Final_Solicitation_P16PS01023_GRTE_149677.pdf

GRAND TETON NATIONAL PARK

MOOSE, WYOMING

REQUEST FOR PROPOSAL (RFP)

SOLICITATION NUMBER: P16PS01023

GRTE - 149677

MOOSE WASTE WATER / WATER PLANT

NATIONAL PARK SERVICE

DENVER SERVICE CENTER

CONTRACTING SERVICES DIVISION

12795 W. ALAMEDA PKWY

LAKEWOOD, CO 80228

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

National Park Service (DSC)

ATTN: Sarah Clemmens (Contract Specialist) 12795 West Alameda Parkway, P.O. Box 25287 Denver, CO 80228-0287

Sarah Clemmens 303 969 2228

GRTE 149677

x 05/02/2016

P16PS01023

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

Grand Teton National Park, Moose Wyoming

Project Title: Moose Waste Water/Water Plant

County, State: Teton County, Wyoming

NAICS Code: 237110

Estimated Value: $9 - $13M

Estimated Period of Performance: 540 Days

The Pre-Proposal Site Visit is scheduled for 8:30 am Tuesday, May 17, 2016, at the

Craig Thomas Visitor Center located in Moose, Wyoming. Please refer to the attachment entitled 'Contractor Pre-Bid Tour Request Form' to submit RSVPs.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 540 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F, Clause 52.211-10

06/02/2016

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

NPS, DSC Contracting Services Div 12795 W. Alameda Pkwy

P.O. Box 25287 Denver CO 80225-0287

PDS

Jason Longshore

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

P16PS01023

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION A ‐‐ SOLICITATION, OFFER, & AWARD

SECTION B ‐‐ SUPPLIES OR SERVICES AND PRICES

B.1 CONTRACT PRICE SCHEDULE

SECTION C ‐‐ DESCRIPTIONS AND SPECIFICATIONS

C.1 PROJECT SPECIFICATIONS

SECTION E ‐‐ INSPECTION AND ACCEPTANCE

E.1 52.246‐12 INSPECTION OF CONSTRUCTION (AUG 1996)

SECTION F ‐‐ DELIVERIES OR PERFORMANCE

F.1 52.211‐10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

F.2 52.211‐12 LIQUIDATED DAMAGES – CONSTRUCTION (SEP 2000)

F.3 52.211‐13 TIME EXTENSION (SEP 2000)

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

SECTION G ‐‐ CONTRACT ADMINISTRATION DATA

G.1 1452.201‐70 AUTHORITIES AND DELEGATIONS (SEP 2011)

G.2 1452.204‐70 RELEASE OF CLAIMS‐DEPT OF INTERIOR (JUL 1996)

G.3 DIAPR 2010‐14 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JUL 2010)

G.4 DIAPR 2011‐4 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS INTERNET PAYMENT PLATFORM (APR

2013) 17

SECTION H ‐‐ SPECIAL CONTRACT REQUIREMENTS

H.1 OPTION FOR ADDITIONAL SERVICES – SEPARATELY PRICED LINE ITEMS

H.2 KEY PERSONNEL

H.3 LIABILITY INSURANCE REQUIREMENTS

H.4 LOCAL CLAUSE: 52.203‐99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (FEB 2015)

H.5 WAGE RATES

PART II ‐‐ CONTRACT CLAUSES

SECTION I ‐‐ CLAUSES

I.1 1452.203‐70 RESTRICTIONS ON ENDORSEMENTS‐DEPT OF INTERIOR (JUL 1996)

I.2 1452.215‐70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF INTERIOR (APR 1984)

I.3 1452.236‐70 PROHIBITION AGAINST USE OF LEAD‐BASED PAINT ‐ DEPARTMENT OF INTERIOR (JUL 1996)

I.4 52.202‐1 DEFINITIONS (NOV 2013)

I.5 52.203‐3 GRATUITIES (APR 1984)

I.6 52.203‐5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.7 52.203‐6 RESTRICTIONS ON SUBCONTRACTOR SALES TO GOVERNMENT (SEP 2006)

I.8 52.203‐7 ANTI‐KICKBACK PROCEDURES (MAY 2014)

I.9 52.203‐8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY

2014) 22

I.10 52.203‐10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I.11 52.203‐12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

