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National Park Service U.S. Department of the Interior
North Cascades National Park Service Complex
810 State Route 20 Sedro-Woolley WA 98284
360-854-7200 phone 360-856-1934 fax
Repair electrical and fuel systems, Seven Bays Marina Lake Roosevelt National Recreation Area
P16PS00799
This document reiterates and emphasizes information in the Request for Quotations (RFQ) (SF1442 plus Sections B through M) and is provided solely for the convenience of prospective quoters. Refer to the RFQ for detailed requirements.
Who can participate in this procurement?
This procurement is set-aside for service-disabled veteran-owned small business (SDVOSB) concerns in accordance with FAR Part 19.14. The NAICS code is 237990, Other Heavy and Civil Engineering Construction. To qualify as a small business under this NAICS code, the firm must be organized as for-profit, with average annual gross revenue for the past three years under $36.5 million. The prime SDVOSB contractor will be subject to the limitations on subcontracting requirements of FAR clause 52.219-27.
What is the estimated value?
In accordance with FAR 36.204, the estimated magnitude of this construction project is between $25,000 and $100,000.
Will there be a pre-quote site visit?
Yes: A site visit is scheduled for Friday, April 15, 2016, at 10:00 am. Attendance at the site visit is encouraged, but not mandatory.
What types of bonds and insurance will be required?
Payment protection: 100% of awarded price.
Liability and workers’ compensation insurance (FAR clause 52.228-5): Refer to RFQ Section I.
On what basis will you select the successful Quoter?
NPS will select the quote that represents the best value based on price, technical, and past performance factors. The specific evaluation factors are stated in Section M of the RFQ.
Review the instructions and list of contents in Section L before submitting your quote.
What type of contract will be issued?
All work will be performed under a single firm-fixed-price construction contract subject to the Construction Wage Rate Requirements in FAR Part 22.4.
System for Award Management (SAM) Registration Requirements The System for Award Management (SAM) is an official U.S. Government database of entities wishing to do business with the federal government. There is NO fee to register at this site.
Prior to the solicitation closing date, all quoters must establish and/or maintain an active registration and complete the online representations and certifications at www.SAM.gov.
Where and how do I submit my quote?
Your quote should be sent by e-mail to sarah_welch@nps.gov. The quoter bears full responsibility for on-time delivery to the Contracting Officer; there will be no relief given for undeliverable e-mails or ones that aren't received in time. Refer to Section L for detailed instructions, including acceptable electronic file types and size limitations. Quotes transmitted by fax will not be considered.
When is my quote due?
Unless changed by amendment, quotes are due by the date and time specified in Item 13 of the Standard Form 1442, Solicitation, Offer, and Award. If the offer due date is extended, the new due date and time will be stated in the associated amendment.
How will I know if the solicitation has changed?
The official electronic Request for Quotations (RFQ) is posted at www.FBO.gov. Prospective quoters will be required to visit this website periodically to check for amendments and other changes to the contract documents; no other notifications will be sent. No hard copies of the solicitation will be mailed or issued. The Government reserves the right to cancel this solicitation.
Information Concerning the Disclosure of Results This acquisition is being conducted under the provisions of FAR Part 13, Simplified Acquisition Procedures. After the RFQ closing date, no information regarding the identity of those submitting quotes, the number of quotes received, or the information contained in quotes will made available until after award, except as provided by FAR Part 13.
How can I get more information?
Read the full Request for Quotations and related attachments first. If you have questions, send an e-mail message to the Contracting Officer at sarah_welch@nps.gov. Answers will be provided in writing to the requester (if the answer is within the RFQ already) or provided in amendment(s) to the solicitation posted at www.FBO.gov.
The Contracting Officer's mailing address is North Cascades NPS Complex, 810 State Route 20, Sedro-Woolley WA 98284.
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)
NPS, PWR - OLYM MABO
600 E. Park Avenue
Port Angeles WA 98362-6757
PPY
Sarah_Welch@nps.gov
Refer to submission instructions in Section L
Sarah Welch (360) 854-7220
PMIS 192812
03/23/2016
P16PS00799
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Request for Quotations #P16PS00799 is to repair the fuel and electrical systems of the fuel dock at Seven Bays marina, Lake Roosevelt NRA, Lincoln county, WA. On-site work will occur during May and June, 2016.
This is a best value procurement set-aside for service-disabled veteran-owned small business (SDVOSB) concerns in accordance with FAR Part 19.14. The NAICS code is
237990, Other Heavy and Civil Engineering Construction, and the small business size standard is $36.5 million. All work will be performed under a single firm-fixed-price construction contract subject to the Wage Rate Requirements
(Construction), formerly known as the Davis-Bacon Act. In accordance with FAR
36.204, the estimated magnitude of this construction project is between $25,000 and
$100,000.
