P16PS00702_PEVI_201919A_RFP.pdf

P16PS00702 PEVI – 201919A

REQUEST FOR PROPOSAL

Solicitation Number – P16PS00702

Repointing of the Memorial Column

In Support of:

Perry’s Victory and International Peace Memorial

Put‐In‐Bay, South Bass Island, OH Ottawa County

Issued to:

All Small Business Contractors

Under NAICS Code 238140

Issued by:

National Park Service Denver Service Center

Contracting Services Division 12795 W. Alameda Pkwy Lakewood, CO 80228

June 2016

Solicitation

Document No. Document Title Page

2 of 158 P16PS00702 PEVI – 201919A – Repointing of the Memorial Column

TABLE OF CONTENTS

Section Description Page

A Solicitation/Contract Form 7

B Supplies/Services and Prices 10

C Descriptions/Specifications/Statement of Work 12

D Packaging and Marking 13

E Inspection and Acceptance 14

52.246‐12 ‐ Inspection of Construction

F Deliveries or Performance 15

52.211‐10 ‐ Commencement, Prosecution, and Completion of Work ‐ ALT I

52.211‐12 ‐ Liquidated Damages—Construction

52.211‐13 ‐ Time Extensions

52.211‐18 ‐ Variation in Estimated Quantity

G Contract Administration Data 16

G.1 Correspondence

G.2 Contracting Officer

G.3 Contract Specialist

G.4 Program Manager

G.5 Project Specialist/Contracting Officer's Representative

G.6 Clauses/Provisions

1452.201‐70 ‐ Authorities and Delegations

1452.204‐70 ‐ Release of Claims ‐ Department of the Interior

Notice to Contractors: Contractor Performance Assessment Reporting System

Attachment A ‐ Mandatory Clause: Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP)

H Special Contract Requirements 20

1452.203‐70 ‐ Restriction on Endorsements ‐ Department of the Interior

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

Special Clause 1: Key Personnel

Special Clause 2: Liability Insurance Requirements

I Contract Clauses 23

52.202‐1 ‐ Definitions

52.203‐3 ‐ Gratuities

52.203‐5 ‐ Covenant Against Contingent Fees

52.203‐7 ‐ Anti‐Kickback Procedures

52.203‐8 ‐ Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

52.203‐10 ‐ Price or Fee Adjustment for Illegal or Improper Activity

52.203‐12 ‐ Limitation on Payments to Influence Certain Federal Transactions

52.203‐13 ‐ Contractor Code of Business Ethics and Conduct

52.203‐14 ‐ Display of Hotline Poster(s)

52.203‐17 ‐ Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights.

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52.203‐99 ‐ Prohibition of Contracting with Entities that Require Certain Internal Confidentiality Agreements

52.204‐4 ‐ Printed or Copied Double‐Sided on Postconsumer Fiber Content Paper

52.204‐9 ‐ Personal Identity Verification of Contractor Personnel

52.204‐10 ‐ Reporting Executive Compensation and First‐Tier Subcontract Awards

52.204‐13 ‐ System for Award Management Maintenance

52.204‐14 ‐ Service Contract Reporting Requirements

52.209‐6 ‐ Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209‐9 ‐ Updates of Publicly Available Information Regarding Responsibility Matters

52.209‐10 ‐ Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

52.215‐2 ‐ Audit and Records—Negotiation

52.215‐8 ‐ Order of Precedence—Uniform Contract Format

52.215‐10 ‐ Price Reduction for Defective Certified Cost or Pricing Data

52.215‐11 ‐ Price Reduction for Defective Certified Cost or Pricing Data ‐ Modifications

52.215‐12 ‐ Subcontractor Certified Cost or Pricing Data

52‐215‐13 ‐ Subcontractor Certified Cost or Pricing Data ‐ Modifications

52.215‐15 ‐ Pension Adjustments and Asset Reversions

52.215‐17 ‐ Waiver of Facilities Capital Cost of Money

52.215‐18 ‐ Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions

52.215‐19 ‐ Notification of Ownership Changes

52.215‐21 ‐ Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications ‐ Alternate III

