Revised_terms_and_conditions_5-29-2015.pdf

TABLE OF CONTENT

Section B – Proposal Pricing Section C - Description/Specifications Remove and dispose of lead-based paint from the east elevation of the White Pass Administration Building (1900) in

Klondike Gold Rush National Historical Park in Skagway, Alaska Section D – Packaging and Marking Section E - Inspection and Acceptance 52.246-12 -- Inspection of Construction. Inspection of Construction (Aug. 1996) Addendum to 52.246-12, Interim and Final Inspections Section F - Deliveries or Performance 52.211-10 Commencement, Prosecution, and Completion or Work April 1984 52.242-14 Suspension of Work April 1984 Section G - Contract Administration Data DIAR 1452.201-7 Authorities and Delegations (SEP 2011) Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

CONTRACT MANAGEMENT:

Section H - Special Contract Requirements

GREEN PROCUREMENT:

52.223-2 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep

2013) 52.223-17 - Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (May

2008) Section I - Contract Clauses

52.252-02 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

52.202-01 Definitions. (NOV 2013) 52.204-07 System for Award Management (Jul 2013) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards July 2013 52.204-13 System for Award Management Maintenance (Jul 2013) 52.209-06 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment August 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) 52.222-01 Notice to the Government of Labor Disputes February 1997 52.222-03 Convict Labor June 2003 52.222-06 Davis-Bacon Act 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 July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Davis-Bacon and Related Act Regulations February 1988 52.222-14 Disputes Concerning Labor Standards February 1988 52.222-15 Certification of Eligibility May 2014 52.222-19 Child Labor- Cooperation with Authorities and Remedies January 2014 52.222-21 Prohibition of Segregated Facilities. (Apr 2015) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-26 Equal Opportunity. (Apr 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. (Apr 2015) 52.222-33 Notice of Requirement for Project Labor Agreement May 2010 52.222-34 Project Labor Agreement May 2010 52.222-35 Equal Opportunity for Veterans. (Jul 2014) 52.222-36 Equal Opportunity for Workers with Disabilities. (Jul 2014) 52.222-37 Employment Reports on Veterans. (Jul 2014) 52.222-50 Combating Trafficking in Persons. (Mar 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2014) 52.223-03 Hazardous Material Identification and Material Safety Data (Jan 1997)

52.223-05 Pollution Prevention and Right-to-Know Information May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving August 2011 52.223-19 Compliance with Environmental Management Systems. (May 2011) 52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.227-1 Authorization and Consent. (Dec 2007) 52.227-4 Patent Indemnity-Construction Contracts. (Dec 2007) 52.228-1 Bid Guarantee. (Sept 1996) 52.228-02 Additional Bond Security October 1997 52.228-11 Pledges of Assets January 2012 52.228-12 Prospective Subcontractor Requests for Bonds. Prospective Subcontractor Requests for Bonds

(May 2014) 52.228-14 Irrevocable Letter of Credit. (Nov 2014) 52.230-02 Cost Accounting Standards May 2014 52.230-03 Disclosure and Consistency of Cost Accounting Practices May 2014 52.230-06 Administration of Cost Accounting Standards June 2010 52.232-05 Payments under Fixed-Price Construction Contracts May 2014 52.232-16 Progress Payments (APR 2012) 52.232-16 Progress Payments Alternate I (MAR 2000) 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 Registration July 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 52.233-03 Protest After Award August 1996 52.233-04 Applicable Law for Breach of Contract Claim October 2004 52.236-02 Differing Site Conditions April 1984 52.236-03 Site Investigation and Conditions Affecting the Work April 1984 52.236-05 Material and Workmanship April 1984 52.236-06 Superintendence by the Contractor April 1984 52.236-07 Permits and Responsibilities November 1991 52.236-08 Other Contracts April 1984 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13 Accident Prevention November 1991 52.236-17 Layout of Work April 1984 52.236-21 Specifications and Drawings for Construction. (Feb 1997) 52.236-26 Preconstruction Conference February 1995 52.243-04 Changes (Jun 2007) 52.244-6 Subcontracts for Commercial Items. (Apr 2015) 52.246-21 Warranty of Construction March 1994 52.248-03 Value Engineering-Construction October 2010 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) Alt 1 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