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 40 calendar days and complete it within ________________ ________________ calendar days after receiving
Section F.
05/02/2016
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
2PAGE OF
DOI, NPS, PWR - OLYM MABO - NOCA
810 State Route 20
Sedro-Woolley WA 98284-1263
PY1
Sarah Welch
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 18
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
P16PS00799
FOB: Destination
Period of Performance: 05/13/2016 to 06/29/2016
00010 Repair fuel and electrical systems on fuel dock at Seven Bays marina in accordance with the attached Statement of Work, drawing, and wage determination.
Write your business name, address, DUNS number, point of contact, and phone number in Block 14.
Complete Blocks 15 through 20C and Price Schedule in Section B.
Refer to Section L for how to submit your quote and what to include.
This action is for the federal government and is thus exempt from state sales tax (#140001849).
Contact: Sarah_Welch@NPS.gov, 360-854-7220.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Repair fuel dock at Seven Bays marina, FY16 Lake Roosevelt NRA
SECTION B: PRICE SCHEDULE
INSTRUCTIONS
On lump-sum-priced line items, provide the total price only. If no specific line item exists for a portion of the work, include the costs in a related item. In case of errors in summations, the total of the corrected amounts govern. Round totals and extended prices to whole dollars.
All work shall be performed in accordance with the attached Statement of Work (SOW), drawing, photos, and wage determination. All lines are “lump sum”. Refer to Section 012700 of the SOW for line item definitions.
LINE ITEM 1: Repair electrical system
LINE ITEM 2: Repair fuel system $__________________
TOTAL FOR ALL ITEMS $__________________
Business name: ______________________________________ Phone number: ___________________
DUNS number: ______________________________________ CAGE code: _____________________
Point of contact name: _________________________________ e-mail: __________________________
My business is registered in SAM __yes __no (check one);
we have completed the online representations and certifications therein __yes __no (check one);
we are a service-disabled veteran-owned small business concern __yes __no (check one).
SECTION C: Description/Specifications Attachment 1, Statement of Work, and Attachment 3, Drawing and Photos, are attached herein and incorporated into this solicitation/contract, as shown in Section J.
SECTION D: Packaging and Marking (not used)
SECTION E: Inspection and Acceptance
52.246-12 Inspection of Construction. (AUG 1996)
52.246-16 Inspection—Dismantling, Demolition, or Removal of Improvements (AUG 1996)
SECTION F: Deliveries or Performance
52.211-13 Time Extensions. (SEP 2000)
52.211-18 Variation in Estimated Quantity. (APR 1984)
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 40 calendar days after receiving the notice to proceed. The time stated for completion shall include final cleanup of the premises.
Schedule restrictions As stated in Section 01 11 00, Summary of Work, the marina will be open for public use (moorage) on weekends starting May 27, 2015. Work is not allowed on Friday, May 27, on weekends, or on federal holidays.
SECTION G: Contract Administration Data
1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 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;
52.252-2 Clauses Incorporated By Reference (Feb 1998) This RFQ and resulting 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 these address(es): www.acquisition.gov/far
(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.
APPOINTMENT OF CONTRACTOR REPRESENTATIVE / SUPERINTENDENT
Prior to commencement of work on this contract, the contractor shall provide to the Contracting Officer and COR the name and telephone number of at least one responsible individual who will serve to respond to operational problems and/or emergencies on a daily basis. The contractor agrees that notice to the designated representative shall constitute notice to the contractor and agrees to be bound by any commitments or representations made by the representative.
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INTERNET PAYMENT PLATFORM
(IPP) (April 2013) Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP; https://www.ipp.gov).
"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. Signed certification required by FAR clause 52.232-5,
2. Schedule of values for work being invoiced, and
3. Contractor’s standard business invoice.
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 www.SAM.gov record) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to contract award or within 3 - 5 business days after 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 quotation.
SECTION H: Special Contract Requirements
WAGE DETERMINATION
Attachment 2, U.S. Department of Labor General Wage Decision #WA77 (Lincoln county, Washington), is incorporated into this solicitation/contract, as shown in Section J.
SITE-SPECIFIC ACCIDENT PREVENTION PLAN
A site-specific Accident Prevention Plan (APP) covering on-site work to be performed by the contractor and all subcontractors is required. The prime contractor shall be responsible for development, implementation, and oversight of the plan. The plan shall address site-specific safety and health requirements and procedures based upon specific anticipated conditions, and address anticipated tasks, their related hazards, and anticipated control measures.
In addition, work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational Safety and Health Administration (OSHA) standards, 29 CFR, and FAR clause 52.236-13, Alt 1.
