Sol_P16PS01658.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

NPS, MWR - Missouri MABO

413 S. 8th Street

Springfield IL 62701

PMM

Kathryn M. Logsdon, Contracting Officer

Submit Offer Electronically via E-mail to:

kathryn_logsdon@nps.gov

Kathryn Logsdon 217/391-3225

1x 09/06/2016

P16PS01658

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

SOLICITATION NUMBER: Request for Proposal (RFP) P16PS01658

PROJECT TITLE: FOSM Historic Courthouse Repointing/Tuckpointing and Waterproofing

Project

LOCATION: The location where work is to be performed is Fort Smith National

Historic Site, Historic Courthouse/Visitor Center, 301 Parker Avenue, Fort Smith, Arkansas 72901

DESCRIPTION: The work will consist of the Contractor providing all labor, supervision, materials, tools, equipment, supplies, and other items, services and incidentals necessary to Repoint/Tuckpoint the exterior and interior brick wall surfaces of the Historic Courthouse, and apply waterproofing/sealer material(s) to interior Courthouse wall surfaces. The project documents provide specifications and work requirements to repoint/tuckpoint historic masonry joints that provide for the ability for moisture transfer throughout historic masonry wall surfaces. The project shall be performed to prevent further deterioration of the brick facing, irrevocable decay, and to preserve the mortar integrity. The Historic Courthouse was constructed during two distinctly different time periods; a mortar analysis will

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 60 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

09/16/2016

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

NPS, MWR - Missouri MABO 413 S. 8th Street

Springfield IL 62701

PMM

Kathryn Logsdon

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 50

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P16PS01658

be required to ensure historically accurate mortar, profile, and color are matched.

The project is to repoint/tuckpoint 2,000 +/-square feet of interior and exterior brick mortar joints and, apply a waterproofing/sealer product to 1,000 +/- square feet of interior wall surfaces. The area(s) to be repointed/tuckpointed are located at the Visitor

Center exterior walls, parapet walls, chimneys, stone caps, and Visitor Center interior attic area. The attic area has limited access and will require extra precaution and effort to complete the repoint/tuckpoint work. The waterproofing/sealer product will be applied in the Theater Room, Mechanical Room, and Welcome

Area. The exterior historic mortar joints were last repointed in 1988. Extreme hot and cold temperatures, moisture, and freeze and thaw effects have caused mortar damage across the surfaces. Repointing/Tuckpointing will extend the expected mortar joints¿ life, reducing moisture damage and repair costs. As this project takes place on a historic structure located on historic properties, the Contractor must adhere to and observe historic preservation guidelines. This project will be performed during the Park¿s normal business days/hours of operation; which are Monday through Friday, 7:00 a.m. to 3:30 p.m. central time. All federally-recognized holidays will be observed during the course of the contract. The building will be occupied and inhabited by Park staff, visitors, and guests throughout contract performance; therefore, Contractor is expected to coordinate with the Park¿s Representative and conduct the work so as to minimize disruption to

Park operations to the extent practical.

All work required by the project documents will be accomplished by the Contractor even though minor items/services required may not be specifically mentioned.

TYPE OF CONTRACT: This will be a single firm-fixed price construction contract and expected to be awarded mid-September. Award will

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 50

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P16PS01658

be made to only one successful offeror. Davis

Bacon Prevailing Wages will apply.

PROPOSAL GUARANTEE AND PERFORMANCE AND PAYMENT

BONDS:

(1) Should Offeror's proposal exceed the

Simplified Acquisition Threshold, FAR Clause

52.228-1 Proposal Guarantee and FAR Clause

52.228-15 Performance and Payment Bonds will apply to this solicitation.

(2) Should Offeror's proposal not exceed the

Simplified Acquisition Threshold, FAR Clause

52.228-1 Proposal Guarantee and FAR Clause

52.228-15 Performance and Payment Bonds will not apply to this solicitation; however, FAR Clause

52.228-13 Alternative Payment Protections will apply to this solicitation.

PERIOD OF PERFORMANCE: The period of performance will be sixty (60) calendar days from the date the Notice to Proceed is received by the

Contractor.

MAGNITUDE OF PROJECT: Between $100,000 and

$250,000.

