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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)
0040207327
NPS, SER - South MABO
40001 SR 9336
Homestead FL 33034
PSS
William Vazquez
South Major Acquisiton Buying Office 40001 State Road 9336 Homestead, FL 33034
William Vazquez 305-242-7793
1x 07/01/2015
P15PS01255
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
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
07/31/2015
NSN 7540-01-155-3212
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
NPS, SER - South MABO
40001 SR 9336
Homestead FL 33034
PSS
DERYCK CRUZ
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 3
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
P15PS01255
This project involves the replacement of the
Anhinga Boardwalk, and milling and resurfacing of the Anhinga Trail.
Delivery: 01/04/2016
Delivery Location Code: 0009060297
NPS, Everglades NP
40001 State Road 9336
Homestead FL 33034-6733 US
FOB: Destination
Period of Performance: 09/01/2015 to 01/04/2016
00010 Replace Anhinga Boardwalk
00020 Repair Anhinga Trail
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
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)
0040207327
NPS, SER - South MABO
40001 SR 9336
Homestead FL 33034
PSS
William Vazquez
South Major Acquisiton Buying Office 40001 State Road 9336 Homestead, FL 33034
William Vazquez 305-242-7793
1x 07/01/2015
P15PS01255
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
This project involves the replacement of the
Anhinga Boardwalk, and milling and resurfacing of the Anhinga Trail.
Delivery: 01/04/2016
FOB: Destination
Period of Performance: 09/01/2015 to 01/04/2016
00010 Replace Anhinga Boardwalk
00020 Repair Anhinga Trail
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
07/31/2015
NSN 7540-01-155-3212
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
NPS, SER - South MABO
40001 SR 9336
Homestead FL 33034
PSS
DERYCK CRUZ
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
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
................Work and Schedule Considerations SECTION D-Packaging and Marking
................Postage and Markings SECTION E -- Inspection and Acceptance
.............. Inspection of Construction ................Warranty of Construction
SECTION F -- Deliveries or Performance .............. ........Clauses by Reference .............. ........Time Extensions ......................... Commencement, Prosecution, and Completion of Work ........................ Suspension of Work
SECTION G -- Contract Administration Data .............. .......Contract Administration .............. .......Authorities & Delegations (subcontracting & Site Administration) .............. .......Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)
SECTION H -- Special Contract Requirements .............. EO – Prohibition of Text Messaging while Driving .............. Special Terms and Conditions ................Progress Meetings ................Operation of Facility During Construction ................Contractor Employees ................Contractor Performance Information (DIAPR) 2010-14, Amendment 3 Contractor Performance
Assessment Reporting System ................EO - Establishing a Minimum Wage for Contractors (DEVIATION) (JUNE 2014)
PART II – CONTRACT CLAUSES
SECTION I -- Contract Clauses
.............. Clauses By Reference .............. Release of Claims - Department of Interior .............. Liability Insurance - Department of Interior .............. System for Award Management .............. Accident Prevention .............. Specifications and Drawings for Construction .............. Warranty ................Value Engineering – Construction
PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J – List of Attachments
........................ Site Visit Information (Atch 1) ........................ Wage Determination (Atch 2)
PART IV – REPRESENTATIONS AND INSTRUCTIONS
Section K - Representations, Certifications, and Other Statements of Offerors
................Representations, Certifications
SECTION L -- Instructions, Conditions and Notices to Bidders
................Solicitation Provision Incorporated by Reference
................Instruction to Offerors
................Site Visit (Construction)
SECTION M -- Evaluation Factors for Award
................Evaluation Factors For Award
Section A: Solicitation/Contract Form
NOTICE TO PROSPECTIVE OFFEROR’S
SUBMISSION OF DOCUMENTS: Your offer must include the following Sections and Forms:
SF-1442, SOLICITATION, OFFER AND AWARD. PLEASE NOTE: The SF-1442 must be signed, and dated, and Blocks 14 through 20c must be completed.
SF-1442, 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, Price Schedule
SECTION K, REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
The proposal due date July 31th, 2015 at 4:00 PM (Eastern Time).
SUBMITTING AN OFFER TO THE FOLLOWING ADDRESS:
William Vazquez Contract Specialist National Park Service South Major Acquisition Buying Office 40001 State Road 9336 Homestead, FL 33034 Courtesy copy by email: William_vazquez@nps.gov
Note:
All questions regarding this solicitation must be submitted in writing to the Contracting Officer. Questions must be submitted July 20th, 2015 at 4:00 PM (Eastern Time). Questions submitted after this time may NOT be considered.
There will be a site visit on Tuesday, July 14th, 2015 at 9:00 AM (Eastern Time).
mailto:William_vazquez@nps.gov
Section B – Price Schedule
SITE LOCATION: Anhinga Boardwalk and Trail at Royal Palm District, in Everglades National Park, 40001 State Road 9336, Homestead, FL 33034
PROJECT TITLE: Rehabilitation of the Anhinga Boardwalk and Trail
Notice: Offerors are required to submit, at a minimum, a priced offer that conforms to the solicitation documents for the total cost of the project. The government is seeking proposals with for the following two (2) performance options:
1) Perform allowing visitors to use the trail and boardwalk during the project, and
2) Perform with a total closure of the site, not allowing visitors to access the trail/boardwalk during construction.
Both options will be evaluated independently, and the Government will determine the best course of action based on the risks involved and the starting of the visitor’s high season at the site.
PERFORMANCE/PAYMENT BONDS – Successful offeror will be required to furnish Performance and Payment bonds on Standard Forms 25 and 25A based on total contract amounts within the following ranges: 100 percent performance bond, 100 percent payment bond. Offerors are now advised that the Government will inspect, accept and take possession of completed work and release the bonding upon completion/acceptance of the work in accordance with FAR 28.203-5.
Section C – Specifications/Drawings
WORK AND SCHEDULE CONSIDERATIONS
A. Sheet 2 of the Project Drawings shows the entire site, including the parking lot and staging area. Designated construction Areas 1 through 4 are delineated on Sheet 2, and phasing of work in those areas is described below.
B. The visitor center, public restrooms, parking area, and Gumbo Limbo Trail shall remain open to the public for the duration of the project.
C. The road crossing between the designated staging area in the parking lot and the trail crossing at the east end of the Gumbo Limbo trail shall remain open to traffic (vehicle and/or pedestrian) except for short closures when materials or equipment must cross from the staging area to the work area. A flag man shall be used to stop traffic at the crossing, when necessary, and to protect/warn pedestrians along Anhinga trail when transporting materials to or from the boardwalk. The parking lot curb shall be protected from damage when transporting materials
D. During the solicitation process, contractors shall provide proposals to accomplish the work under two different scenarios: 1) Allowing visitors use of the trail and boardwalk during the project, and 2) Not Allowing visitors’ use of the trail and boardwalk during the project. The time allowed, and target times estimated, are described below.
Contractor proposals should include proposed times to accomplish each portion of the project.
E. Under Scenario #1 (allowing visitors), Construction Area 1 shall be completed first, before work begins on Construction Area 2. Under Scenario #2 (no visitors), the order of work on the boardwalk may be proposed by the contractor for consideration by the government, with no required order of accomplishment. The target time for accomplishment of work in Area 1 under Scenario #1 is 90 calendar days, and under Scenario #2 is 60 calendar days. The contractor’s proposal may vary from the target durations, and should be so described in proposals for consideration.
F. No work on the asphalt trail (Construction Area 3) may begin until all work in Construction Areas 1 and 2 is completed. Visitors will NOT be allowed access to the trail during this portion of the project, regardless of Scenario followed. Construction Area 3 work should be completed within a maximum of 14 calendars day from starting.
G. Area 4 (adjacent to the Visitor Center) shall be the final area of work, after Construction Area 3 is completed.
This area shall be completed within 5 calendar days of starting.
Section D – Packaging and Marking
D.1 Payment of Postage and Fees
All postage and fees related to submitting information forms, reports, etc., to the CO or the COR shall be paid by the contractor.
D.2 Marking
All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.
Section E - Inspection and Acceptance
E.1 FAR 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 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 MARCH 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 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 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
- APRIL 1984
The Contractor shall be required to (a) commence work under this contract within ten (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. The time stated for completion shall include final cleanup of the premises.
F.2 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION – SEPT 2000
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $699.21 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
F.3 52.211-13 TIME EXTENSIONS – SEPT 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 completion schedule.
F.5 52.242-14 SUSPENSION OF WORK - APRIL 1984
(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.
(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly.
However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.
(c) 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 (but this requirement shall not apply as to a claim resulting from a suspension order); and
(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
Section G – Contract Administration Data
G. 1 Contracting Officer’s Representative(s):
William Shelley Everglades and Dry Tortugas National Parks 40001 State Road 9336
(305) 242-7748
G.2 Administrative Contracting Officer:
William Vazquez South Major Acquisition Buying Office 40001 State Road 9336
(305) 242-7793
G.3 TECHNICAL DIRECTION
The performance of the work required herein shall be subject to the technical direction and surveillance of the COR or his designee. As used herein, "technical direction" is direction to the Contractor which requires pursuit of certain lines of inquiry, filing in details or otherwise serving to accomplish the contract specifications. The technical direction, to be valid:
a) Must be issued in writing consistent with the general scope of the work set forth in the contract;
b) May not constitute a new assignment of work changes to the expressed terms, conditions, or specifications incorporated into this contract;
c) Shall not constitute a basis for extension of the contract delivery schedule.
Nothing contained in this part authorizes the Contractor to incur costs in excess of the contract price or other limitation of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor: 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.
G.4 CORRESPONDENCE
Any correspondence initiated by the Contractor shall include the Contract Number and shall be addressed to the CO (original and one copy) at the address provided in the clause entitled "Contractor Administration".
G.5 CONTRACT PAYMENTS
The Contractor shall submit invoices in two copies monthly to the Contracting Officer for the percentage of work completed. Contractor and COR at the site must agree on the percentage of work completed at the end of each month. The COR must sign this invoice or it will be returned to the Contractor and will delay payment. A correctly signed invoice is reviewed by the COR and returns the payment request to the CO who approves and processes for payment.
Payments are authorized by Clause 52.235-5, which requires that the Contractor certify with each payment request that he has paid or will pay with the proceeds of the payment his employees and subcontractors.
G.6 JOB SITE ADMINISTRATION
The Government will designate a Project Inspector (PI) who will be available at the site to inspect the work as it progresses. The PI will prepare an Inspector's Daily Log, detailing ground and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties. At the end of every day of work on this contract, the Contractor's Superintendent, as defined below, shall contact the PI, review the daily log, and sign as the Contractor's Representative. Unless the Contractor's Superintendent makes notations to the contrary on a daily log, then the log shall be presumed to be accurate. The PI is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor's Superintendent must contact the COR regarding such decisions and directions.
The Contractor shall have a competent superintendent (hereinafter referred to as the "Contractor's Superintendent") who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor's behalf; and (iii) to be present on the job site at all times when contract work is being performed.
G.7 SUBCONTRACTING
The Prime Contractor shall complete a Standard Form (SF1413) for each subcontractor and submit the form to the Contracting Officer at the Pre-Construction meeting. No subcontractor shall be allowed on the site without an executed SF 1413. The Prime shall be held responsible for ensuring that his/hers subcontractor's DO NOT subcontract any portion of this work. The Prime Contractor is responsible to ensure that all subcontractors carry sufficient insurance in accordance with this contract.
G.8 DOI ELECTRONIC INVOICING
Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) APRIL 2011
Beginning May 1, 2011, payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP). Payment terms for existing contracts and orders awarded prior to May 1 remain the same. The Contractor must use IPP for contracts and orders awarded May 1 and later, and must use the non-IPP invoicing process for those contracts and orders awarded prior to May 1.
Copy of the Vendor’s Commercial Invoice
Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 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:
The contractor must submit to the CO and the COR the payroll for the general contractor and any applicable sub-contractors and an updated schedule.
https://www.ipp.gov/
The contractor must us 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 instruction 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 for submitting invoices for payment the Contractor must submit a waiver request in writing to the Contracting Office with its proposal or quotation.
mailto:ippgroup@bos.frb.org
Section H – Special Contract Requirements
H.1 Executive Order 13513 - 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.2 SPECIAL TERMS AND CONDITIONS
In accordance with FAR 52.236-14, Availability and Use of Utility Services, the following utility services will be made available under this contract: Electricity, Water
H.3 GENERIC GENDER TERMINOLOGY
Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as "it" or "their".
H.4 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.5 PROGRESS MEETINGS
a) The Contractor shall be available to meet with the CO or his/her representative at the job site during construction to discuss work progress.
b) Meetings will be scheduled by the CO with timely notification to the Contractor.
c) At the progress meetings, the Contractor shall give oral reports of the progress on the project to the
CO. If the work is behind schedule, the Contractor shall be prepared to (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule;
or, if necessary (iii) to propose a revised work schedule.
H.6 OPERATION OF FACILITY DURING CONSTRUCTION
Construction activities must not interrupt the function and day-to-day operations of the facility during construction. Note: Refer to the SOW for special considerations.
The contractor must coordinate with the Project Inspector for any temporary measures. All temporary measures employed shall be at the Contractor's expense and shall be removed upon completion of the contract.
H.7 WORK HOURS
Normal work hours are from 7:30 a.m. through 4:00 p.m., Monday through Friday. Contractor will not be permitted to work at the job site on Saturday, Sunday or legal holidays unless otherwise authorized by the
CO.
H.8 USE OF PREMISES
(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Government land or lands administered by the Government, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.
(b) Unless provided otherwise, the Contractor shall provide and maintain sanitation facilities for the workforce at the site. Solid waste shall be disposed of in accordance with applicable Federal, State, and local regulations.
H.9 MAXIMUM WORK WEEK
The maximum workweek that will be approved is 40 hours. The Contractor's proposed hours of work are to include daily starting and stopping times.
H.10 SAMPLES AND CERTIFICATES
When required by the specifications or the contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall both be used in the work until approved in writing by the Contracting Officer.
H.11 EXCAVATION AND UTILITY CLEARANCES
The Chief of Maintenance, for each park, shall ensure that the Contractor is provided with necessary excavation and utility clearances. The Contractor shall request such clearances and staking in writing to the Contracting Officer no less than ten (10) calendar days prior to the date which he/she anticipates commencement of work. The Contractor will not proceed with excavation of any kind until such clearances have been issued. Clearances will be valid from the date of issue or completion of, or otherwise directed by the issuing authority.
H.12 DISPOSAL
Debris, rubbish, and non-usable material resulting from under this contract shall be disposed in a manner that meets federal, state and local laws.
H.13 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.14 PERMITS
The contractor shall, without additional expense to the government, obtain all appointments, licenses, and permits required to perform work under this contract. The Contractor shall comply with federal, state and local laws. Evidence of such permits and licenses shall be provided to the Contracting Officer before work commences, or as requested.
H.15 QUALITY OF WORK
Workmanship shall be of the highest quality and best practices of the trade. Contractor shall conform to all requirements of the state and county code, ANSI A 10.6 and applicable codes of the National Fires Protection Association. All replacement materials shall conform to the manufacturer specifications and standards. Substitute items shall be equal to or better that the original material and must be approved by the Government.
H.16 COMPLETION OF WORK
The time stated for completion of the project includes all materiel procurement, payroll records, corrections of all discrepancies (Punch List Items), and final clean up on premises as stated in the clause "Commencement, Prosecution and Completion of Work", FAR 52.211-10 (APR 1984) Section F.
H.17 MATERIAL APPROVAL SUBMITTALS
The submittals contemplated by the clause herein entitles "Materials and Workmanship", FAR 52.236-5 (APR 1984), Section I, shall be submitted to the Contracting Officer through the COR in five (5) copies.
The Denver Service Center Form (DSC-1) entitled "Transmittal USDI, National Park Service", shall be used. Contractor shall re-submit any disapproved submittals within seven (7) calendar days of disapproval.
H.18 CONTRACTOR PERFORMANCE INFO (DIAPR) 2010-14, Amendment 3 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.
(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.19 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS - 52.222-99 (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.
SECTION I – CONTRACT CLAUSES
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…
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