WRBR_152008_SOLICITATION_P16PS01341.pdf

WRIGHT BROTHERS NATIONAL

MEMORIAL

Dare County, North Carolina

Solicitation No. P16PS01341

Rehabilitate Wright Brothers Visitor Center

WRBR 152008

REQUEST FOR PROPOSAL

NATIONAL PARK SERVICE

DENVER SERVICE CENTER

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

P16PS01341

2. TYPE OF SOLICITATION

ADVERTISED (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

08/1/2016

PAGE OF PAGES

IMPORTANT The “offer” section on the reverse must be fully completed by offeror.

4, CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST

6. PROJECT NO.

WRBR 152008

7. ISSUED BY CODE 8. ADDRESS OFFER TO:

National Park Service Denver Service Center, Contracting Services (DSC-CS) 12795 West Alameda Parkway, Room 311 P.O. Box 25287 Denver, Colorado 80225-0287

National Park Service Denver Service Center, Contracting Services (DSC-CS) 12795 West Alameda Parkway, Room 311 P.O. Box 25287 Denver, Colorado 80225-0287

9. FOR INFORMATION

CALL:

A. NAME

Tim Burger, Contract Specialist

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 303/987-6758 timothy_burger@nps.gov

SOLICITATION

NOTE: In advertised solicitations “offer and offeror” mean “bid” and “bidder”.

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

Park Alpha and PMIS Number and Project Title:

WRBR 152008 Rehabilitate Wright Brothers Visitor Center

Service-Disabled Veteran-Owned Small Business Set-Aside

NAICS 236220, Size Standard $36.5M

Estimated Price Range: Between $5,000,000 and $10,000,000.

SITE VISIT: August 9, 2016 @ 8:00AM-11:00PM EST

Proposals may be submitted electronically to Aaron Adams at Aaron_Adams@nps.gov and Tim Burger at Timothy_Burger@nps.gov

11. The Contractor shall begin performance within 15 calendar days and complete it within 365 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F)

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in to perform the work required are due at the place specified in Item 8 by 12:00 pm Mountain Time, September 2, 2016. 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.

B. An offer guarantee is, is not required.

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.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will be considered nonresponsive and will be rejected.

STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA – FAR (48 CFR) 53.236-1(d) mailto:Aaron_Adams@nps.gov mailto:Timothy_Burger@nps.gov

STANDARD FORM 1442 (REV. 4-85)

OFFER (Must be fully completed by offeror) Page 3 of 141

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code) and eMail address Telephone: eMail:

DUNS:

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

CODE FACILITY CODE

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 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.)

AMOUNTS

18. The offeror agrees (a) to carry out this offer if the Government accepts it by signing Item 31B within the time specified in Item 13D, and (b) to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(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. NEGOTIATED PURSUANT TO

10 USC 2304(a) ( ) 41 USC 252(c) ( 5 )

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

National Park Service Denver Service Center, Contracting Services (DSC-CS) 12795 W. Alameda Pkwy, P.O. Box 25287 Denver, Colorado 80225-0287

Invoice Processing Platform System US Department of Treasury http://www.ipp.gov

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __________ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform work, requisitions identified on this form and any continuation sheets for the consideration slated 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, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award con-summates 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

BY

31C. AWARD

DATE

Solicitation Document No.

Document Title

WRBR 152008 Rehabilitate Wright Brothers Visitor Center

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICE/ COSTS

B.1 CONTRACT PRICE SCHEDULE AND INSTRUCTIONS

SECTION C – DESCRIPTION/ SPECIFICATIONS / STATEMENT OF WORK

C.1 STATEMENT OF WORK/PROJECT SPECIFICATIONS

SECTION E – INSPECTION AND ACCEPTANCE

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

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APRIL 1984) 14

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

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

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

F.5 52.242-15 STOP WORK ORDER (AUG 1989)

SECTION G – CONTRACT ADMINISTRATION DATA

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

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

G.3 NOTICE TO CONTRACTORS RE: CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM (FROM DOI AAAP-0050)…………………………………………………………… 17

G.4 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT

PLATFORM (IPP) (APR 2013) (FROM DOI AAAP 0028)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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

1996)…………………………………………………………………………………………………………………19

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

1984)…………………………………………………………………………………………………………………19

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

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

INTERIOR (JUL 1996)

H.5 KEY PERSONNEL

SECTION I – CONTRACT CLAUSES

I.1 52.202-01 DEFINITIONS (NOV 2013)

I.2 52.203-03 GRATUITIES (APR 1984)

I.3 52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.4 52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT

2006)…………………………………………………………………………………………………………………22

I.5 52.203-07 ANTI-KICKBACK PROCEDURES (MAY 2014)

I.6 52.203-08 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY

2014)…………………………………………………………………………………………………………………23

I.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

I.9 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

I.10 52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

I.11 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEE OF WHISTLEBLOWER RIGHTS (APR 2014)

I.12 52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER CONTENT PAPER . 30

I.13 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) 31

I.14 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2015)