As work proceeds, the APP shall be adapted to new situations and new conditions. Changes and modifications to the accepted APP shall be made with the knowledge and concurrence of the safety office, site superintendent and Contracting Officer's Representative (COR).
Should any unforeseen hazards become evident during the performance of work, the contractor shall bring such hazard to the attention of the COR, both verbally and in writing for resolution as soon as possible. In the interim necessary action shall be taken to re-establish and maintain safe working conditions in order to safeguard on-site personnel, visitors, the public, and the environment.
PRECONSTRUCTION CONFERENCE
The Contracting Officer will conduct a preconstruction conference; the successful quoter will be notified and will be required to attend in person or by phone. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.
SUBCONTRACTING REQUIREMENTS
In accordance with FAR clause 52.219-27, Service-Disabled Veteran-Owned Small Business Set-Aside, the small business prime contractor is required to perform a minimum percentage of the cost of contract performance incurred for personnel/labor. A worksheet is provided for the contractor to document their and their subcontractors' labor costs.
This worksheet must be completed and provided with the proposal showing anticipated figures, and resubmitted with actual figures as part of contract close-out.
SECTION I: Contract Clauses
52.202-1 Definitions. (NOV 2013)
52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (FEB 2015)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUL 2013)
52.204-13 System for Award Management Maintenance. (JUL 2013)
52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015)
52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
52.211-6 Brand Name or Equal (AUG 1999)
52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)
52.222-3 Convict Labor. (JUN 2003)
52.222-6 Construction Wage Rate Requirements (MAY 2014)
52.222-7 Withholding of Funds. (MAY 2014)
52.222-8 Payrolls and Basic Records. (MAY 2014)
52.222-9 Apprentices and Trainees. (JUL 2005)
52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)
52.222-11 Subcontracts (Labor Standards). (MAY 2014)
52.222-12 Contract Termination - Debarment. (MAY 2014)
52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014)
52.222-14 Disputes Concerning Labor Standards. (FEB 1988)
52.222-15 Certification of Eligibility. (MAY 2014)
52.222-21 Prohibition of Segregated Facilities. (APR 2015)
52.222-26 Equal Opportunity. (APR 2015)
52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)
52.222-36 Affirmative Action for Workers With Disabilities. (JUL 2014)
52.222-50 Combating Trafficking in Persons. (MAR 2015)
52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)
52.223-3, Alt. 1 Hazardous Material Identification and Material Safety Data (JAN 1997)
52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)
52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)
52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)
52.228-2 Additional Bond Security. (OCT 1997)
52.228-11 Pledges of Assets. (JAN 2012)
52.228-14 Irrevocable Letter of Credit (DEC 1999)
52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014)
52.232-16 Progress Payments, Alt. 1 (APR 2012)
52.232-23 Assignment of Claims. (MAY 2014)
52.232-27 Prompt Payment for Construction Contracts. (MAY 2014)
52.232-33 Payment by Electronic Funds Transfer-System for Award Management (JUL 2013)
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
52.233-1 Disputes. (MAY 2014)
52.233-3 Protest after Award. (AUG 1996)
52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)
52.236-2 Differing Site Conditions. (APR 1984)
52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)
52.236-5 Material and Workmanship. (APR 1984)
52.236-6 Superintendence by the Contractor. (APR 1984)
52.236-7 Permits and Responsibilities. (NOV 1991)
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)
52.236-10 Operations and Storage Areas. (APR 1984)
52.236-11 Use and Possession Prior to Completion. (APR 1984)
52.236-12 Cleaning Up. (APR 1984)
52.236-14 Availability and Use of Utility Services. (APR 1984)
52.236-17 Layout of Work. (APR 1984)
52.236-21 Specifications and Drawings for Construction. (FEB 1997)
52.242-14 Suspension of Work. (APR 1984)
52.243-5 Changes and Changed Conditions. (APR 1984)
52.244-6 Subcontracts for Commercial Items. (OCT 2014)
52.246-21 Warranty of Construction. (MAR 1994) - Alternate I (APR 1984)
52.249-1 Termination for Convenience of the Government (Fixed-Price) (short form). (APR 1984) - Alternate I (SEP 1996)
52.249-10 Default (Fixed-Price Construction). (APR 1984)
52.253-1 Computer Generated Forms. (JAN 1991)
1452.215-70 Examination of Records by the Department of the Interior (APR 1984)
52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011)
(a) Definition. “Service-disabled veteran-owned small business concern”—
(1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
(b) Applicability. This clause applies only to—
(1) Contracts that have been set aside or reserved for service-disabled veteran-owned small business concerns;
(2) Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns; and
(3) Orders set aside for service-disabled veteran-owned small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.
(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.