NAICS CODE: The North American Industry

Classification System (NAICS) Code assigned to this solicitation / procurement is 238140.

SMALL BUSINESS SIZE STANDARD: $15 million.

SET ASIDE: This opportunity is set aside for

HUBZone small business concerns.

Under the Historically Underutilized Business

Zone (HUBZone) Act of 1977 (15 U.S.C. 631 note), the HUBZone Program was created. Pursuant to FAR

Subpart 19.13, to be eligible for a HUBZone contract, a HUBZone small business concern must be a HUBZone small business concern both at the time of its initial offer and at the time of contract award. Also note the contract performance cost for personnel as stated in FAR

52.219-3(d)(4).

(4) Construction by special trade contractors.

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 50

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P16PS01658

(i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the HUBZone prime contractor¿s employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the HUBZone prime contractor¿s employees or on a combination of the HUBZone prime contractor¿s employees and employees of

HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not

HUBZone small business concerns.¿

SITE VISIT: To visit the site, please make contact with the Contracting Officer by phone or e-mail prior to Friday, September 9, 2016 at 4:00 p.m. central time.

Kathryn M. Logsdon, Contracting Officer

Phone: (217) 391-3225

E-mail: kathryn_logsdon@nps.gov

PUBLICIZING: The Contracting Officer will not provide hardcopies or email copies of the solicitation. It is the responsibility of the offerors to monitor the FBO and FedConnect websites to download the solicitation, specifications and drawings, other attachments, and all amendments issued against the solicitation.

QUESTIONS: Questions pertaining to this solicitation are to be submitted no later than

Monday, September 12, 2016 at 10:00 a.m. central time.

SOLICITATION CLOSING DATE AND TIME: The closing date and time for submission of offers is Friday, September 16, 2016 at 4:00 p.m. central time.

Proposals are to be e-mailed to kathryn_logsdon@nps.gov so they are received by the Contracting Officer no later than the closing date and time.

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

6 50

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P16PS01658

REGISTRATION: All offerors are to have a Dun &

Bradstreet number, be registered and active in the System for Award Management (SAM) at https://www.sam.gov, and have completed their

Online Representations and Certifications in order to be awarded a contract; therefore, if you are not already registered and active in SAM, or have not completed your Representations and

Certifications at https://www.sam.gov, it is strongly advised that you do so at this time.

Failure on the part of the successful offeror to fulfill these requirements by the time the

Contracting Officer makes award may result in award of the contract being made to the next otherwise successful offeror.

POINT OF CONTACT: The point of contact for this

Solicitation is Kathryn M. Logsdon, Contracting

Officer, and can be reached by phone at (217)

391-3225, or by e-mail at kathryn_logsdon@nps.gov.

Legacy Doc #: NPS

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

P16PS01658 FOSM – Historic Courthouse Repointing/Tuckpointing and Waterproofing 7 of 50

CLAUSES AND PROVISIONS

TABLE OF CONTENTS

SECTION B Offeror’s Proposed Price Schedule SECTION E Inspection and Acceptance SECTION F Deliveries or Performance SECTION G Contract Administration Data SECTION I Contract Clauses SECTION J List of Documents, Exhibits and Other Attachments SECTION K Representations, Certifications and Other Statements SECTION L Instructions, Conditions, and Notices to Offerors SECTION M Evaluation Factors for Award

B OFFEROR’S PROPOSED PRICE SCHEDULE

E Inspection and Acceptance

52.246-12 -- Inspection of Construction. (Aug. 1996)

F Deliveries or Performance

52.242-14 -- Suspension of Work. (Apr 1984)

52.249-10 -- Default (Fixed-Price Construction). (Apr 1984)

52.211-10 -- Commencement, Prosecution, and Completion of Work. (Apr 1984)

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

G Contract Administration Data

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)

I Contract Clauses

52.252-2 -- Clauses Incorporated by Reference. (Feb 1998)

52.202-1 -- Definitions of Words and Terms Provisions and Clauses. (Nov 2013)

52.203-3 – Gratuities. (Apr 1984)

52.203-5 -- Covenant Against Contingent Fees. (May 2014)

52.203-6 -- Restrictions on Subcontractor Sales to the Government. (Sep 2006)

52.203-7 -- Anti-Kickback Procedures. (May 2014)

52.203-8 -- Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (May 2014)

52.203-10 -- Price or Fee Adjustment for Illegal or Improper Activity. (May 2014)

52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010)

P16PS01658 FOSM – Historic Courthouse Repointing/Tuckpointing and Waterproofing 8 of 50

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

52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

52.204-9 -- Personal Identity Verification of Contractor Personnel. (Jan 2011)

52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards. (Oct 2015)

52.204-13 – System for Award Management Maintenance. (Jul 2013)

52.204-14 – Service Contract Reporting Requirements (Jan 2014)

52.204-18 -- Commercial and Government Entity Code Maintenance. (Jul 2016)

52.204-19 – Incorporation by Reference of Representations and Certifications. (Dec 2014)

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

52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations. (Nov 2015)

52.215-2 -- Audit and Records – Negotiation. (Oct 2010)

52.215-8 -- Order of Precedence -- Uniform Contract Format. (Oct 1997)

52.219-3 -- Notice of HUBZone Set-Aside or Sole Source Award. (Nov 2011)

52.219-8 -- Utilization of Small Business Concerns. (Oct 2014)

52.219-14 -- Limitations on Subcontracting. (Nov 2011)

52.219-28 – Post-Award Small Business Program Rerepresentation. (Jul 2013)

52.222-3 -- Convict Labor. (June 2003)

52.222-4 -- Contract Work Hours and Safety Standards -- Overtime Compensation. (May 2014)

52.222-6 – Construction Wage Rate Requirements. (May 2014)

52.222-7 -- Withholding of Funds. (May 2014)

52.222-8 -- Payrolls and Basic Records. (May 2014)

52.222-9 -- Apprentices and Trainees. (Jul 2005)

52.222-10 -- Compliance with Copeland Act Requirements (Feb 1988)

52.222-11 -- Subcontracts (Labor Standards). (May 2014)

52.222-12 -- Contract Termination – Debarment. (May 2014)

52.222-13 -- Compliance with Construction Wage Rate Requirements and Related Regulations. (May 2014)

52.222-14 -- Disputes Concerning Labor Standards. (Feb 1988)

52.222-15 -- Certification of Eligibility. (May 2014)

52.222-21 -- Prohibition of Segregated Facilities. (Apr 2015)

P16PS01658 FOSM – Historic Courthouse Repointing/Tuckpointing and Waterproofing 9 of 50

52.222-26 -- Equal Opportunity. (Apr 2015)

52.222-27 -- Affirmative Action Compliance Requirements for Construction. (Apr 2015)

52.222-35 -- Equal Opportunity for Veterans. (Oct 2015)

52.222-36 – Equal Opportunity for Workers With Disabilities. (Jul 2014)

52.222-37 -- Employment Reports on Veterans. (Feb 2016)

52.222-40 – Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010)

52.222-50 -- Combating Trafficking in Persons. (Mar 2015)

52.222-54 – Employment Eligibility Verification. (Oct 2015)

52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts.

(Sep 2013)

52.223-3 – Hazardous Material Identification and Material Safety Data. (Jan 1997) Alt. I (Jul 1995)

52.223-5 -- Pollution Prevention and Right-to-Know Information. (May 2011)

52.223-6 -- Drug-Free Workplace. (May 2001)

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)

52.225-13 -- Restrictions on Certain Foreign Purchases. (Jun 2008)

52.227-1 -- Authorization and Consent. (Dec 2007)

52.227-2 -- Notice and Assistance Regarding Patent and Copyright Infringement. (Dec. 2007)

52.228-2 -- Additional Bond Security. (Oct 1997)

52.228-5 -- Insurance -- Work on a Government Installation. (Jan 1997)

52.228-11 -- Pledges of Assets. (Jan 2012)

52.228-12 -- Prospective Subcontractor Requests for Bonds. (May 2014)

52.228-14 -- Irrevocable Letter of Credit. (Nov 2014)

52.228-15 -- Performance and Payment Bonds – Construction (Oct 2010)

52.229-3 -- Federal, State, and Local Taxes. (Feb 2013)