I.12 52.203‐13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

I.13 52.203‐14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

I.14 52.203‐17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES

OF WHISTLEBLOWER RIGHTS (APR 2014)

I.15 52.204‐4 PRINTED OR COPIED DOUBLE‐SIDED ON POSTCONSUMER FIBER CONTENT PAPER COVENANT

AGAINST CONTINGENT FEES (MAY 2011)

I.16 52.204‐9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.17 52.204‐10 REPORTING EXECUTIVE COMPENSATION AND FIRST‐TIER SUBCONTRACT AWARDS (OCT 2015)

I.18 52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

I.19 52.204‐14 SERVICE CONTRACT REPORTING REQUIREMENTS (JAN 2014)

I.20 52.209‐6 PROTECTING GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

I.21 52.209‐9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

I.22 52.209‐10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

I.23 52.210‐1 MARKET RESEARCH (APR 2011)

I.24 52.215‐2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010)

I.25 52.215‐8 ORDER OF PRECEDENCE‐‐UNIFORM CONTRACT FORMAT (OCT 1997)

I.26 52.215‐10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG 2011)

I.27 52.215‐11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA—MODIFICATIONS (AUG 2011)

I.28 52.215‐12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

I.29 52.215‐13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—MODIFICATIONS (OCT 2010)

I.30 52.215‐15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

I.31 52.215‐17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

I.32 52.215‐18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN

PENSIONS (JUL 2005)

I.33 52.215‐19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.34 52.215‐21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST

OR PRICING DATA—MODIFICATIONS (OCT 2010)

I.35 52.217‐8 OPTION TO EXTEND SERVICES (NOV 1999)

I.36 52.219‐4 NOTICE OF PRICE EVALUATION FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2014)

I.37 52.219‐8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)

I.38 52.219‐9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2015) ALTERNATE II (OCT 2001)

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

I.40 52.219‐16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN (JAN 1999)

I.41 52.219‐28 POST‐AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL 2013)

I.42 52.222‐3 CONVICT LABOR (JUN 2003)

I.43 52.222‐4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT‐OVERTIME COMPENSATION (MAY 2014) .. 51

I.44 52.222‐6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

I.45 52.222‐7 WITHHOLDING OF FUNDS (MAY 2014)

I.46 52.222‐8 PAYROLLS AND BASIC RECORDS (MAY 2014)

I.47 52.222‐9 APPRENTICES AND TRAINEES (JUL 2005)

I.48 52.222‐10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.49 52.222‐11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

I.50 52‐222‐12 CONTRACT TERMINATION‐DEBARMENT (MAY 2014)

I.51 52.222‐13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS

(MAY 2014)

I.52 52.222‐14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.53 52.222‐15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

I.54 52.222‐21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

I.55 52.222‐26 EQUAL OPPORTUNITY (APR 2015)

I.56 52.222‐27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

I.57 52.222‐35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

I.58 52.222‐36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

I.59 52.222‐37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

I.60 52.222‐40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) .. 62

I.61 52.222‐50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

I.62 52.222‐54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

I.63 52.222‐55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

I.64 52.223‐2 AFFIRMATIVE PROCURMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEP 2013)

I.65 52.223‐3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA – ALT I (JUL 1995) (JAN 1997)

I.66 52.223‐5 POLLUTION PREVENTION AND RIGHT‐TO‐KNOW INFORMATION (MAY 2011)

I.67 52.223‐6 DRUG‐FREE WORKPLACE (MAY 2001)

I.68 52.223‐9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA‐DESIGNATED ITEMS (MAY

2008) 73

I.69 52.223‐15 ENERGY EFFICIENCY IN ENERGY‐CONSUMING PRODUCTS (DEC 2007)

I.70 52.223‐17 AFFIRMATIVE PROCUREMENT OF EPA‐DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS (MAY 2008)

I.71 52.223‐18 PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT SUPPLIED BY THE

GOVERNMENT WHILE DRIVING (AUG 2011)

I.72 52.224‐1 PRIVACY ACT NOTIFICATION (APR 1984)

I.73 52.224‐2 PRIVACY ACT (APR 1984)

I.74 52.225‐11 BUY AMERICAN‐CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2016)

I.75 52.225‐13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I.76 52.227‐1 AUTHORIZATION AND CONSENT (DEC 2007)

I.77 52.227‐2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPY INFRINGEMENT (DEC 2007)

I.78 52.227‐4 PATENT INDEMNITY‐CONSTRUCTION CONTRACTS (DEC 2007)

I.79 52.227‐17 RIGHTS IN DATA (DEC 2007)

I.80 52.228‐2 ADDITIONAL BOND SECURITY (OCT 1997)

I.81 52.228‐5 INSURANCE WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

I.82 52.228‐11 PLEDGES OF ASSETS (JAN 2012)

I.83 52.228‐12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

I.84 52.228‐14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

I.85 52.228‐15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (OCT 2010)

I.86 52.229‐3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I.87 52.232‐5 PAYMENTS UNDER FIXED‐PRICE CONSTRUCTION CONTRACTS (MAY 2014)

I.88 52.232‐17 INTEREST (MAY 2014)

I.89 52.232‐23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.90 52.232‐27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014)

I.91 52.232‐33 PAYMENT BY ELECTRONIC FUNDS TRANSFER‐SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

I.92 52.232‐39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

I.93 52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

I.94 52.233‐1 DISPUTES‐‐ALTERNATE I (MAY 2014‐‐DEC 1991)

I.95 52.233‐3 PROTEST AFTER AWARD (AUG 1996)

I.96 52.233‐4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.97 52.236‐1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

I.98 52.236‐2 DIFFERING SITE CONDITIONS (APR 1984)

I.99 52.236‐3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

I.100 52.236‐4 PHYSICAL DATA (APR 1984)

I.101 52.236‐5 MATERIAL AND WORKMANSHIP (APR 1984)

I.102 52.236‐6 SUPERINTENDANCE BY THE CONTRACTOR (APR 1984)

I.103 52.236‐7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.104 52.236‐8 OTHER CONTRACTS (APR 1984)

I.105 52.236‐9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

I.106 52.236‐10 OPERATIONS AND STORAGE AREAS (APR 1984)

I.107 52.236‐11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

I.108 52.236‐12 CLEANING UP (APR 1984)

I.109 52.236‐13 ACCIDENT PREVENTION ALT I (NOV 1991)

I.110 52.236‐14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

I.111 52.236‐15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

I.112 52.236‐17 LAYOUT OF WORK (APR 1984)

I.113 52.236‐21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

I.114 52.236‐26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.115 52.242‐13 BANKRUPTCY (JUL 1995)

I.116 52.243‐4 CHANGES (JUN 2007)

I.117 52.244‐6 SUBCONTRACTS FOR COMMERCIAL ITEMS (FEB 2016)

I.118 52.246‐21 WARRANTY OF CONSTRUCTION (MAR 1994)

I.119 52.248‐3 VALUE ENGINEERING‐CONSTRUCTION (OCT 2015)

I.120 52.249‐2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED‐PRICE)—ALTERNATE I (APR

2012—SEPT 1996)

I.121 52‐249‐10 DEFAULT (FIXED‐PRICE CONSTRUCTION) APRIL 1984

I.122 52.253‐1 COMPUTER GENERATED FORMS (JAN 1991)

PART III – DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J ‐‐ LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K ‐‐ REPRESENTATIONS, CERTIFICATION, AND OTHER STATEMENTS OF BIDDERS

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 52.204‐20 PREDECESSOR OF OFFEROR (APR 2016)

K.4 52.209‐7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

INSTRUCTIONS FOR THE SUBMISSION OF OFFERS AND OTHER INFORMATION

A. GENERAL:

B. SUBMISSION INSTRUCTIONS:

C. PROPOSAL FORMAT:

L.1 52.204‐7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

L.2 52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)

L.3 52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2015)

L.4 52.211‐6 BRAND NAME OR EQUAL (AUG 1999)

L.5 52.215‐1 INSTRUCTIONS TO OFFERORS—COMPETITIVE (JAN 2004)

L.6 52.215‐16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

L.7 52.215‐20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST

OR PRICING DATA (OCT 2010)

L.8 1452.215‐71 USE AND DISCLOSURE OF PROPOSAL INFORMATION—DEPARTMENT OF THE INTERIOR (APR

1984) 123

L.9 52.216‐1 ‐ TYPE OF CONTRACT (APR 1984)

L.10 52.217‐5 ‐ EVALUATION OF OPTIONS (JUL 1990)

L.11 52.222‐5 – CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)

L.12 52.222‐23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

L.13 52.225‐12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (MAY 2014)

L.14 52.228‐1 BID GUARANTEE (SEP 1996)

L.15 1452.233‐2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (JUL 1996) (DEVIATION)

L.16 52.236‐27 SITE VISIT (CONSTRUCTION) – ALTERNATE I (FEB 1995)

L.17 52.236‐28 PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)

L.18 52.252‐5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

SECTION M – EVALUATION FACTORS FOR AWARD

SIGNIFICANT FACTORS AND SUBFACTORS

A. BASIS FOR AWARD:

B. EVALUATION PROCESS:

C. EVALUATION FACTORS:

D. RELATIVE IMPORTANCE OF EVALUATION FACTORS:

PART I – THE SCHEDULE

SECTION A ‐‐ SOLICITATION, OFFER, & AWARD

Solicitation, Offer, and Award (SF-1442) - pages 1- 2 of this package

SECTION B ‐‐ SUPPLIES OR SERVICES AND PRICES

B.1 CONTRACT PRICE SCHEDULE

SOLICITATION NUMBER: P16PS01023

PARK ‐ PMIS: GRTE 149677‐Water

DEVELOPED AREA: Moose, Wyoming

PROJECT TITLE: Moose Water System Improvements 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 90 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 identify 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 PRICE

SCHEDULE A

CONTRACT

LINE ITEM

NUMBER

(CLIN)

CONTRACT LINE ITEM (CLI)

TITLE

QUANTITY

UNIT OF

MEASURE

UNIT PRICE TOTAL PRICE

Lower Valley Energy Work Order

Actual Price

2 Electrical Service 1 Lump Sum

Temporary Construction Dewatering System

Temporary Lift Station and Force Main

New Sewer Mains to Moose

WWTP

Moose Wastewater Treatment Plant

7 WWTP Discharge Force Main 1

Visitor’s Center Gravity Sewer and IT Office Pressure Sewer

Removal of Temporary Lift Station

TOTAL BASE PRICE (Contract Line Item Number 1 through 9) ------------------------------------

BID OPTION A - Demolition of the Existing WWTP and Water Lab Building

TOTAL BID OPTION (Contract Line Item Number 10) ------------------------------------

TOTAL PROPOSED PRICE – SCHEDULE A ‐BASE PLUS ALL OPTIONS (Contract Line Item Numbers 1 through 10) ------------------------------------

All measurement and payment information is included in the project specifications, Section 012700.

CONTRACT PRICE SCHEDULE B

CONTRACT

LINE ITEM

NUMBER

(CLIN)

CONTRACT LINE ITEM (CLI)

TITLE

QUANTITY

UNIT OF

MEASURE

UNIT PRICE TOTAL PRICE

11 Taggart Wells 1

12 Taggart Well House 1

Electrical Service - Taggart Well House (by Utility)

14 Taggart Tank 1

Electrical Service - Taggart Tank (by Utility)

Moose Water Transmission Pipeline

Demolition of Existing Water Facilities

TOTAL BASE PRICE (Contract Line Item Number 11 through 17) ----------------------------------

BID OPTION A - 4 Lazy F Water Distribution Pipeline

BID OPTION B - Fiber Optic Conduit

BID OPTION C - Moose Meter Vault

TOTAL PRICE FOR ALL OPTIONS (Contract Line Item Numbers 18 through 20) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

TOTAL PROPOSED PRICE – SCHEDULE B ‐BASE PLUS ALL OPTIONS (Contract Line Item Numbers 11 through 20) ‐‐‐‐‐‐‐‐‐‐‐‐‐

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

TOTAL PROPOSED PRICE – SCHEDULE A and SCHEDULE B BASE PLUS ALL OPTIONS (Contract Line Item Numbers 1 through 20)

LUMP SUM $__________________________________

SECTION C ‐‐ DESCRIPTIONS AND SPECIFICATIONS

C.1 PROJECT SPECIFICATIONS

THE WORK OF THIS CONTRACT IS A DESIGN BID BUILD FOR THE REPLACEMENT OF THE MOOSE WASTE WATER SYSTEM & ADDRESS CRITICAL SYSTEM DEFICIENCIES, GRTE 149677, GRAND TETON NATIONAL

PARK, MOOSE, WYOMING.