(d) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for—
(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other service-disabled veteran-owned small business concerns;
(2) Supplies (other than acquisition from a non-manufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other service-disabled veteran-owned small business concerns;
(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns; or
(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns.
(e) A joint venture may be considered a service-disabled veteran owned small business concern if—
(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;
(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and
(3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation.
(4) The joint venture meets the requirements of 13 CFR 125.15(b)
(f) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.
52.225-9 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 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; however note that all COTS items are considered domestic regardless of their place of manufacture (see definition above).
(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 (JULY 2000)
(a) The Contractor shall submit one of the following payment protections: payment bond (on SF25A) or irrevocable letter of credit.
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within 10 days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
52.236-13 Accident Prevention. (NOV 1991)
(a) The Contractor shall provide and maintain work environments and procedures which will -
(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;
(2) Avoid interruptions of Government operations and delays in project completion dates; and
(3) Control costs in the performance of this contract.
(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall -
(1) Provide appropriate safety barricades, signs, and signal lights;
(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and
(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.
(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.
(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.
(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.
1452.203-70 Restriction on Endorsements (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.
1452.204-70 Release of Claims (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.
1452.228-70 Liability Insurance (JUL 1996)
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
$500,000 each person $2,000,000 each occurrence $2,000,000 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.
(c) The Contractor shall also maintain workers’ compensation insurance for employees engaged in the work, complying with the worker's compensation laws of the State in which the work is to be performed, and furnish evidence of such coverage to the Contracting Officer at the same time as the liability insurance certificate.
CONDUCT OF OPERATIONS
At all times the Contractor shall conduct their organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe. Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer. No signs or advertisements (except those specified herein) shall be displayed on the construction site or within the park except with prior approval of the Contracting Officer.
SECTION J: List of Documents, Exhibits and Other Attachments
Attachment Number Attachment Title Number of Pages 1 Statement of Work 23 2 Wage Determination, WA77 5 3 Drawing and Photos 4 4 Project Location 1
SECTION K: Representations, Certifications, and Other Statements of Offerors
52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) 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): www.acquisition.gov/far
52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (FEB 2015)
52.204-7 System for Award Management. (JUL 2013)
52.204-16 Commercial and Government Entity Code Reporting (NOV 2014)
52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)
52.204-8 Annual Representations and Certifications. (JAN 2016)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237990, Other Heavy and Civil Engineering Construction.
(2) The small business size standard is $36.5 million, average annual gross receipts for the past three years.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b) (1) If the clause at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation… [DOES NOT APPLY, CLAUSE
52.204-7 IS INCLUDED.]
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated [PARAGRAPH DOES NOT APPLY PER FAR 4.1202; SEE 52.204-7]:
(2) The following certifications are applicable if included by the Contracting Officer [none apply].
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.SAM.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
SECTION L: Instructions, Conditions, and Notices to Offerors
QUOTE SUBMISSION INSTRUCTIONS
The quoter bears full responsibility for on-time delivery to the Contracting Officer; there will be no relief given for undeliverable e-mails or ones that aren't received in time.
(a) Quote contents:
1) Page 2 of the SF1442, completed, signed, and dated, with amendment(s) acknowledged. To complete the SF1442, write your business name, address, DUNS number, point of contact, and phone number in Block 14. Complete Blocks 15 through 20C. Scan and save as a PDF file.
2) Completed Price Schedule, Section B.
3) References for recent similar projects, including project description and contact information.
4) List of proposed subcontractor(s), if applicable, with task(s) they will perform.
5) Completed Subcontracting Worksheet demonstrating compliance with FAR clause 52.219-27.
(b) How to submit your quote:
1) The electronic quote should consist of one PDF file in which the items listed above are combined, although it may include up to five separate files in Microsoft Word, Excel, or PDF format.
2) E-mail messages must be no larger than 20MB in size due to system limitations.
3) Send the quote to sarah_welch@nps.gov.
SITE VISIT (CONSTRUCTION)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, quoters are urged and expected to inspect the site where the work will be performed.
(b) A group site visit is scheduled on Friday, April 15, 2016, at 10:00 am. Attendance at the site visit is encouraged, but not mandatory. We are unable to accommodate requests for individual site visits.
TYPE OF CONTRACT
The Government contemplates award of one firm fixed-price purchase order resulting from this solicitation.
INQUIRIES
(a) To ensure questions are adequately addressed and appropriate action taken prior to submission of offer, questions must be received no later than seven calendar days prior to quote due date shown in the latest amendment. Questions and/or comments received after this time may or may not be addressed prior to the solicitation closing date. Note: Amendment(s) to the solicitation answering any questions relative to these documents will be timely posted at www.FBO.gov.
(b) Send written inquiries to Sarah_Welch@nps.gov
52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)
(a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the…
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