I.15 52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE (DEC 2012) .. 33

I.16 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

I.17 52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

I.18 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JUL 2013)

I.19 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

I.20 52.210-1 MARKET RESEARCH (APR 2011)

I.21 52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010)

I.22 52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT 1997)

I.23 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG

2011)…………………………………………………………………………………………………………………39

I.24 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

I.25 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

I.26 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.27 52.217-5 EVALUATION OF OPTIONS

I.28 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)

I.29 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-

ASIDE (NOV 2011)

I.30 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)..44

I.31 52.222-03 CONVICT LABOR (JUNE 2003)

I.32 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT – OVERTIME

COMPENSATION (MAY 2014)

I.33 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

I.34 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

I.35 52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

I.36 52.222-9 APPRENTICES AND TRAINEES (JULY 2005)

I.37 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.38 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

I.39 52.222-12 CONTRACT TERMINATION—DEBARMENT (MAY 2014)

I.40 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND

RELATED REGULATIONS (MAY 2014)

I.41 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.42 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

I.43 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

I.44 52.222-26 EQUAL OPPORTUNITY (APR 2015)

I.45 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

(APR 2015)

I.46 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

I.47 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

I.48 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

I.49 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

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

I.51 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

I.52 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

I.53 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEPT 2013)

I.54 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN

1997) ALTERNATE 1 (JULY 1995)

I.55 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

I.56 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.57 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR

EPA-DESIGNATED ITEMS (MAY 2008) ALTERNATE I (MAY 2008)

I.58 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

I.59 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (MAY 2008)

I.60 52.223.-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

I.61 52.223-21 FOAMS (JUN 2016)

I.62 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS (MAY 2014)

I.63 52.225-10 NOTICE OF BUY AMERICAN ACT-CONSTRUCTION MATERIALS (MAY 2014)

I.64 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)

I.65 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I.66 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRIGEMENT (DEC 2007)

I.67 52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007)

I.68 52.227-17 RIGHTS IN DATA – SPECIAL WORKS (DEC 2007)

I.69 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

I.70 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

I.71 52.228-11 PLEDGES OF ASSETS (JAN 2012)

I.72 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

I.73 52.228-14 IRREVOCABLE LETTER OF CREDIT (MAY 2014)

I.74 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (OCT 2010)

I.75 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I.76 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

I.77 52.232-17 INTEREST (MAY 2014)

I.78 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.79 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014)

I.80 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (JUL 2013)

I.81 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

I.82 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

I.83 52.233-1 DISPUTES (MAY 2014) ALTERNATE I (DEC 1991)

I.84 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.85 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.86 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

I.87 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.88 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR

1984)…………………………………………………………………………………………………………………99

I.89 52.236-4 PHYSICAL DATA (APR 1984)

I.90 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.91 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

I.92 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.93 52.236-8 OTHER CONTRACTS (APR 1984)

I.94 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984)

I.95 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

I.96 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

I.97 52.236-12 CLEANING UP (APR 1984)

I.98 52.236-13 ACCIDENT PREVENTION (NOV 1991) ALTERNATE I (NOV 1991)

I.99 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

I.100 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

I.101 52.236-17 LAYOUT OF WORK (APR 1984)

I.102 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

ALTERNATE I (APR 1984)

I.103 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.104 52.242-13 BANKRUPTCY (JULY 1995)

I.105 52.243-4 CHANGES (JUNE 2007)

I.106 52.243-6 CHANGE ORDER ACCOUNTING (APR 1984)

I.107 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

I.108 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2016)

I.109 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

I.110 52.248-3 VALUE ENGINEERING—CONSTRUCTION (OCT 2015)

I.111 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(APR 2012) ALTERNATE 1 (SEPT 1996)

I.112 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

I.113 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

SECTION J – LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENT OF OFFERORS . 117

K.1 LOCAL PROVISION 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS – REPRESENTATION (FEB

2015)……………………………………………………………………………………………………………….117

K.2 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEPT 2007)

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

K.4 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)

K.5 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

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

K.7 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATION

(OCT 2015)

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

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

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

OF THE INTERIOR (APR 1984)

L.2 DIAR 1452.233-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (JUL 1996)

(DEVIATION)

L.3 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM NUMBER (JUL 2013)

L.4 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

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

L.6 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

L.7 52.216-1 TYPE OF CONTRACT (APR 1984)

L.8 52.222-5 DAVIS-BACON ACT—SECONDARY SITE OF THE WORK (MAY 2014)

L.9 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

L.10 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

L.11 PROPOSAL SUBMISSION REQUIREMENTS

SECTION M – EVALUATION FACTORS FOR AWARD

SECTION B – SUPPLIES OR SERVICES AND PRICE/ COSTS

B.1 CONTRACT PRICE SCHEDULE AND INSTRUCTIONS

CONTRACT PRICE SCHEDULE

SOLICITATION NUMBER: P16PS01341

PARK - PMIS: WRBR - 152008

PROJECT LOCATION: Wright Brothers National Memorial

PROJECT TITLE: Rehabilitate Wright Brothers Visitor Center

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.

CONTRACT

LINE ITEM

NUMBER

(CLIN)

CONTRACT LINE ITEM (CLI)

TITLE QUANTITY UNIT OF

MEASURE UNIT PRICE TOTAL PRICE

1 Foundations 1 Lump Sum

2 Superstructure 1 Lump

3 Exterior Closure 1 Lump

4 Ext. Plywood Sheathing Repl. SF

5 Ext. Channel Lap Siding Repl. SF

6 Roofing 1 Lump

7 Interior Construction 1 Lump

8 Interior Finishes 1 Lump

9 Plumbing Systems 1 Lump

10 HVAC 1 Lump

11 Fire Protection 1 Lump

12 Electrical 1 Lump

13 Selective Building Demolition 1 Lump

14 Site Improvements 1 Lump

15 Site Mechanical Utilities 1 Lump

16 Site Electrical Utilities 1 Lump

SUB-TOTAL BASE PRICE (Contract Line Item Number 1 through 16) ----------------------------

17 OPTION 1: TPO Roofing in lieu of Modified Bitumen Roofing 1 Lump

OPTION 2: Provide Plaster Ceilings in Interior in lieu of Gypsum Wallboard

1 Lump

OPTION 3: Provide Stainless Steel Doors in lieu of Hollow Metal Doors

1 Lump

20 OPTION 4: LEED Gold Contractor Requirements 1 Lump

21 OPTION 5: Renewable Energy Certificates 1 Lump

22 OPTION 6: Provide 10% Photovoltaic Power 1 Lump

23 OPTION 7: Provide Rainwater Harvesting System 1 Lump

TOTAL PRICE FOR ALL OPTIONS (Contract Line Item Numbers 17 through 23) --------------------------------

TOTAL COST PROPOSED PRICE - BASE PLUS ALL OPTIONS (Contract Line Item Numbers 1 through 23

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

SECTION C – DESCRIPTION/ SPECIFICATIONS / STATEMENT OF WORK

C.1 STATEMENT OF WORK/PROJECT SPECIFICATIONS

The proposed project is to rehabilitate the existing 9,600 square foot historic visitor center which serves approximately 500,000 visitors annually. The project goals are to preserve and restore the building’s existing architecturally significant features, and rehabilitate the buildings mechanical and electrical systems to comply with modern building, life safety and accessibility codes, upgrade utilities to support the above, and meet current and future programmatic demands.

Specifications and Drawings are attached and incorporated herein; see Section J, Attachments 1 and 2.

SECTION E – INSPECTION AND ACCEPTANCE

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

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

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

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APRIL 1984)

The Contractor shall be required to (a) commence work under this contract within 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 270 days from Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

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

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

(End of clause)

F.3 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.

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.

F.5 52.242-15 STOP WORK ORDER (AUG 1989)

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

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

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

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

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

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

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

SECTION G – CONTRACT ADMINISTRATION DATA

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

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

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

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

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

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

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

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

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

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

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

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of template)

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

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

G.3 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 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html

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.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/

G.4 DOI AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT

PLATFORM (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:

• Pay Estimate Form – (Sample Construction Fill-In Form Provided to Contractor at the Pre-Construction Meeting) – attachment and hard copy to the Contracting Officer and the Contracting Officer’s Representative

• Schedule of Values – attachment and hard copy to the Contracting Officer and the Contracting Officer’s Representative

• Construction Project Schedule -- submitted as a hard copy to Contracting Officer and Contracting Officer’s Representative under separate cover

• Certified Payroll Records -- submitted as a hard copy to Contracting Officer under separate cover

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)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 1452.203-70 RESTRICTIONS ON ENDORSEMENTS – DEPARTMENT 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.

H.2 1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF INTERIOR (APR 1984)

For purposes of the Audit and Records - Negotiation clause of this contract (FAR 52.215-2), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.

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

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

Employer's liability $100,000

General liability $500,000

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

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

Aircraft public and passenger liability, when aircraft used in connection with the performing this contract Per person $200,000 Per occurrence for bodily injury $500,000 Per occurrence for property damage $200,000 Passenger liability bodily injury $200,000 (multiplied by number of seats or passengers, whichever is greater)

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

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

INTERIOR (JUL 1996)

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

H.5 KEY PERSONNEL

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

Program Manager – Project Manager – Superintendent – Quality Control Manager – Safety Manager –

(b) During the first ninety (90) calendar days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial ninety (90) calendar day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer as least 15 days prior to making any permanent substitutions.

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

SECTION I – CONTRACT CLAUSES

I.1 52.202-01 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.2 52.203-03 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 paragraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

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

I.3 52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

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

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

“Bona fide employee,” as used in this clause, means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 https://acquisition.gov/far/current/html/FARTOCP31.html#wp253693 exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

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

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

I.4 52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT 2006)

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

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

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

I.5 52.203-07 ANTI-KICKBACK PROCEDURES (MAY 2014)

(a) Definitions.

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

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

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

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

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

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

“Subcontractor,” as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract…