P16PS00832_VAFO.pdf

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, DSC Contracting Services Div

12795 W. Alameda Pkwy

P.O. Box 25287 Denver CO 80225-0287

PDS

Karen La Bouff-Kind

NPS-DSC-CS

P.O. Box 25287 Denver, CO 80225-0287

Nicole Jensen 303 987-6778

VAFORemediation x 05/11/2016

P16PS00832

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

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

14 350 calendar days and complete it within ________________ ________________ calendar days after receiving

06/24/2016

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

NPS, NER A/E -CONSTRUCTION -IA MABO

325 Walnut St.

Philadelphia PA 19106

PNC

Karen La Bouff-Kind

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

3 141

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P16PS00832

1. The Contractor shall perform the construction project in accordance with the terms and conditions contained herein.

2. Proposals are due June 24, 2016 at 2:00 p.m.

Mountain Time (4:00 p.m. Eastern Time).

Legacy Doc #: NPS

Contracting Officer: Karen La Bouff-Kind

Contract Specialist: Nicole Jensen

Project Manager / Contracting Officer

Representative: Donna Davies

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

Sponsored by GSA

FAR (48 CFR) 53.110

Contract

P16PS00832

Document No.

VAFO Remediation

Document Title Implementation of Supplemental Remedial Design

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICE/ COSTS

B.1 CONTRACT PRICE SCHEDULE AND INSTRUCTIONS

SECTION C – DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

C.1 STATEMENT OF WORK/PROJECT SPECIFICATIONS

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUGUST 1996)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APRIL 1984)

F.2 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEP 2000)

F.3 52.211-13 TIME EXTENSIONS (SEP 2000)

F.4 52.242-14 SUSPENSION OF WORK (APR 1984)

F.5 STOP-WORK ORDER (AUG 1989)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

G.2 1452.204-70 RELEASE OF CLAIMS (JUL 1996)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 SPECIAL CLAUSE 2: KEY PERSONNEL

H.2 LIABILITY INSURANCE REQUIREMENTS

SECTION I – CONTRACT CLAUSES

I.1 1452.203-70 RESTRICTIONS ON ENDORSEMENTS – DEPARTMENT OF

INTERIOR (JUL 1996)

I.1 1452.204-70 RELEASE OF CLAIMS – DEPARTMENT OF INTERIOR (JUL 1996)

I.2 1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF INTERIOR

(APR 1984)

I.3 1452.228-70 LIABILITY INSURANCE (JUL 1996)

I.4 1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT—

DEPARTMENT OF THE INTERIOR (JUL 1996)

I.5 52.202-1 DEFINITIONS (NOV 2013)

I.6 52.203-3 GRATUATIES (APR 1984)

I.7 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.8 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(SEP 2006)

I.9 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

Document No.

VAFO Remediation

I.10 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I.11 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014)

I.12 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

I.13 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT

2015)

I.14 52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

I.15 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) .30

I.16 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) – SPECIAL CLAUSE

I.17 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

I.18 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (OCTOBER 2015)

I.19 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

I.20 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (JAN 2014)

I.21 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2015)

I.22 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED

FOR DEBARMENT (OCT 2015)

I.23 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013)

I.24 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

I.25 52.210-1 MARKET RESEARCH (APR 2011)

I.26 52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010)

I.27 52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT

1997)

I.28 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING

DATA (AUG 2011)

I.29 52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING

DATA – MODIFICATIONS (AUG 2011)

I.30 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

I.31 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—

MODIFICATIONS (OCT 2010)

I.32 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010) ...42

Document No.

VAFO Remediation

I.33 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT

BENEFITS (PRB) OTHER THAN PENSIONS (JUL 2005)

I.34 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.35 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA—MODIFICATIONS (OCT 2010)

I.36 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)

I.37 52.219-6 – NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

I.38 52.219-8 – UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)

I.39 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

I.40 52.219-17 SECTION 8(A) AWARD (DEC 1996)

I.41 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A)

CONCERNS (JUN 2003)

I.42 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL

2013)

I.43 52.222-3 CONVICT LABOR (JUNE 2003)

I.44 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME

COMPENSATION (MAY 2014)

I.45 52.222-6 CONSTRUCTION WAGE RATE REQUIRMENTS (MAY 2014)

I.46 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

I.47 52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

I.48 52.222-9 APPRENTICES AND TRAINEES (JULY 2005)

I.49 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) .

I.50 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

I.51 52.222-12 CONTRACT TERMINATION—DEBARMENT (MAY 2014)

I.52 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS

AND RELATED REGULATIONS (MAY 2014)

I.53 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.54 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

I.55 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (ARP 2015)

I.56 52.222-26 EQUAL OPPORTUNITY (APR 2015)

I.57 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION (APR 2015)

I.58 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

I.59 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

I.60 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

I.61 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

I.62 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

Document No.