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

Agreements (DEVIATION 2015-02) 52.249-10 Default (Fixed-Price Construction) April 1984 DIAR 1452.203-70 -- Restrictions on Endorsements DIAR 1452.204-70 -- Release of Claims DIAR 1452.228-70 - Liability Insurance—Department of the Interior (JUL 1996) 52.225-9 -- Buy American–Construction Materials. Buy American–Construction Materials (May 2014) 52.228-13 -- Alternative Payment Protections (Jul 2000)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Section K - Representations, Certifications, and Other Statements of Bidders

52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

52.204-17 Ownership or Control of Offeror. (Nov 2014) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. (Dec 2014) 52.222-38 Compliance with Veterans’ Employment Reporting Requirements. (Sep 2010) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran-Representation and Certifications. (DEC 2012) 52.203-2 Certificate of Independent Price Determination. (Apr 1985) 52.204-3 Taxpayer Identification. (Oct 1998) 52.204-8 -- Annual Representations and Certifications. Annual Representations and Certifications (May

2014) 52.219-1 Small Business Program Representations. (Oct 2014)

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS - FEBRUARY 1999

52.222-23 -- Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for

Construction (Feb 1999) 52.225-10 -- Notice of Buy American Requirement—Construction Materials. Notice of Buy American

Requirement--Construction Materials (May 2014) Section L - Instructions, Conditions, and Notices to Bidders 52.215-1 Instructions to Offerors-Competitive Acquisition (Jan 2004) Addendum to 52.215-1, Offeror Instructions DIAR 1452.215-71 Use and Disclosure of Proposal Information - Department of the Interior (APR 1984)

52.216-01 TYPE OF CONTRACT APRIL 1984

52. 222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014) 52.236-28 Preparation of Proposals – Construction (OCT 1997) Section M - Evaluation Factors for Award

Section B – Proposal Pricing

SCHEDULE B

BID SCHEDULE

Line Item 00010: Remove and dispose of lead-based paint from the east elevation of the White Pass Administration

Building (1900) in Klondike Gold Rush National Historical Park in Skagway, Alaska.

The Work includes all labor, equipment, materials and disposal to remove lead-based paint from approximately

2,200 square feet of painted exterior surfaces down to the wood substrate.

Proposal Price Total $ _____________________________________________

NOTE: The offeror is reminded that their proposals must be submitted in legible form, with an itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc.

The contractor must furnish an itemized breakdown as described above. Contractor shall refer to the Bid

Schedule found under SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS.

Section C - Description/Specifications

Project work consists of:

Remove and dispose of lead-based paint from the east elevation of the White Pass Administration Building (1900) in

Klondike Gold Rush National Historical Park in Skagway, Alaska.

Section D – Packaging and Marking

N/A

Section E - Inspection and Acceptance

52.246-12 -- Inspection of Construction. 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 reinspection 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.

(End of Clause)

Addendum to 52.246-12, Interim and Final Inspections

1. Prior to covering, enclosing, or hiding any of type work, the Contractor may contact the Government representative to perform an interim inspection. Failure to contact the Government representative perform an interim inspection prior to concealment may result in the Contractor being required to uncover performed work sufficiently to allow for proper inspection.

2. When ready for final inspection, the Contractor shall notify the CO and COR, requesting a final inspection in writing to the CO. The final inspection shall normally be requested a minimum of three (3) calendar days before the desired date or as otherwise negotiated with the Contracting Officer.

5. The final inspection will be onsite with the Contractor, the Contracting Officer’s Representative, and Contract

Specialist/Contracting Officer (when possible).

(End of Addendum)

Section F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion or Work April 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 100 days. The time stated for completion shall include final cleanup of the premises.

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

Amanda Jordan

Contracting Officer

National Park Service

240 West 5th Ave

Anchorage, AK 99501

Room 535

Telephone No. (907) 644-3311

Fax No. (907) 644-3802

Email: Amanda_jordan@nps.gov

DIAR 1452.201-7 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.

The COR for this contract will be:

(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.

(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 Local Clause)

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:

1. Copy of vendor invoice document in PDF format, which shows pricing breakdown for all line items.

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 IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

CONTRACT MANAGEMENT:

(a) The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.

(b) Contractual problems, of any nature, which might occur during the life of the contract, must be handled in conformance with very specific public laws and regulations (e.g., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.

(c) Any request for contract changes/modifications shall be submitted to the CO.

(d) The contractor and the Government may agree to perform a no-cost field change. Field changes are made when the change appears to be mutually beneficial to all parties and would not require changing the negotiated line items. An example of a field change is: rerouting planned location of a sidewalk to avoid a tree

(when quantities are not changed). All field changes must be approved by the CO prior to execution.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

(e) All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretation, shall be submitted to the CO.

KEY PERSONNEL:

(a) The Contractor shall assign to this contract the following key personnel:

Site Superintendent/Project Manager

(b) During the first 15 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the

Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 15-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer as least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replace. The Contracting

Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions.

FINAL PAYMENT

Final payment will be made only after receipt of all payrolls to include subcontractors, SF 1413 Statement of

Acknowledgement for each subcontractor, project schedule, updated progress reports, material submittals, test reports, as-built drawings, and release of claims. Contractor must provide a signed copy of the 'Release of Claims' to the Contract Administrator upon submittal of final invoice.

UTILITIES CONSERVATION

The contractor will be required to participate in government energy conservation programs. For the purpose of this contract, utilities such as water, electricity, etc., will be furnished by the government at no cost to the contractor.

Long distance and Defense Switched Network (DSN) telephone services will not be provided.

OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) INSPECTIONS

The contractor shall be subject to no notice inspections under OCCUPATIONAL SAFETY AND HEALTH ACT

(OSHA) program by inspectors of the Department of Labor.

FEDERAL RECOGNIZED LEGAL HOLIDAYS

The following legal holidays are observed by the National Park Service:

New Year Day 1 January

Martin Luther King Birthday 3rd Monday in January

Presidents Day 3rd Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veterans Day 11 November

Thanksgiving Day 4th Thursday in November

Christmas 25 December

Note: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holiday falling on

Sunday will be observed on the following Monday.

Section H - Special Contract Requirements

GREEN PROCUREMENT:

To the extent that the construction services provided by the Contractor require provision of any of the types of products listed at https://sftool.gov/greenprocurement, the Contractor is expected to provide the green type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards.

CLAUSES INCORPORATED BY FULL TEXT

52.223-2 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep

2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United

States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR

3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov .

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous

Government fiscal year, between October 1 and September 30; and

(2) Submit this report not later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

52.223-17 - Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (May

2008)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— https://sftool.gov/greenprocurement http://www.biopreferred.gov/ http://www.sam.gov/

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/ . The list of EPA-designate items is available at http://www.epa.gov/cpg/products.htm .

(End of clause)

Section I - Contract Clauses

52.252-02 CLAUSES INCORPORATED BY REFERENCE FEBRUARY 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/

OR

http://farsite.hill.af.mil

52.202-01 Definitions. (NOV 2013)

52.204-07 System for Award Management (Jul 2013)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards July 2013

52.204-13 System for Award Management Maintenance (Jul 2013)

52.209-06 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment August 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)

52.222-01 Notice to the Government of Labor Disputes February 1997

52.222-03 Convict Labor June 2003

52.222-06 Davis-Bacon Act 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 July 2005

52.222-10 Compliance with Copeland Act Requirements February 1988

52.222-11 Subcontracts (Labor Standards) May 2014

52.222-12 Contract Termination-Debarment May 2014

52.222-13 Compliance with Davis-Bacon and Related Act Regulations February 1988

52.222-14 Disputes Concerning Labor Standards February 1988

52.222-15 Certification of Eligibility May 2014

52.222-19 Child Labor- Cooperation with Authorities and Remedies January 2014

52.222-21 Prohibition of Segregated Facilities. (Apr 2015)

52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

52.222-26 Equal Opportunity. (Apr 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction. (Apr 2015)

52.222-33 Notice of Requirement for Project Labor Agreement May 2010

52.222-34 Project Labor Agreement May 2010

52.222-35 Equal Opportunity for Veterans. (Jul 2014)

52.222-36 Equal Opportunity for Workers with Disabilities. (Jul 2014)

52.222-37 Employment Reports on Veterans. (Jul 2014)

52.222-50 Combating Trafficking in Persons. (Mar 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2014)

52.223-03 Hazardous Material Identification and Material Safety Data (Jan 1997) http://www.epa.gov/cpg/ http://www.epa.gov/cpg/products.htm http://farsite.hill.af.mil/

52.223-05 Pollution Prevention and Right-to-Know Information May 2011

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving August 2011

52.223-19 Compliance with Environmental Management Systems. (May 2011)

52.225-13 Restrictions on Certain Foreign Purchases June 2008

52.227-1 Authorization and Consent. (Dec 2007)

52.227-4 Patent Indemnity-Construction Contracts. (Dec 2007)

52.228-1 Bid Guarantee. (Sept 1996)

52.228-02 Additional Bond Security October 1997

52.228-11 Pledges of Assets January 2012

52.228-12 Prospective Subcontractor Requests for Bonds. Prospective Subcontractor Requests for Bonds

(May 2014)

52.228-14 Irrevocable Letter of Credit. (Nov 2014)

52.230-02 Cost Accounting Standards May 2014

52.230-03 Disclosure and Consistency of Cost Accounting Practices May 2014

52.230-06 Administration of Cost Accounting Standards June 2010

52.232-05 Payments under Fixed-Price Construction Contracts May 2014

52.232-16 Progress Payments (APR 2012)

52.232-16 Progress Payments Alternate I (MAR 2000)

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 Registration July 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

52.233-03 Protest After Award August 1996

52.233-04 Applicable Law for Breach of Contract Claim October 2004

52.236-02 Differing Site Conditions April 1984

52.236-03 Site Investigation and Conditions Affecting the Work April 1984

52.236-05 Material and Workmanship April 1984

52.236-06 Superintendence by the Contractor April 1984

52.236-07 Permits and Responsibilities November 1991

52.236-08 Other Contracts April 1984

52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984

52.236-10 Operations and Storage Areas April 1984

52.236-11 Use and Possession Prior to Completion April 1984

52.236-12 Cleaning Up April 1984

52.236-13 Accident Prevention November 1991

52.236-17 Layout of Work April 1984

52.236-21 Specifications and Drawings for Construction. (Feb 1997)

52.236-26 Preconstruction Conference February 1995

52.243-04 Changes (Jun 2007)

52.244-6 Subcontracts for Commercial Items. (Apr 2015)

52.246-21 Warranty of Construction March 1994

52.248-03 Value Engineering-Construction October 2010

52.249-2 Termination for Convenience of the Government (Fixed-Price).

(Apr 2012) Alt 1

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements—Representation (DEVIATION 2015-02)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution

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

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form

312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

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

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements (DEVIATION 2015-02)

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

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

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form

312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

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

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

52.249-10 Default (Fixed-Price Construction) April 1984

CLAUSES INCORPORATED BY FULL TEXT

DIAR 1452.203-70 -- Restrictions on Endorsements.

Restriction on Endorsements—Department of the Interior (JUL 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The

Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

(End of clause)

DIAR 1452.204-70 -- Release of Claims.

Release of Claims—Department of the Interior (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

DIAR 1452.228-70 - Liability Insurance—Department of the Interior (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the

Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of

America. The amounts of the insurance shall be not less than as follows:

$200,000.00 each person

$500,000.00 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. The certificate shall identify the contract number, the name and address of the

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

52.225-9 -- Buy American–Construction Materials. Buy American–Construction Materials (May 2014)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy

American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The

Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph

(b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting

Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.228-13 -- Alternative Payment Protections (Jul 2000)

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

A Payment Bond

An Irrevocable Letter of Credit (ILC)

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

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

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

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the

Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

(All listed attachments are at the end of this document)

Document Type Description Pages Date Attachment 1 Specifications & Statement of Work 9 N/A

Attachment 2 Drawings 1 N/A

Attachment 3 Wage Determination 11 N/A

Attachment 4 Terms and Conditions 27 N/A

Attachment 5 Past Performance Questionnaire 2 N/A

Attachment 6 SF 25A - Payment Bond 2 N/A

***Section K and L will be physically removed from the resultant contract, but will be deemed to be incorporated by reference in the awarded contract***

Section K - Representations, Certifications, and Other Statements of Bidders

52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

OR

http://farsite.hill.af.mil

52.204-17 Ownership or Control of Offeror. (Nov 2014)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. (Dec 2014)

52.222-38 Compliance with Veterans’ Employment Reporting Requirements. (Sep 2010)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran-Representation and Certifications. (DEC 2012)

PROVISIONS INCORPORATED BY FULL TEXT

52.203-2 Certificate of Independent Price Determination. (Apr 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the…