Work includes the following:

The construction of a new 60,000 gpd membrane biological reactor type of activated sludge wastewater treatment plant; new 4 inch diameter HDPE raw sewage force main; 8 inch diameter PVC gravity sewer; 4inch diameter HDPE treated water force main;

necessary appurtenances for a complete wastewater treatment facility; and the demolition of the existing Moose wastewater treatment plant when the new facilities are completed and operational. Also included in this component is the requirement to install a temporary lift station, the sewer force main bypass and connect to the existing WWTP force main. Installation of the lift station will need to occur during periods of low groundwater to minimize dewatering. This phase will need to be tested and accepted for operation prior to the start of the next phase

The second component of this requirement consists of the construction of a new water system infrastructure including two 150 gpm wells; a 520 square foot Well House building with electrical and chemical treatment rooms; 300,000 gallon buried concrete water storage tank; installation of approximately 17,100 and 5,525 lineal feet of 12 inch and 8 inch diameter HDPE water transmission main, respectively; electrical and fiber conduits; and telemetry based SCADA control system.

In addition work will include the demolition of existing water system infrastructure including Taggart Well No. 1, the Taggart Well House, a 50,000 gallon insulated above ground steel water storage tank (Taggart Tank), 100,000 gallon buried concrete water storage tank (Windy Point Tank) and existing utility vaults as indicated in the construction drawings.

Completion of each item includes all materials, labor, reclamation, transportation, material processing plants, equipment, royalties, warranties, O&M manuals, and incidentals necessary to complete the Work as described in the construction drawings and these specifications.

Lastly the contractor will be responsible to obtain and pay for all permits and fees from the state and local authorities, including utility and construction permits, fees, and inspections, whether temporary or permanent. Contractor is responsible to include in the bid amount any costs associated with work by Utility Companies.

SPECIFICATIONS AND DRAWINGS ARE ATTACHED AND INCORPORATED HEREIN BY REFERENCE, SEE

SECTION J.

SECTION E ‐‐ INSPECTION AND ACCEPTANCE

E.1 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.

1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 540 calendar days. The time stated for completion shall include final cleanup of the premises.

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, the Contractor shall pay liquidated damages to the Government in the amount of $1,400.00 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 EXTENSION (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.

SECTION G ‐‐ CONTRACT ADMINISTRATION DATA

G.1 1452.201‐70 AUTHORITIES AND DELEGATIONS (SEP 2011)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without 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‐DEPT OF INTERIOR (JUL 1996)

(a) 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.

(a) 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.

(b) 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.

(c) We request that you furnish the Contracting Officer 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. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) 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 http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 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." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) 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 Contracting Officer for instructions.

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

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer 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 30-day review period.

(h) 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.

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment 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 Condition - Commercial Items including 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

NPS Pay Estimate Form Current / updated Schedule of Values

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone

(866) 973-3131.

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

SECTION H ‐‐ SPECIAL CONTRACT REQUIREMENTS

H.1 OPTION FOR ADDITIONAL SERVICES – SEPARATELY PRICED LINE ITEMS

The Government may require the delivery of the numbered line items identified in the Schedule as option items at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by written notice to the Contractor within 90 days after contract award. Performance of added line item tasks shall be at the price negotiated in the contract Schedule.

H.2 KEY PERSONNEL

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

Project Manager Site Superintendent Quality Control Manager

(b) During the first ninety (90) calendar days of period 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 fifteen (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 fifteen (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 fifteen (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.3 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 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.

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

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

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

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

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

H.5 WAGE RATES

See Section J, Attachment #3

PART II ‐‐ CONTRACT CLAUSES

SECTION I ‐‐ CLAUSES

I.1 1452.203‐70 RESTRICTIONS ON ENDORSEMENTS‐DEPT OF INTERIOR (JUL 1996)

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

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

1984)

(a) 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.

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.4 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.5 52.203‐3 GRATUITIES (APR 1984)

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

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

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

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

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

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

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

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

I.6 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.