52‐215‐23 ‐ Limitations on Pass‐Through Charges

52.217‐7 ‐ Option for Increased Quantity ‐‐ Separately Priced Line Item

52.219‐6 ‐ Notice of Total Small Business Set‐Aside

52.219‐8 ‐ Utilization of Small Business Concerns

52.219‐14 ‐ Limitations on Subcontracting

52.219‐28 ‐ Post‐Award Small Business Program Re‐representation

52.222‐3 ‐ Convict Labor

52.222‐4 ‐ Contract Work Hours and Safety Standards—Overtime Compensation

52.222‐6 ‐ Construction Wage Rate Requirements

52.222‐7 ‐ Withholding of Funds

52.222‐8 ‐ Payrolls and Basic Records

52.222‐9 ‐ Apprentices and Trainees

52.222‐10 ‐ Compliance with Copeland Act Requirements

52.222‐11 ‐ Subcontracts (Labor Standards)

52.222‐12 ‐ Contract Termination—Debarment

52.222‐13 ‐ Compliance with Construction Wage Rate Requirements and Related Regulations

52.222‐14 ‐ Disputes Concerning Labor Standards

52.222‐15 ‐ Certification of Eligibility

52.222‐21 ‐ Prohibition of Segregated Facilities

52.222‐26 ‐ Equal Opportunity

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52.222‐27 ‐ Affirmative Action Compliance Requirements for Construction

52.222‐35 ‐ Equal Opportunity for Veterans

52.222‐36 ‐ Equal Opportunity for Workers with Disabilities

52.222‐37 ‐ Employment Reports on Veterans

52.222‐40 ‐ Notification of Employee Rights Under the National Labor Relations Act

52.222‐50 ‐ Combating Trafficking in Persons

52.222‐54 ‐ Employment Eligibility Verification

52‐222‐55 ‐ Minimum Wages Under Executive Order 13658

52.223‐2 ‐ Affirmative Procurement of Biobased Products Under Service and Construction Contracts

52.223‐3 ‐ Hazardous Material Identification and Material Safety Data—Alternate I

52.223‐5 ‐ Pollution Prevention and Right‐to‐Know Information

52.223‐6 ‐ Drug‐Free Workplace

52.223‐15 ‐ Energy Efficiency in Energy‐Consuming Products

52.223‐17 ‐ Affirmative Procurement of EPA‐designated Items in Service and Construction Contracts

52.223‐18 ‐ Encouraging Contractor Policies to Ban Text Messaging While Driving

52.224‐1 ‐ Privacy Act Notification

52.224‐2 ‐ Privacy Act

52.225‐9 ‐ Buy American—Construction Materials

52.225‐10 ‐ Notice of Buy American Requirement – Construction Materials

52.225‐13 ‐ Restrictions on Certain Foreign Purchases

52.227‐1 ‐ Authorization and Consent

52.227‐2 ‐ Notice and Assistance Regarding Patent and Copyright Infringement

52.227‐4 ‐ Patent Indemnity—Construction Contracts

52.227‐11 ‐ Patent Rights ‐ Ownership by the Contractor

52.228‐1 ‐ Bid Guarantee

52.228‐2 ‐ Additional Bond Security

52.228‐5 ‐ Insurance—Work on a Government Installation

52.228‐11 ‐ Pledges of Assets

52.228‐12 ‐ Prospective Subcontractor Requests for Bonds

52.228‐14 ‐ Irrevocable Letter of Credit

52.228‐15 ‐ Performance and Payment Bonds—Construction

52.229‐3 ‐ Federal, State, and Local Taxes

52.232‐5 ‐ Payments under Fixed‐Price Construction Contracts

52.232‐16 ‐ Progress Payments ‐ Alternate I

52.232‐17 ‐ Interest

52.232‐18 ‐ Availability of Funds

52.232‐23 ‐ Assignment of Claims ‐ Alternate I

52.232‐27 ‐ Prompt Payment for Construction Contracts

52.232‐33 ‐ Payment by Electronic Funds Transfer—System for Award Management

52.232‐39 ‐ Unenforceability of Unauthorized Obligations

52.232‐40 ‐ Providing Accelerated Payments to Small Business Subcontractors

52.233‐1 ‐ Disputes—Alternate I

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52.233‐3 ‐ Protest after Award

52.233‐4 ‐ Applicable Law for Breach of Contract Claim

52.236‐2 ‐ Differing Site Conditions

52.236‐3 ‐ Site Investigation and Conditions Affecting the Work

52.236‐5 ‐ Material and Workmanship

52.236‐6 ‐ Superintendence by the Contractor

52.236‐7 ‐ Permits and Responsibilities

52.236‐8 ‐ Other Contracts

52.236‐9 ‐ Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

52.236‐10 ‐ Operations and Storage Areas

52.236‐11 ‐ Use and Possession Prior to Completion

52.236‐12 ‐ Cleaning Up

52.236‐13 ‐ Accident Prevention

52.236‐14 ‐ Availability and Use of Utility Services

52.236‐15 ‐ Schedules for Construction Contracts

52.236‐21 ‐ Specifications and Drawings for Construction ‐ Alternate I

52.236‐26 ‐ Preconstruction Conference

52.242‐1 ‐ Notice of Intent to Disallow Costs

52.242‐13 ‐ Bankruptcy

52.243‐4 ‐ Changes

52.244‐6 ‐ Subcontracts for Commercial Items

52.246‐21 ‐ Warranty of Construction

52.248‐3 ‐ Value Engineering—Construction

52.249‐2 ‐ Termination for Convenience of the Government (Fixed‐Price)—Alternate I

52.249‐10 ‐ Default (Fixed‐Price Construction) ‐ Alternate I

52.252.4 ‐ Alterations in Contract

52.252‐6 ‐ Authorized Deviations in Clauses

52.253‐1 ‐ Computer Generated Forms

1452.236‐70 ‐ Prohibitions Against Use of Lead‐Based Paint ‐ Department of the Interior

J List of Attachments 128

K Representations, Certifications, and Other Statements of Offerors 129

52.204‐8 ‐ Annual Representations and Certifications

52.204‐16 ‐ Commercial and Government Entity Code Reporting

52.204‐17 ‐ Ownership or Control of Offeror

52.204‐19 ‐ Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209‐7 ‐ Information Regarding Responsibility Matters

52.222‐56 ‐ Certification Regarding Trafficking in Persons Compliance Plan

52.236‐28 ‐ Preparation of Proposals ‐ Construction

L Instructions, Conditions, and Notices to Offerors 135

L.1 ‐ Submission of Offers

L.2 ‐ Documents

L.3 ‐ Proposal Format

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L.4 ‐ Proposal Cover

L.5 ‐ Submission of Part I ‐ Technical Proposal

L.6 ‐ Submission of Part II ‐ Past Performance

L.7 ‐ Submission of Part III ‐ Business and Price Proposal

L.8 ‐ Clauses and Provisions

52.203‐98 ‐ Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements ‐ Representation (DEVIATION 2015‐02) (Feb 2015)

52.204‐7 ‐ System for Award Management

52.204‐18 ‐ Commercial and Government Entity Code Maintenance

52.207‐1 ‐ Notice of Standard Competition

52.211‐6 ‐ Brand Name or Equal

52.215‐1 ‐ Instructions to Offerors ‐ Competitive Acquisition

52.215‐16 ‐ Facilities Capital Cost of Money

52.215‐20 ‐ Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data ‐ Alternate III

52.215‐22 ‐ Limitations of Pass‐Through Charges ‐ Identification of Subcontract Effort

52.216‐1 ‐ Type of Contract

52.222‐5 ‐ Construction Wage Rate Requirements—Secondary Site of the Work

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

52.225‐10 ‐ Notice of Buy American Requirement—Construction Materials

52.233‐2 ‐ Service of Protest

1452.233‐2 ‐ Service of Protest Department of the Interior

52.236‐27 ‐ Site Visit (Construction)

52.252‐3 ‐ Alterations in Solicitation

52.252‐5 ‐ Authorized Deviations in Provisions

M Evaluation Factors for Award 153

M.1 ‐ Method of Evaluation

M.2 ‐ Evaluation Factors

M.3 ‐ Clauses and Provisions

52.217‐5 ‐ Evaluation of Options

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)

0040278274

NPS, DSC Contracting Services Div

12795 W. Alameda Pkwy

P.O. Box 25287 Denver CO 80225-0287

PDS

monica_divelbess@nps.gov cc: dane_johnson@nps.gov

Monica Divelbess 303 987-6766

PEVI - 201919

x 06/27/2016

P16PS00702

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

PEVI - 201919 - Repointing of the Memorial Column at Perry's Victory & International

Peace Memorial, Ottawa County, Put-In-Bay, South Bass Island, OH

Estimated Construction Magnitude: $1,000,000 to $5,000,000

NAICS: 238140 - Masonry Contractors; Size Standard $15M

The estimated Period of Performance is: April 2017 through November 2017

This procurement action is a Total Set-Aside for Small Business

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.)

10 240 calendar days and complete it within ________________ ________________ calendar days after receiving

07/27/2016

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

PAGE 8 OF

NPS, DSC Contracting Services Div 12795 W. Alameda Pkwy

P.O. Box 25287 Denver CO 80225-0287

PDS

Dane Johnson

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

9 156

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P16PS00702

FOB: Destination

00010 Repointing of Memorial Column at Perry's Victory

& International Peace Memorial

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

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B. Supplies/Services and Prices

CONTRACT PRICE SCHEDULE

SOLICITATION NUMBER:

PARK ‐ PMIS:

DEVELOPED AREA:

PROJECT TITLE:

P16PS00702

PEVI 201919A

Perry's Victory and International Peace Memorial

Repointing of the Memorial Column

Notice: Refer to FAR Clause 52.217‐5, Evaluation of Options, as prescribed in FAR 17. Offerors are required to submit, a minimum, an offer that conforms to the solicitation documents with pricing for Base line items and all option line items. Failure to do so may render the proposal unacceptable. On lump‐sum line items, provide the total price only. For all unit‐priced line items, provide the unit price and the extended total price. If no specific line item exists for a portion of the work, include the costs in a related item. In case of error in calculation of extended prices, the unit price governs. In case of error in summation, the total of the corrected amounts govern.

Round totals and extended prices to whole dollars. The Government reserves the right to award any or no options at or after the time of award. At the option of the Government, the period for exercise of options at the proposed prices shall extend 180 calendar days from the date of award. Pricing will be evaluated based on what is determined to be the best value to the Government. Options may be exercised in any combination, order, or grouping deemed in the judgment of the Contracting Officer to offer the best value to the Government.

CONTRACT

LINE ITEM

NUMBER

(CLIN)

CONTRACT LINE ITEM (CLI)

TITLE

QUANTITY

UNIT OF

MEASURE

UNIT PRICE TOTAL PRICE

1 Not Used 1 L.S. $0.00

2 Scaffolding 1 L.S. $0.00

3 Efflorescence removal 1 L.S. $0.00

4 Joint preparation and pointing 1 L.S. $0.00

5 Deep pointing 4000 Lin. Ft. $0.00

TOTAL BASE PRICE (Contract Line Item Number 1 through 5) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

$0.00

OPTION A, Efflorescence removal, penthouse level

1 L.S. $0.00

OPTION B, Joint preparation and pointing, penthouse level

1 L.S. $0.00

OPTION C, Granite repairs at column shaft

325 Each $0.00

OPTION D, Efflorescence removal at column shaft, 1 L.S. $0.00

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TOTAL PRICE FOR ALL OPTIONS (Contract Line Item Numbers 6 through 9) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐

$0.00

TOTAL PROPOSED PRICE ‐ BASE PLUS ALL OPTIONS (Contract Line Item Numbers 1 through 9) ‐‐‐‐‐‐‐‐‐‐‐

$0.00

All measurement and payment information is included in the project specifications, Section 01 27 00.

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C. Descriptions/Specifications/Statement of Work

Specifications are attached and are incorporated herein; See Section J, Attachments J.1 – Repointing Project Specifications; J.2 – Combined Set Plans.

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D. Packaging and Marking

**** THIS PAGE INTENTIONALLY LEFT BLANK ****

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E. Inspection and Acceptance

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.

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F. Deliveries or Performance

52.211‐10 ‐‐ Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to:

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 120 calendar days after receiving notice to proceed.

The time stated for completion shall include final cleanup of the premises.

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 $1,000.00 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.

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.

52.211‐18 ‐‐ Variation in Estimated Quantity (Apr 1984)

If the quantity of a unit‐priced item in this contract is an estimated quantity and the actual quantity of the unit‐ priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

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G. Contract Administration Data

G.1 Correspondence

All data and correspondence submitted to the Contracting Officer’s Representative (COR) shall reference the Contract number and the name of the Contract Specialist or COR as appropriate. A copy of all correspondence sent to the COR shall be provided to the Contract Specialist with a courtesy copy to the Contracting Officer.

G.2 Contracting Officer

Dane Johnson 303‐969‐2398 National Park Service dane_johnson@nps.gov Denver Service Center

Contracting Services Division

Responsibility for contracting activities rests solely with the Government Contracting Officer (CO). No conversation, recommendations, or direction, whether given directly by, or implied by Government personnel, that will affect the scope, schedule, or price of the project covered by this Contract shall be acted upon by the Contractor unless specifically approved, in writing, by the Government Contracting Officer.

Separate agreements or contracts (excluding Contractor teaming arrangements) either verbal or written, are strictly prohibited under this Contract. The Contracting Officer is to be contacted immediately, by the Contractor, if any such issues arise under this Contract.

G.3 Contract Specialist (CS)

Monica A. Divelbess 303‐987‐6766 National Park Service monica_divelbess@nps.gov Denver Service Center

Contracting Services Division 12795 W. Alameda Pkwy Lakewood, CO 80228

The Contract Specialist manages the day‐to‐day administration of the Contract. The Contract Specialist is not a Contracting Officer with the authority to bind the U.S. Government as set forth in Federal Acquisition Regulation section 1.602. All correspondence shall be directed to the CS with a carbon copy to the CO.

G.4 Program Manager (PM)

Rick Rampi 303‐969‐2554 National Park Service rick_rampi@nps.gov Denver Service Center Planning Division

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G.5 Project Specialist (PS)/ Contracting Officers Representative (COR)

Daniel Fleming 303‐969‐2285 National Park Service daniel_fleming@nps.gov Denver Service Center

Planning Division

The COR is responsible for monitoring performance for the parks and supporting the Contracting Officer. The COR has no express or apparent authority under the Contract to make commitments for the Government or authorize changes to the Contract or Contract terms and conditions.

G.6 Clauses/Provisions

The following provisions and clauses are hereby incorporated either by full text or by reference:

1452.201‐70 ‐‐ Authorities and Delegations (Sep 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph

(e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

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(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.

1452.204‐70 ‐‐ 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.

NOTICE TO CONTRACTORS

Contractor Performance Assessment Reporting System (December 2015)

1. 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.

2. 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.

