P16PS01436.docx

P16PS01436 – Underpinning of Administration Building #1 - GWMP

SECTION A – SOLICITATION, OFFER AND AWARD

This is a competitive, negotiated acquisition. The government reserves the right to award without negotiations.

The NPS National Capital Region is requesting proposals for the work described herein.

Pursuant to FAR 52.228-15, performance and payment bonds are required in 100% of the value of the contract. Also, the contractor must submit a certificate of insurance with the appropriate coverage. Insurance must be maintained throughout the life of the contract. The contractor must submit the bonding and insurance to the Contracting Officer within 10 calendar days of receipt of the award notice.

SUBMISSION OF DOCUMENTS: Your offer must include the following:

SF-1442, Solicitation, Offer and Award and SF-24, Bid Bond.

Respondents must have the Representation and Certifications in SAM.gov, (see Section K below), completed and updated prior to award.

Respondents must include a summary of Past Performance that includes the items listed in Section M.

SUBMITTING AN OFFER:

The proposal due date is July 15, 2016, at 1400 (2:00 PM ET). Hand delivered proposals should take into consideration that the depository is at a Federal facility and the deliverer will be required to go through security before entering the building. Proposals should be sent to the attention of Stacey Rickard, Contracting Officer, DOI, NPS, NCR Eastern MABO, 1100 Ohio Drive SW, Contracting Annex, Washington, DC, 20242; stacey_rickard@nps.gov.

A pre-proposal site visit is scheduled for Thursday, June 23, 2016, at 10:00 AM ET. The location of this pre-proposal site visit is the George Washington Memorial Parkway Maintenance Facility conference room, 2700 George Washington Memorial Parkway, Arlington, Virginia, 22202.

All questions regarding this solicitation must be submitted in writing to the Contracting Officer. Questions must be submitted by July 1, 2016, at 1400 (2:00 PM ET). Questions submitted after this time may NOT be considered.

SECTION B - SUPPLIES OR SERVICES AND PRICES

The contractor shall provide all labor, supervision, supplies and materials, transportation, etc., necessary to provide the construction services as described herein. The contractor will be required to self-perform, at a minimum, 15% of the work in accordance with FAR 52.219-14.

Offerors are required to submit, at a minimum, an offer that conforms to the solicitation documents.

The price proposal shall include a lump sum price for all of the work required herein along with a cost breakdown as structured on the attached bid sheet. Payment will be made only for actual quantities of work completed.

SECTION C – STATEMENT OF WORK

The entire Specification/Drawing package is attached.

SECTION D - PACKING AND MARKING

D.1 Payment of Postage and Fees All postage and fees related to submitting information forms, reports, etc., to the CO or the COR shall be paid by the contractor.

D.2 Marking All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 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 re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

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

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

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

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

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

(End of clause)

E.2 Failure to Perform:

In the event work is performed unsatisfactorily, the contractor will be requested to correct the deficiencies. The COR will set the time frame for the deficiency to be corrected (for example 48 hours). If the work remains deficient, the COR may have the work accomplished by other means and deduct the cost thereof from the monthly payment. Note: This cost will include the administrative time used to get the work accomplished.

E.2 Applicable Clauses 52.246-04 Inspection of Services – Fixed Price.

52.246-11 Higher-Level Contract Quality Requirement.

52.246-12 Inspection of Construction.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Place of Performance

The services to be provided by this contract shall be accomplished at:

· GWMP – George Washington Memorial Parkway

F.2 Deliverables

Submittals, O&M manuals and other documents as outlined in the Specifications and as listed on the attached Submittal Log, leading to a completed and satisfactory project.

F.3 Term of Contract

The government anticipates award of a firm fixed price contract in accordance with the requirements, Specifications/Drawings and regulations set forth herein. The anticipated period of performance will not exceed 120 days from issuance of the Notice to Proceed.

F.4 Applicable Clauses 52.242-17 Government Delay of Work

SECTION G. Contract Administration Data

G.1 Contract Administration Contracting Officer (CO) responsible for this order:

Stacey Rickard National Park Service NCR – Eastern MABO 1100 Ohio Drive, SW Washington, DC 20242 Telephone Number: (202) 619-7253 Email: stacey_rickard@nps.gov

Contract Administrator (CA) responsible for administering this order:

Stacey Rickard, Contracting Officer

Contracting Officer’s Representative (COR) for this order:

Luis Teran, Project Manager (COR Certified) NPS, George Washington Memorial Parkway 2700 George Washington Memorial Parkway Arlington, Virginia 22202 Office: 703-419-6420 Cell: 202-359-1574 E-mail: luis_teran@nps.gov

The Contracting Officer's Representative (COR) will be designated in writing at the time of award along with his responsibilities and limitations. The COR assists in the administration of the contract and other duties as assigned by the Contracting Officer.

G.2 Travel Contractor will be responsible for all travel related expenses for this project, including mobilization of equipment, tools, materials, manpower, lodging, meals, and per diem.

SECTION H. Special Contract Requirements

H.1 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (September 2011)

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: Contractor’s Pay Application, Certified Payrolls, and Release of Claims form with Final Pay Application.

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 CCR) 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 Template)

H.2 Special Terms and Conditions In accordance with FAR 52.236-14, Availability and Use of Utility Services, the following utility services will be made available under this contract: Electricity and Water.

H.3 Generic Gender Terminology Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as "it" or "their".

H.4 Safety The Contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Occupational Safety and Health Act (OSHA) or Federally approved State equivalent(s) thereof; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA) and Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

H.5 Progress Meetings

(a) The Contractor shall be available to meet with the CO or his/her representative at the job site during construction to discuss work progress.

(b) Meetings will be scheduled by the CO with timely notification to the Contractor.

(c) At the progress meetings, the Contractor shall give oral reports of the progress on the project to the CO. If the work is behind schedule, the Contractor shall be prepared to (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule; or, if necessary (iii) to propose a revised work schedule.

H.6 Payrolls The Contractor must furnish copies of his weekly payrolls to the CO. Payroll submission is required weekly, seven (7) days after close of payroll period.

H.7 Operation of Facility During Construction Construction activities must not interrupt the function and day-to-day operations of the facility during construction. The contractor must coordinate with the COR for any temporary measures. All temporary measures employed shall be at the Contractor's expense and shall be removed upon completion of the contract.

H.8 Work Hours Normal work hours are from 7:00 a.m. through 4:30 p.m., Monday through Friday, unless otherwise authorized. Contractor will not be permitted to work at the job site on Saturday, Sunday or legal holidays unless otherwise authorized by the CO.

H.9 Use of Premises

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Government land or lands administered by the Government, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

(b) Unless provided otherwise, the Contractor shall provide and maintain sanitation facilities for the workforce at the site. Solid waste shall be disposed of in accordance with applicable Federal, State, and local regulations.

H.10 Maximum Work Week The maximum workweek that will be approved is 40 hours. The Contractor's proposed hours of work are to include daily starting and stopping times.

H.11 Samples and Certificates When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall both be used in the work until approved in writing by the Contracting Officer.

H.12 Excavation and Utility Clearances The Chief of Maintenance or Facility Manager, for each park, shall ensure that the Contractor is provided with necessary excavation and utility clearances. The Contractor shall request such clearances and staking in writing to the Contracting Officer no less than ten (10) calendar days prior to the date which he/she anticipates commencement of work. The Contractor will not proceed with excavation of any kind until such clearances have been issued. Clearances will be valid from the date of issue or completion of, or otherwise directed by the issuing authority.

H.13 Disposal Debris, rubbish, and non-usable material resulting from work under this contract shall be disposed in a manner that meets federal, state and local laws.

H.14 Contractor Employees

(a) The Contractor shall provide the Contracting Officer with the name(s) of the responsible Site Superintendent authorized to act for the Contractor.

(b) The Contractor shall furnish sufficient personnel to perform, supervise and manage all work.

(c) Contractor employees shall conduct themselves in a proper, efficient, courteous and business-like manner.

(d) The Contractor shall remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to public interest or inconsistent with the National Park Service.

H.15 Permits The contractor shall, without additional expense to the government, obtain all appointments, licenses, and permits required to perform work under this contract. The Contractor shall comply with federal, state and local laws. Evidence of such permits and licenses shall be provided to the Contracting Officer before work commences, or as requested.

H.16 Quality of Work Workmanship shall be of the highest quality and best practices of the trade. Contractor shall conform to all requirements of applicable state and county codes, as well as applicable codes of the National Fire Protection Association. All replacement materials shall conform to the manufacturer specifications and standards. Substitute items shall be equal to or better that the original material and must be approved by the Government.

H.17 Completion of Work The time stated for completion of the project includes all materiel procurement, payroll records, corrections of all discrepancies (Punch List Items), and final clean up on premises as stated in the clause "Commencement, Prosecution and Completion of Work", FAR 52.211-10 (APR 1984) Section F.

H.18 Material Approval Submittals The submittals contemplated by the clause herein entitles "Materials and Workmanship", FAR 52.236-5 (APR 1984), Section I, shall be submitted to the Contracting Officer through the COR in five (5) copies. Document number 006211 entitled "Submittal Transmittal Form" shall be used. Contractor shall re-submit any disapproved submittals within seven (7) calendar days of disapproval.

H.19 Archeological Findings Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found within the construction area, are the property of, and will be removed only by, the Government. Should Contractor's operations uncover or his employees find any archeological remains, Contractor shall suspend operations at the site of discovery; notify Contracting Officer immediately of the findings; and continue operation in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for the contractor, he will be compensated by an equitable adjustment under the General Provision of the Contract.

SECTION I – CONTRACT CLAUSES

52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)

52.204-1 Approval of Contract. (DEC 1989)

This contract is subject to the written approval of Contracting Officer and shall not be binding until so approved.

(End of clause)

52.204-2 Security Requirements. (AUG 1996) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (AUG 2012) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.208-8 Required Sources for Helium and Helium Usage Data. (APR 2002) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services. (OCT 2008) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (FEB 2012) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (MAY 2012)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the Notice to Proceed or as otherwise stated herein, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 days after the start date on the Notice to Proceed, including final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages – Construction. (SEP 2000) 52.211-13 Time Extensions. (SEP 2000) 52.211-15 Defense Priority and Allocation Requirements. (APR 2008) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.215-2 Audit and Records - Negotiation. (OCT 2010) -- Alternate I (MAR 2009) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications. (OCT 2010) 52.216-24 Limitation of Government Liability. (APR 1984) 52.216-25 Contract Definitization. (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-27 Notice of Total Service Disabled Veteran-Owned Small Business Set-aside. (MAY 2004) 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997) 52.222-3 Convict Labor. (JUN 2003) 52.222-6 Davis-Bacon Act. (JUL 2005) 52.222-12 Contract Termination - Debarment. (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (FEB 1988) 52.222-19 Child Labor - Cooperation with Authorities and Remedies. (MAR 2012) 52.222-20 Walsh-Healey Public Contracts Act. (OCT 2010) 52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

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

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade 5% Goals for Female Participation for Each Trade 5%

These goals are applicable to all of the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is Arlington County, Virginia.

(End of provision)

52.222-26 Equal Opportunity. (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999) 52.222-29 Notification of Visa Denial. (JUN 2003) 52.222-35 Equal Opportunity for Veterans. (SEP 2010) 52.222-36 Affirmative Action for Workers With Disabilities. (OCT 2010) 52.222-37 Employment Reports on Veterans. (SEP 2010) 52.222-50 Combating Trafficking in Persons. (FEB 2009) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015) 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-7 Notice of Radioactive Materials. (JAN 1997) 52.223-11 Ozone-Depleting Substances. (MAY 2001) 52.223-12 Refrigeration Equipment and Air Conditioners. (MAY 1995) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.224-1 Privacy Act Notification. (APR 1984) 52.224-2 Privacy Act. (APR 1984) 52.225-5 Trade Agreements. (NOV 2012) 52.225-8 Duty-Free Entry. (OCT 2010)

52.225-9 Buy American—Construction Materials (MAY 2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material Domestic construction material

Item 2:

Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] (End Clause)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.225-14 Inconsistency between English Version and Translation of Contract. (FEB 2000) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representations and Certifications. (OCT 2015) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) 52.227-1 Authorization and Consent. (DEC 2007) 52.227-3 Patent Indemnity. (APR 1984) - Alternate III (JUL 1995) 52.227-14 Rights in Data--General. (DEC 2007) 52.227-16 Additional Data Requirements. (JUN 1987) 52.227-23 Rights to Proposal Data (Technical). (JUN 1987) 52.228-1 Bid Guarantee (SEP 1996) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-8 Liability and Insurance - Leased Motor Vehicles. (MAY 1999) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-14 Irrevocable Letter of Credit. (DEC 1999)

52.228-15, Performance and Payment Bonds – Construction (Nov 2006)

(a) Definitions. As used in this clause— “Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.232-1 Payments. (APR 1984) 52.232-8 Discounts for Prompt Payment. (FEB 2002) 52.232-11 Extras. (APR 1984) 52.232-18 Availability of Funds. (APR 1984) 52.232-23 Assignment of Claims. (JAN 1986) 52.232-24 Prohibition of Assignment of Claims. (JAN 1986) 52.232-27 Prompt payment for Construction Contracts. (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003) 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information. (MAY 1999) 52.232-36 Payment by Third Party. (FEB 2010) 52.232-37 Multiple Payment Arrangements. (MAY 1999) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.233-1 Disputes. (JUL 2002) 52.233-2 Service of Protest. (SEP 2006) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-4 Physical Data. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-16 Quantity Surveys. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-27 Site Visit (Construction). (FEB 1995) 52.236-28 Preparation of Proposals-Construction. (OCT 1997) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.237-3 Continuity of Services. (JAN 1991) 52.237-4 Payment by Government to Contractor. (APR 1984) 52.237-7 Indemnification and Medical Liability Insurance. (JAN 1997) 52.239-1 Privacy or Security Safeguards. (AUG 1996) 52.241-2 Order of Precedence - Utilities. (FEB 1995) 52.241-12 Nonrefundable, Nonrecurring Service Charge. (FEB 1995) 52.242-13 Bankruptcy. (JUL 1995) 52.242-14 Suspension of Work. (APR 1984) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.243-7 Notification of Changes. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (DEC 2010) 52.245-1 Government Property. (APR 2012) 52.245-2 Government Property Installation Operation Services. (APR 2012) 52.245-9 Use and Charges. (APR 2012) 52.246-1 Contractor Inspection Requirements. (APR 1984) 52.246-12 Inspection of Construction. (APR 1996) 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996) 52.246-21 Warranty of Construction. (MAR 1994) 52.246-23 Limitation of Liability. (FEB 1997) 52.246-25 Limitation of Liability - Services. (FEB 1997) 52.247-2 Permits, Authorities, or Franchises. (JAN 1997) 52.247-7 Freight Excluded. (APR 1984) 52.247-17 Charges. (APR 1984) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.249-12 Termination (Personal Services). (APR 1984) 52.249-14 Excusable Delays. (APR 1984) 52.250-1 Indemnification Under Public Law 85-804. (APR 1984) 52.250-5 SAFETY Act - Equitable Adjustment. (FEB 2009) 52.251-1 Government Supply Sources. (APR 2012)

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far (End of clause)

52.252-4 Alterations in Contract. (APR 1984) Portions of this contract are altered as follows: [ ] (End of clause)

52.252-6 Authorized Deviations in Clauses. (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any [insert regulation name] (48 CFR [ ]) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

52.253-1 Computer Generated Forms. (JAN 1991)

SECTION J – LIST OF ATTACHMENTS

1. Specifications

2. Drawings

3. Submittal Log

4. Bid Sheet

5. General Decision Wage Determination VA160086 02/19/2016 VA86

SECTION K – REPRESENTATION AND CERTIFICATIONS

Contractors must have a completed and updated Online Representation and Certifications Application (ORCA) on SAM.gov.

SECTION L – INSTRUCTIONS

FAR 52.215-1 Instructions to Offerors—Competitive Acquisition. (JAN 2004)

(a) Definitions. As used in this provision— “Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2)…