2_GATE_195019_SOLICITATION_CLAUSES.pdf

Solicitation Document No.

P16PS00872

Document Title

GATE 195019 – Hangar 38 Partial Deconstruction

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule A Solicitation/Contract Form 1 B Supplies/Services and Prices 8 C Descriptions/Specifications/Statement of Work 9 D Packaging and Marking 10 E Inspection and Acceptance 11 52.246-12 Inspection of Construction (Aug 1996)

F Deliveries or Performance 12 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages—Construction (Sept 2000) 52.211-13 Time Extensions (Sept 2000) 52.211-18 Variation in Estimated Quantity (Apr 1984) 52.242-14 Suspension of Work (Apr 1984)

G Contract Administration Data 14 1452.201-70 Authorities and Delegations (Sept 2011) 1452.204-70 Release of Claims (Jul 1996)

Notice to Contractors Re: Contractor Performance Assessment Reporting System (from DOI AAAP 0050)

Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) (Apr 2013) (from

DOI AAAP 0028)

H Special Contract Requirements 17 IMR 2009-01 Prohibition of All Terrain Vehicles (ATV)s - Intermountain Region (June 2009) Special Clause 1: Key Personnel Liability Insurance Requirements

Local Clause -- 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Feb 2015)

PART II – Contract Clauses I Contract Clauses 22

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 52.203-14 Display of Hotline Poster(s) (Oct 2015) and DIAR 1403.1004

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

1452.203-70 Restriction on Endorsements—Department of the interior (Jul 1996) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.204-14 Service Contract Reporting Requirements (Jan 2014)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

Document Title

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.210-1 Market Research (Apr 2011) 52.215-2 Audit and Records—Negotiation (Oct 2010) 1452.215-70 Examination of Records by the Department of the Interior (Apr 1984) 52.215-8 Order of Precedence—Uniform Contract Format (Oct 1997) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications (Aug 2011) 52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications (Oct 2010) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (Jul 2005)

52.215-19 Notification of Ownership Changes (Oct 1997)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications (Oct 2010)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-8 Utilization of Small Business Concerns (Oct 2014) 52.219-28 Post-Award Small Business Program Representation (Jul 2013) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation (May 2014) 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 (April 2015) 52.222-26 Equal Opportunity (April 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction (April 2015) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Feb 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (March 2015)

52.222-54 Employment Eligibility Verification (Oct 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sept 2013)

52.223-3 Hazardous Material Identification and Material Safety Data—Alternate I (Jan 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

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) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.225-9 Buy American—Construction Materials (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.227-1 Authorization and Consent (Dec 2007)

Document Title

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.227-4 Patent Indemnity—Construction Contracts (Dec 2007) 52.228-1 Bid Guarantee (Sep 1996) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance—Work on a Government Installation (Jan 1997) 52.228-11 Pledges of Assets (Jan 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds—Construction (Oct 2010) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-17 Interest (May 2014) 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 (July 2013) 52.232-39 Unenforceability of Unauthorized Obligations (June 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes—Alternate I (Dec 1991) 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) 52.236-4 Physical Data (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) 52.236-8 Other Contracts (Apr 1984)

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) 52.236-13 Accident Prevention (Nov 1991) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-26 Preconstruction Conference (Feb 1995) 1452.236-70 Prohibition Against Use of Lead-based Paint (July 1996) 52.242-13 Bankruptcy (July 1995) 52.243-4 Changes (June 2007) 52.244-6 Subcontracts for Commercial Items (Feb 2016) 52.246-21 Warranty of Construction (Mar 1994) 52.248-3 Value Engineering—Construction (Oct 2015)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)—Alternate I (Sept 1996)

52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)

PART III – List of Documents, Exhibits, and Other Attachments

J List of Attachments

PART IV – Representations and Instructions K Representations, Certifications, and Other Statements of Offerors 111 Local Clause 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal

Document Title

Confidentiality Agreements (DEVIATION 2015-02) (Feb 2015)

52.204-8 Annual Representations and Certifications (Apr 2016) 52.204-17 Ownership or Control of Offeror (Nov 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Nov 2015) 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.225-10 Notice of Buy American Requirement – Construction Materials (May 2014) 52.236-28 Preparation of Proposals – Construction (Oct 1997)

L Instructions, Conditions, and Notices to Offerors 118 Instructions for the Submission of Offers and Other Information 52.204-7 System for Award Management (Jul 2013) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2015) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015) 52.211-6 Brand Name or Equal (Aug 1999) 52.215-1 Instructions to Offerors — Competitive (Jan 2004) 52.215-16 Facilities Capital Cost of Money (June 2003)

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010)

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior (Apr 1984) 52.216-1 Type of Contract (Apr 1984)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

1452.233-2 Service of Protest Department of the Interior (Sept 2006) Deviation (JUL 1996) 52.236-27 Site Visit (Construction)—Alternate I (Feb 1995) 52.252-5 Authorized Deviations in Provisions (Apr 1984)

M Evaluation Factors for Award 131 Significant Factors and Subfactors

Document Title

SECTION B – SUPPLIES OR SERVICES AND PRICES

SOLICITATION NUMBER: P16PS00872

PARK - PMIS: GATE 195019

DEVELOPED AREA: Miller Field, Staten Island, NY PROJECT TITLE: Hangar 38 Partial Deconstruction

Notice: Refer to FAR Clause 52.217-5, Evaluation of Options, as prescribed in FAR 17. Offerors are required to submit, a minimum, an offer that conforms to the solicitation documents with pricing for Base line items and all option line items. Failure to do so may render the proposal unacceptable. On lump-sum line items, provide the total price only. For all unit-priced line items, provide the unit price and the extended total price. If no specific line item exists for a portion of the work, include the costs in a related item. In case of error in calculation of extended prices, the unit price governs. In case of error in summation, the total of the corrected amounts govern. Round totals and extended prices to whole dollars. The Government reserves the right to award any or no options at or after the time of award. At the option of the Government, the period for exercise of options at the proposed prices shall extend 180 calendar days from the date of award. Pricing will be evaluated based on what is determined to be the best value to the Government. Options may be exercised in any combination, order, or grouping deemed in the judgment of the Contracting Officer to offer the best value to the Government.

In addition to the offer that conforms to the solicitation documents, offerors are encouraged to submit alternate proposals that will result in cost savings to the Government. Such proposals shall clearly identity why the acceptance of the alternate proposal would be advantageous to the Government, see FAR Clause 52.215-1, Instructions to Offerors - Competitive Acquisition- Alternate II and DSC-36 Clause (Instructions for Submission of Offers and Other Information) in Section L of the Solicitation.

CONTRACT

LINE ITEM

NUMBER

(CLIN)

CONTRACT LINE ITEM (CLI)

TITLE QUANTITY UNIT OF

MEASURE UNIT PRICE TOTAL PRICE

1 Design 1 ls

2 Hazardous Materials Abatement 1 ls

3 Deconstruction / Construction 1 ls

TOTAL BASE PRICE (Contract Line Item Number 1 through 3) ------------------------------------ All measurement and payment information is included in the project specifications.

Document Title

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

Location

This project is located off New Dorp Lane, on the eastern shore of Staten Island, New York. The historic, former Seaplane Hangar #38 anchors the southeast corner of the Miller Field Unit of Gateway National Recreational Area.

Background

Miller Field was established prior to World War I as part of a system of aerial coast defenses for New York City. An early aviation building, Seaplane Hangar 38 was constructed at Miller Field in 1920 for the U.S. Army and is the sole survivor of a hangar group and base comprising approximately 40 buildings. Hangar 38 remains significant as one of the last extant examples of its type remaining on the eastern seaboard.

On October 29, 2012, Superstorm Sandy inundated Miller Field, bringing salt water, debris, and wave action to the Seaplane Hangar 38 and the rest of the site, triggering the need for mitigation of life-safety hazards and protection of the historic resource. Carrying contaminated mud and sludge into the hangar bays, the storm surge damaged features and exacerbated ongoing deterioration of interior and exterior finishes. The park is currently in the recovery phase and has been methodically repairing and rebuilding, making use of funds appropriated via the Sandy Recovery Improvement Act.

The purpose of this project is to mitigate hazards, increase resiliency and reduce the risk of damage from future flooding.

Description

Consisting of two adjacent hangar bays, the original Seaplane Hangar 38 building was extensively renovated in 1939 as a federal Works Progress Administration (WPA) project; the WPA work included a two-story addition on the west and one-story additions on the south and east sides of the hangar. The two-story office/support facilities wing is reinforced concrete-framed with masonry infill, while the one-story utility, shop and support spaces are predominantly constructed of concrete piers and walls supporting wood roof framing.

The extant two-bay hangar structure is characterized by riveted trusses built up from steel angles and clear-spanning 110 feet in the east-west direction, over each hangar bay. Roof trusses and supporting columns are spaced 20 feet on center in the north-south direction.

Supporting columns are built up from four riveted steel angles and a web plate, all encased in terra cotta tile and stucco finishes. At each hangar bay, a pair of doubled roof truss added to the original hangar structure span the north-facing hangar door opening; tying together an assembly of pylons, pulleys cables and counterweights, the inner truss pair carries the massive hangar doors and the original trusses supports the gable end and roof deck above.

In general terms, the project entails removal of all additions and all original and subsequent enclosure elements, fixtures, finishes and appurtenances, leaving only the original structural steel framing and corrugated steel roof decking in place, followed by structural repairs, lateral reinforcement, surface preparation and application of a high-performance coating throughout, in order to create a stabilized steel “skeleton” with retained roof decking.

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SECTION D – PACKAGING AND MARKING

This section is left intentionally blank.

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SECTION E – INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

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

(End of clause)

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SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 365 calendar days after the date of award, (b) prosecute the work diligently, and (c) complete the entire work ready for use. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,000.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.211-13 TIME EXTENSIONS (SEPT 2000)

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

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

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

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.

Document Title

(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.

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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;

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

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

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

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the

Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR (JUL 1996)

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

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NOTICE TO CONTRACTORS

Contractor Performance Assessment Reporting System (December 2015) (From DOI AAAP 0050, February 2016)

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

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

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

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

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

d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

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

f. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

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

a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

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

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

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized. (End of Notice) https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/

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Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) (From DOI AAAP-0028, June 2015)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

The Contractor shall submit a draft invoice to the Contracting Officer’s Representative (COR) for review and approval at least 1 week prior to submittal of the formal invoice to IPP. The following documents are required to be submitted as an attachment to the “draft” invoice:

1) Documents noted in clause 52.232-05, Payments under Fixed-Price Construction Contracts

2) Documents noted in the Project Scope documents.

3) Pay Estimate Form

4) Schedule of Values noting percentage complete for each line

5) Certification of Subcontractor Payment

Upon receipt of the COR’s approval of the draft invoice the contractor shall submit their formal invoice through

IPP. The following documents are required to be submitted as an attachment to the “IPP” invoice:

1) Pay Estimate Form

2) Schedule of Values noting percentage complete for each line

3) Certification of Subcontractor Payment

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Document Title

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SPECIAL CLAUSE 1: SPECIAL CLAUSES FOR DESIGN BUILD CONSTRUCTION

1.1 FAR 52.236-23 – RESPONSIBILITY OF THE ARCHITECT-ENGINEER CONTRACTOR (APR

1984)

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.

(b) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services furnished under this contract.

(c) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(d) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

(End of Clause)

1.2 FAR 52.236-25 – REQUIREMENTS FOR REGISTRATION OF DESIGNERS (JUN 2003)

Architects or engineers registered to practice in the particular professional field involved in a State, the District of Columbia, or an outlying area of the United States shall prepare or review and approve the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work.

(End of Clause)

1.3 SEQUENCE OF CONSTRUCTION WHEN FAST TRACK CONSTRUCTION METHODS ARE

NOT USED

(1) These requirements are applicable for all design/build construction services. After receipt of the contract

Notice to Proceed the Contractor shall initiate design, comply with all design submission and material submission requirements as covered under Specifications, and obtain Government review of each submission. No construction may be started until the Government reviews the Final Design submission, determines it satisfactory for purposes of beginning construction, and issues a Start Work Notice.

(2) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for any in-place construction related to the pending revisions until they are completed, resubmitted and are satisfactory to the Government.

(3) No payment will be made for any in-place construction until all required Submittals have been made, reviewed and are satisfactory to the Government.

1.4 ADDITIONAL REQUIREMENTS/CLARIFICATIONS FOR THE REGISTRATION OF DESIGNERS

The design of architectural, structural, mechanical, electrical, civil, fire protection geotechnical, interior design, or other engineering features of the work shall be accomplished or reviewed and approved by designers registered/licensed to practice in the particular professional field in the State or other United States possession in which the contract activity takes place. Each final design submittal drawing and certified final drawings ready for

Document Title construction shall be signed and sealed by the registered professional (Designer of Record) responsible for the design indicated on the particular sealed sheet.

1.5 DESIGN/BUILD CONTRACT - ORDER OF PRECEDENCE

(a) The contract includes the standard contract clauses and schedules current at the time of contract award. It entails the solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

(b) In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

(1) Betterments: Any portions of the accepted proposal which both conform to and exceed the provisions of the solicitation.

(2) The provisions of the solicitations.

(3) All other provisions of the accepted proposal.

(4) Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

1.6 DESIGN CONFERENCES

Pre-Work: As part of the Pre-work conference conducted after contract award, key representatives of the Government and the Contractor will review the design submissions and review procedures specified herein, discuss the preliminary design schedule and provisions for phase completion of the D/B documents with construction activities (fast tracking), and meet with the National Park Service Design Review personnel for any other appropriate pre-design discussion items.

1.7 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (REV. MAY 2002)

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(b) Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contact shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of these services furnished under this contract.

(c) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(d) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

1.8 CONSTRUCTOR'S ROLE DURING DESIGN (JUN 1998)

The Contractor's construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the constructor's involvement includes, but is not limited to actions such as: integrating the

Document Title design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction QC program with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

1.9 DEVIATING FROM THE ACCEPTED DESIGN (JUN 2002)

The contractor must obtain the approval of the Designer of Record and the Contracting Officer to make any contractor proposed revisions to the professionally stamped, sealed and Government reviewed design before proceeding with the revision.

IMR 2009-01 PROHIBITION OF ALL TERRAIN VEHICLES (ATV)S - INTERMOUNTAIN REGION

(JUN 2009)

The contractor is prohibited from utilizing All-Terrain Vehicles (ATV)s on National Park Service lands. ATV is defined as: A motorized off-highway vehicle (OHV) traveling on four or more low-pressure tires, having a seat to be straddled by the operator and a handlebar for steering control.

Use of Utility Terrain Vehicles (UTVs) are permitted. UTV (also called a side-by-side) is defined as: A motorized OHV having four or more low pressure tires, designed with side-by-side seats, seatbelts, steering wheel, and optional cab, brush cage, or ROPS.

(End of Local Clause)

SPECIAL CLAUSE 1: KEY PERSONNEL

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

-Site Superintendent -Quality Control Supervisor/Safety Officer -Designer of Record

(b) The Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, termination of employment or otherwise approved by the Contracting Officer. 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.

(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.

LIABILITY INSURANCE REQUIREMENTS

Document Title

(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 to be performed and shall maintain liability insurance protecting the Contractor from claims because of bodily injury (including death) and property damage arising under this Contract.

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the 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.

LOCAL CLAUSE: 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015)

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

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

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

Document Title

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

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

(End of local clause)

Document Title

SECTION I – CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

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

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

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

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

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

52.203-3 GRATUITIES (APR 1984)

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

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

and

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

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

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

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

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person…