VAFO Remediation

I.63 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

I.64 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015) ...69

I.65 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)

I.66 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (JAN 1997) ALTERNATE 1 (JULY 1995)

I.67 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY

2011)

I.68 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.69 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA- DESIGNATED PRODUCTS (MAY 2008)

I.70 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC

2007)

I.71 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

I.72 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (AUG 2011)

I.73 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

I.74 52.224-2 PRIVACY ACT (APR 1984)

I.75 52.225-9 BUY AMERICAN – CONSTRUCTION MATERIALS (MAY 2014)

I.76 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

I.77 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)

I.78 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I.79 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRIGEMENT (DEC 2007)

I.80 52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007) ...80

I.81 52.227-17 RIGHTS IN DATA—SPECIAL WORKS (DEC 2007)

I.82 52.228-1 BID GUARANTEE (SEP 1996)

I.83 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

I.84 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)..

I.85 52.228-11 PLEDGES OF ASSETS (JAN 2012)

I.86 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY

2014)

I.87 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

I.88 52. 228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (OCT

2010)

I.89 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I.90 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(MAY 2014)

Document No.

VAFO Remediation

I.91 52.232-16 ALT I – PROGRESS PAYMENTS – ALT I (APR 2012)

I.92 52.232-17 INTEREST (MAY 2014)

I.93 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.94 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014) ..

I.95 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR

AWARD MANAGEMENT (JUL 2013)

I.96 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) .

I.97 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

I.98 52.233-1 DISPUTES (MAY 2014) - ALTERNATE I (DEC 1991)

I.99 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.100 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 102

I.101 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.102 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR

1984)

I.103 52.236-4 PHYSICAL DATA (APR 1984)

I.104 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.105 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

I.106 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.107 52.236-8 OTHER CONTRACTS (APR 1984)

I.108 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

I.109 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

I.110 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

I.111 52.236-12 CLEANING UP (APR 1984)

I.112 52.236-13 ACCIDENT PREVENTION (NOV 1991) ALTERNATE I (NOV 1991)

I.113 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

I.114 52.236-17 LAYOUT OF WORK (APR 1984)

I.115 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997).

I.116 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.117 52.242-13 BANKRUPTCY (JUL 1995)

I.118 52.243-4 CHANGES (JUN 2007)

I.119 52.444-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

I.120 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUL 2014)

I.121 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

Document No.

VAFO Remediation

I.122 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) ALTERNATE 1 (APR

1984)

I.123 52.247-5 FAMILIARIZATION WITH CONDITIONS (APR 1984)

I.124 52.248-3 VALUE ENGINEERING—CONSTRUCTION (OCT 2015)

I.125 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE) (APR 2012)—ALTERNATE I (SEPT 1996)

I.126 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

I.127 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSESS (APR 1984)

I.128 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

SECTION J – LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENT OF

OFFERORS

K.1 LOCAL CLAUSE: 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES

THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—

REPRESENTATION (FEB 2015)

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

K.3 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2015)

K.4 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

K.5 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS—REPRESENTATION (NOV 2015)

K.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 123

K.7 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) .. 124

K.8 52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

L.1 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION—

DEPARTMENT OF THE INTERIOR (APR 1984)

L.2 1452.233-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (JUL

1996) (DEVIATION)

L.3 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

L.4 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2015)

L.5 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(NOV 2014)

L.6 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN

2004)

L.7 52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

L.8 52.216-1 TYPE OF CONTRACT (APR 1984)

Document No.

VAFO Remediation

L.9 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS — SECONDARY SITE

OF THE WORK (MAY 2014)

L.10 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

L.11 1452.233-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (SEPT

2006) (DEVIATION) (JUL 1996)

L.12 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)133

L.13 52.252.-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

L.14 PROPOSAL PREPARATION INSTRUCTIONS

SECTION M – EVALUATION FACTORS FOR AWARD

*Provisions Titles are in Red Below

Document No.

VAFO Remediation

SECTION B – SUPPLIES OR SERVICES AND PRICE/ COSTS

B.1 CONTRACT PRICE SCHEDULE AND INSTRUCTIONS

The attached contract price schedule will be substituted for this page at the time of award based on the negotiated and awarded firm fixed price or fixed unit price per Contract Line Item Number (CLIN).

Offeror is required to submit, at a minimum, an offer that conforms to the solicitation documents with pricing for all CLINs. Failure to do so may render the proposal unacceptable. On firm fixed price line items (lump-sum - LS) refer to SECTION L. For all fixed-unit-price contract line item numbers, 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 errors in summations, the total of the corrected amounts govern.

Round totals and extended prices to whole dollars.

CONTRACT

LINE ITEM

NUMBER

(CLIN)

CONTRACT LINE ITEM (CLI) TITLE QUANTITY

UNIT OF

MEASURE

UNIT PRICE TOTAL PRICE

Prepare Remedial Action Work Plan and Close-Out Report

1 LS

Site Preparation/Remediation/Restoration -

MAR AOC

1 LS

Site Preparation/Remediation/Restoration -

FKP AOC

1 LS

Site Preparation/Remediation/Restoration -

HB AOC

1 LS

Site Preparation/Remediation/Restoration -

SAQ AOC

1 LS

Site Preparation/Remediation/Restoration -

WCRS AOC

1 LS

7 Remove Brown Vinyl Fencing and Signage 1 LS

8 Close Eight Monitoring Wells 1 LS

TOTAL PROPOSED PRICE (All) -------------------------------------------------------------------------------------------

PROJECT TITLE: Asbestos Release Site Supplemental Remedial Design Implementation

Al l measurement and payment information i s included in Section 012700.

CONTRACT PRICE SCHEDULE

SOLICITATION NUMBER: P16PS00832

PARK - PMIS: Valley Forge National Historical Park DEVELOPED AREA: Parkwide

TOTAL BASE PRICE (Contract Line Item Number 1 through 8) ------------------------------------------------------

Document No.

VAFO Remediation

SECTION C – DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

C.1 STATEMENT OF WORK/PROJECT SPECIFICATIONS

The specifications and drawings for this acquisition are incorporated herein by reference.

Document No.

VAFO Remediation

SECTION D – PACKAGING AND MARKING – Not Applicable

Document No.

VAFO Remediation

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUGUST 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

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SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APRIL

1984) The Contractor shall be required to (a) commence work under this contract within fourteen (14) 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 350 days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

F.2 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract for the specific CLIN order under a task order, 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.

F.3 52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

F.4 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of Clause)

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F.5 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for

Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 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;

(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 prior 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.

G.2 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.

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 SPECIAL CLAUSE 2: KEY PERSONNEL

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

Project Manager – Superintendent – Safety Manager –

(b) During the ninety (90) calendar 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 ninety (90) calendar day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer as least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

H.2 LIABILITY INSURANCE REQUIREMENTS

(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:

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 for bodily injury $500,000 (other than passenger liability) Per occurrence for property damage $20,000

Aircraft public and passenger liability, when aircraft used in connection with the performing this contract Per person $200,000 Per occurrence for bodily injury $500,000 Per occurrence for 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

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(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.

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SECTION I – CONTRACT CLAUSES

1452.203-70 RESTRICTIONS ON ENDORSEMENTS – DEPARTMENT OF INTERIOR (JUL I.1

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.

I.1 1452.204-70 RELEASE OF CLAIMS – DEPARTMENT OF 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.

I.2 1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF INTERIOR (APR

1984) For purposes of the Audit and Records - Negotiation clause of this contract (FAR 52.215-2), 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.

I.3 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:

Employer's liability $100,000

General liability $500,000

Construction Per person $100,000 Per occurrence $500,000 Property damage $1,000,000

Automobile liability Per person $200,000 Per occurrence for bodily injury $500,000 (other than passenger liability) Per occurrence for property damage $20,000

Aircraft public and passenger liability, when aircraft used in connection with the performing this contract Per person $200,000 Per occurrence for bodily injury $500,000

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Per occurrence for property damage $200,000 Passenger liability bodily injury $200,000 (multiplied by number of seats or passengers, whichever is greater)

(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.

I.4 1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT—DEPARTMENT OF

THE INTERIOR (JUL 1996)

Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

I.5 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.

I.6 52.203-3 GRATUATIES (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 paragraph (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.

https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 https://acquisition.gov/far/current/html/FARTOCP31.html#wp253693

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I.7 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.

“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.

I.8 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.

I.9 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.

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“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) 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)(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. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including paragraph (c)(5) but excepting paragraph (c)(1), in all subcontracts under this contract which exceed $150,000.

I.10 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL

OR IMPROPER ACTIVITY (MAY 2014)

(a) If the Government receives information that a contractor or a person has violated 41 U.S.C. 2102- 2104, Restrictions on Obtaining and Disclosing Certain Information, the Government may—

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) Rescind the contract with respect to which—

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 41 U.S.C. 2102 for the purpose of either—

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C. 2105(a).

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

http://uscode.house.gov/ http://uscode.house.gov/

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I.11 52.203-10 PRICE OR FEE ADJUSTMENT FOR…