3. We request that you furnish the Contracting Officer (CO) 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 (AO).

Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) 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 https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c. All information provided should be reviewed for accuracy prior to submission.

d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating

"No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS‐RC marked as “Pending” with or without comments and whether or not it has been closed.

f. If you do not sign and submit the CPAR within 60 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."

6. The following guidelines apply concerning your use of the past performance evaluation:

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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 CO for instructions.

Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

Prohibit the use of or reference to evaluation data for advertising, promotional material, pre‐award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO 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 60‐day review period.

8. 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.

Attachment A ‐ Mandatory 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 [Contracting Officer to edit and include the documentation required under this contract]:

1. Updated Pay Estimate Form

2. Current Schedule of Values

3. Updated Schedule

4. Completed Pay Request Approval Form

5. Contractor Certification of Payment

6. Subcontractor Payment Verification

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) within 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 Officer with its proposal or Proposal.

(End of Local Clause)

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H. Special Contract Requirements

1452.203‐70 ‐‐ 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.

1452.215‐70 ‐‐ Examination of Records by the Department of the Interior (APR 1984)

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

SPECIAL CLAUSE 1: Key Personnel

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

Prime Contractor’s Quality

1. Control Representative

2. Foreman/Field Supervisor

3. Masons

4. Mixers

Subcontractors

1. An Independent (Third Party) Quality Assurance Program including the QA Supervisor, and

2. Efflorescence Removal

(b) During the first 30 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 30 day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at 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 replaced. The Contracting Officer will notify the Contractor within 15 days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of personnel.

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SPECIAL CLAUSE 2: Liability Insurance Requirements

(a) The Contractor shall procure and maintain, during the term of this contract and any extension thereof, liability insurance in a 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 insurance shall be not less than as follows:

Employer's Liability $100,000

General Liability $500,000

Construction

Per Person $100,000

Per Occurrence $500,000

Property Damage $1,000,000

Architect‐Engineer

Per Person $200,000

Per Occurrence $500,000

Property Damage $20,000

Automobile Liability

Per Person $200,000

Per Occurrence, Bodily Injury $500,000 (Other than passenger liability)

Per Occurrence, Property Damage $20,000

Aircraft Public and Passenger Liability

(When Aircraft is used in connection with contract performance)

Per Person $200,000

Per Occurrence, Bodily Injury $500,000

Per Occurrence, Property Damage $200,000

Passenger Liability, Bodily Injury $200,000 (Multiplied by number of seats or passengers, whichever is greater)

If this is a construction contract, the Contractor shall maintain compensation insurance, for employees engaged in the work, complying with the workmen’s compensation laws of the State in which the work is to be performed and shall maintain liability insurance protecting the Contractor from claims because of bodily injury (including death) and property damage arising under this contract.

(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

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I. Contract Clauses

52.202‐1 ‐‐ Definitions (Nov 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless‐‐

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

52.203‐3 – Gratuities (Apr 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative ‐‐

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled ‐‐

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203‐5 ‐‐ Covenant Against Contingent Fees (May 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) “Bona fide agency,” as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

“Bona fide employee,” as used in this clause, means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

“Contingent fee,” as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

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“Improper influence,” as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.203‐6 – Restrictions on Subcontractor Sales to the Government (Sep 2006)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow‐on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

52.203‐7 ‐‐ Anti‐Kickback Procedures (May 2014)

(a) Definitions.

“Kickback,” as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

“Person,” as used in this clause, means a corporation, partnership, business association of any kind, trust, joint‐ stock company, or individual.

“Prime contract,” as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

“Prime Contractor” as used in this clause, means a person who has entered into a prime contract with the United States.

“Prime Contractor employee,” as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

“Subcontract,” as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

“Subcontractor,” as used in this clause,

(1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and

(2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

“Subcontractor employee,” as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The 41 U.S.C. chapter 87, Kickbacks, prohibits any person from ‐‐

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)

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(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation.

Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may

(i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or

(ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback.