railing and decking. The boardwalk is approximately 850’ x 6’. There is approximately 1700 linear feet of 2”x 6” top rail, 8000 linear feet of 2”x 4” for hand rails and 1400 linear feet of 4”x 4” posts for hand railing supports.
1. Raise the last 30’ of boardwalk at the west end approximately 8 inches to allow the deck to sit on top the ground and still maintaining the ADA standard.
2. Install approximately 130 linear feet of new 2”x 10” pressure treated stringers in this new area.
Special Considerations:
• Dispose of construction debris in contractor supplied dumpster.
• Contractor will provide their own transportation to and from the island.
• Dock space for a small boat will be available on the mainland.
• The park will provide a onetime transport of one vehicle to and from the island.
• The contractor’s vehicle is only to be driven to and from the jobsite. NOWHERE ELSE!!
• Contractor will comply with all OSHA, Federal, State, and local regulations.
SECTION E -- INSPECTION AND ACCEPTANCE
E.1 52.246-12 INSPECTION OF CONSTRUCTION AUG 1996
(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all
Page 7 of 21 Pages reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not-- (1) Relieve the Contractor of responsibility for providing adequate quality control measures; (2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance; (3) Constitute or imply acceptance; or (4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may-- (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor; or (2) terminate for default the Contractor's right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.
E.2 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
Page 8 of 21 Pages
(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 result 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.
SECTION F -- DELIVERIES OR PERFORMANCE
F.1- 52.252-02 CLAUSES INCORPORATED BY REFERENCE
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://www.arnet.gov/far/
Clause Title Date 52.242-14 Suspension of Work Apr 1984 52.242-15 Stop-Work Order Aug 1989
F.2 52.211-13 TIME EXTENSIONS (Sep 2000)
Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new http://www.arnet.gov/far/
Page 9 of 21 Pages completion schedule. (End of clause)
F.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within 10 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 120 calendar days to include final cleanup of the premises.
F.4 Deliverable (Post-Award): Site Specific Safety Plan
A site specific Safety and Health Plan shall be submitted to the attention of the Contracting Officer, using the NPS Transmittal Form (CM-16), within ten days of receiving the Notice of Award. The plan shall cover on-site work to be performed by the contractor and all subcontractors. The prime contractor shall be responsible for development, implementation, and oversight of the plan. The plan shall be signed by the Contractor's safety and health manager and the site superintendent. The plan shall establish protocols necessary for recognition, evaluation, and control of hazards associated with each task performed; addressing, in as much detail as possible, anticipated tasks, their related hazards, and anticipated control measures.
Should any unforeseen hazard become evident during the performance of work, the contractor shall bring such hazard to the attention of the COR. Necessary action shall be taken to re-establish and maintain safe working conditions in order to safeguard on-site personnel, visitors, the public, and the environment.
Work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational Safety and Health Administration (OSHA) standards, 29 CFR, Part 1910 and Part 1926. Where the requirements of applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements shall apply.
F.5 Deliverables (“NTP”) means this will be explained along with the notice to proceed.
Deliverable Reference Due Deliver To All supervision, labor, materials and equipment necessary to construct all items described in contract documents.
Contract Documents NTP + 120 days CO
Proof of Liability Insurance Section I: 1452.228-70 10 days after award CO List of Subcontractors With NTP 10 days after award CO and COTR Letter Designating Project Supt With NTP 10 days after award CO Performance & Payment Bonds Section I (I.8) 10 days after award CO SF-1413 Section I: 52.222-11 & NTP 10 days after award CO Progress Schedule/Sch of Values Statement of Work (Section C) 10 days after award CO Safety/Accident Prevention Plan Section F.4 10 days after award CO and COTR Product submittals Statement of Work (Section C) Before Purchasing COTR Invoices Section G: DOI Electronic Invoicing Monthly IPP.gov & COTR Certification of Progress Payment (if requesting progress payment)
Section I: 52.232-5 As work proceeds – no more often than monthly
COTR
DI-137 Release of Claims Section I: 1452.204-70 Prior to submitting final invoice
CO
Final Invoice N/A After submitting Release of Claims
IPP and copy to
COTR
Page 10 of 21 Pages
SECTION G -- CONTRACT ADMINISTRATION DATA
G.1 1489.242.100 CONTRACT ADMINISTRATION Apr 1984
Contracting Officer's Representative(s) for this contract will be identified at time of award.
Contracting Officer responsible for administering this contract is Mary Stefanos:
Big Cypress National Preserve 33100 Tamiami Trail E Ochopee, FL 34141 Cell: (239) 340-0068 Mary_Stefanos@nps.gov
G.2 1452.201-70 AUTHORITIES AND DELEGATIONS Sep 2011
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting
Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes
Clause; (4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.
The Contractor need not proceed with direction that it considers to have been issued without proper authority.
The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
Page 11 of 21 Pages
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk. (End of clause)
G.3 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) Apr 2013
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor.
To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts.
The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: A record of deliverables submitted to COTR and on what date.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
1. Contractor’s business invoice,
2. Contractor’s signed certification required by FAR clause 52.232-5, and
3. Schedule of values for work being performed
CONTRACTOR’S FAILURE TO ATTACH THE REQUIRED DOCUMENTATION AS SPECIFIED ABOVE WILL RESULT IN
THE IPP INVOICE BEING REJECTED
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 -5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP tor submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. (End of Local Clause)
SECTION H -- Special Contract Requirements
H.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://www.arnet.gov/far/
52.236-2 Differing Site Conditions. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) http://www.ipp.gov/ mailto:ippgroup@bos.frb.org
Page 12 of 21 Pages
H.2 52.223-18- Encouraging Contractor Policies to Ban Text Messaging While Driving Aug 2011
(a) Definitions. As used in this clause—“Driving”– (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.
(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.
“Text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured In a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.
(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009.
(c) The Contractor is encouraged to—
(1) Adopt and enforce policies that ban text messaging while driving—
(i) Company-owned or -rented vehicles or Government owned vehicles; or
(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.
(2) Conduct initiatives in a manner commensurate with the size of the business, such as—
(i) Establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and
(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold. (End of clause)
H.3 52.242-17 Government Delay of Work. Apr 1984
(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.
(b) A claim under this clause shall not be allowed—
(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and
(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract. (End of clause)
H.4 1452.236-70 Prohibition Against Use of Lead-based Paint (JUL 1996)
Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts. (End of clause)
Page 13 of 21 Pages
H.5 Contractor Performance Information (DIAPR) 2010-14, Amendment 1 Contractor Performance Assessment Reporting System (JULY 2010)
(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.
(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.
(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.
(f) The following guidelines apply concerning your use of the past performance evaluation:
(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.
(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.
(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.
Page 14 of 21 Pages
(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
H.6 52.222-99 - Establishing a Minimum Wage for Contractors. (DEVIATION) (JUNE 2014)
This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.
(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.
(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.
(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.
(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).
(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.
(End of clause)
SECTION I -- CONTRACT CLAUSES
I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://www.arnet.gov/far/
Clause Title Date 1452.203-70 Restrictions on Endorsements - Department of Interior July 1996 1452.236-72 Preservation Of Historical And Archeological Data Nov 2007 1489.236-73 Archeological Findings Jan 1988
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights Apr 2014
52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) Feb 2015
Page 15 of 21 Pages
52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements
Feb 2015
52.204-04 Printed Or Copied Double-Sided On Postconsumer Fiber Content Paper May 2011 52.204-07 System for Award Management July 2013 52.209-06 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Aug 2013
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Dec 2014 52.215-08 Order of Precedence--Uniform Contract Format Oct 1997 52.219-06 Notice of Total Small Business set-Aside Nov 2011 52.219-14 Limitations On Subcontracting Nov 2011 52.219-27 Notice Of Service-Disabled Veteran-Owned Small Business Set-Aside Nov 2011 52.222-03 Convict Labor June 2003 52.222-04 Contract Work Hours and Safety Standards-Overtime Compensation May 2014 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work May 2014 52.222-06 Construction Wage Rate Requirements May 2014 52.222-07 Withholding of Funds May 2014 52.222-08 Payrolls and Basic Records May 2014 52.222-09 Apprentices and Trainees Jul 2005 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) Apr 2015 52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Construction Wage Requirements and Related Regulations May 2014 52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities Feb 1999 52.222-26 Equal Opportunity Apr 2015 52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and
Other Eligible Veterans Sep 2006
52.222-36 Equal Opportuntiy For Workers with Disabilities July 2014 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other
Eligible Veterans Sep 2006
52.222-54 Employment Eligibility Verification Aug 2013 52.222-55 Minimum Wages Under Executive Order 13658 Dec 2014 52.222-99 Establishing a Minimum Wage for Contractors (DEVIATION) Jul 2014 52.223-03 Alt I Hazardous Material Identification and Material Safety Data (Jan 1997) - Alternate I Jul 1995 52.223-05 Pollution Prevention and Right-to-Know Information May 2011 52.223-06 Drug-Free Workplace May 2001 52.223-09 Estimate of Percentage of Recovered Material Content for EPA Designated Items. May 2008 52.223-10 Waste Reduction Program May 2011 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts May 2008 52.225-09 Buy American-Construction Materials May 2014 52.225-10 Notice of Buy American Requirement - Construction Materials May 2014 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for
Construction Feb 1999
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications Dec 2012
52.227-04 Patent Indemnity-Construction Contracts Dec 2007 52.232-05 Payments under Fixed-Price Construction Contracts May 2014 52.232-16 Progress Payments Apr 2012 52.232-23 Assignment of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts May 2014 52.232-33 Payment by Electronic Funds Transfer-SAM Registsration Jul 2013 52.232-34 Payment by Electronic Funds Transfer--Other than System for Award Management Jul 2013 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52.233-01 Disputes May 2014
Page 16 of 21 Pages
52.233-03 Protest after Award Aug 1996 52.236-02 Differing Site Conditions Apr 1984 52.236-03 Site Investigation and Conditions Affecting the Work Apr 1984 52.236-05 Material and Workmanship Apr 1984 52.236-06 Superintendence by the Contractor Apr 1984 52.236-07 Permits and Responsibilities Nov 1991 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements Apr 1984 52.236-10 Operations and Storage Areas Apr 1984 52.236-11 Use and Possession Prior to Completion Apr 1984 52.236-14 Availability and Use of Utility Services Apr 1984 52.236-17 Layout of Work Apr 1984 52.236-26 Preconstruction Conference Feb 1995 52.245-2 Government Property Installation Operation Services Apr 2012 52.246-21 Warranty of Construction Mar 1994 52.249-01 Termination for Convenience of the Government (Fixed-Price) (Short Form) Apr 1984 52.249-01 Alt I Termination for Convenience of the Government (Fixed-Price) (Short Form) Apr 1984 52.249-10 Default (Fixed-Price Construction) Apr 1984 52.253-01 Computer Generated Forms Jan 1991
I.2 1452.204-70 RELEASE OF CLAIMS - DEPARTMENT OF INTERIOR JULY 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.
I.3 145.228-70- LIABILITY INSURANCE - DEPARTMENT OF INTERIOR JULY 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:
$200,000.00 each person $200,000.00 each occurrence $500,000.00 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.
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