52.232-5 -- Payments Under Fixed-Price Construction Contracts. (May 2014)

52.232-17 -- Interest. (May 2014)

52.232-23 -- Assignment of Claims. (May 2014)

52.232-27 -- Prompt Payment for Construction Contracts. (May 2014)

52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management. (Jul. 2013)

52.232-39 – Unenforceability of Unauthorized Obligations. (Jun 2013)

P16PS01658 FOSM – Historic Courthouse Repointing/Tuckpointing and Waterproofing 10 of 50

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

52.233-1 -- Disputes. (May 2014)

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)

52.236-5 -- Material and Workmanship. (Apr 1984)

52.236-6 -- Superintendence by the Contractor. (Apr 1984)

52.236-7 -- Permits and Responsibilities. (Nov 1991)

52.236-8 -- Other Contracts. (Apr 1984)

52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(Apr 1984)

52.236-10 -- Operations and Storage Areas. (Apr 1984)

52.236-11 -- Use and Possession Prior to Completion. (Apr 1984)

52.236-12 -- Cleaning Up. (Apr 1984)

52.236-13 -- Accident Prevention. (Nov 1991)

52.236-14 -- Availability and Use of Utility Services. (Apr 1984)

52.236-15 -- Schedules for Construction Contracts. (Apr 1984)

52.236-17 -- Layout of Work. (Apr 1984)

52.236-21 -- Specifications and Drawings for Construction. (Feb 1997)

52.236-26 -- Preconstruction Conference. (Feb 1995)

52.242-13 -- Bankruptcy. (Jul 1995)

52.243-4 -- Changes. (Jun 2007)

52.244-6 -- Subcontracts for Commercial Items. (Jun 2016)

52.246-21 -- Warranty of Construction. (Mar 1994)

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

52.253-1 -- Computer Generated Forms. (Jan 1991)

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (FEB 2015)

52.204-21 - Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

52.225-9 -- Buy American–Construction Materials. (May 2014)

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52.228-1 -- Proposal Guarantee. (Sep 1996)

52.228-13 – Alternative Payment Protections. (Jul 2000)

52.222-55 -- Minimum Wages Under Executive Order 13658. (Dec 2015)

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

1452.201-70 Authorities and delegations. (SEP 2011)

1452.203-70 Restrictions on Endorsements -- Department of the interior (JUL 1996)

1452.204-70 Release of Claims. (JUL 1996)

1452.215-70 Examination of Records by the Department of the Interior. (APR 1984)

1452.228-70 Liability Insurance (JUL 1996)

1452.236-70 Prohibition Against Use of Lead-based Paint —Department of the Interior (JUL 1996) ...31

J List of Documents, Exhibits and Other Attachments

K Representations, Certifications, and Other Statements

52.252-1 -- Solicitation Provisions Incorporated by Reference. (Feb 1998)

52.204-16 – Commercial and Government Entity Code Reporting. (July 2016)

52.236-28 -- Preparation of Proposals – Construction. (Oct 1997)

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02) (FEB 2015)

52.204-8 -- Annual Representations and Certifications. Annual Representations and Certifications

52.204-20 - Predecessor of Offeror (Jul 2016)

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

52.225-10 -- Notice of Buy American Requirement—Construction Materials. (May 2014)

L Instructions, Conditions, & Notices to Offerors or Quoters

52.204-7 -- System for Award Management. (Jul 2013)

52.215-1 -- Instructions to Offerors -- Competitive Acquisition. (Jan 2004)

52.216-1 -- Type of Contract. (Apr 1984)

52.222-5 – Construction Wage Rate Requirements—Secondary Site of the Work. (May 2014)

52.236-27 -- Site Visit (Construction). (Construction) (Feb 1995)

52.233-2 -- Service of Protest Department of the Interior (JUL 1996) (Deviation)

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984)...41

M EVALUATION FACTORS FOR AWARD

P16PS01658 FOSM – Historic Courthouse Repointing/Tuckpointing and Waterproofing 12 of 50

B OFFEROR’S PROPOSED PRICE SCHEDULE

Pricing Schedule – Complete pricing for all items.

Item Description Unit Total

(CLIN 00010)

Repoint/Tuckpoint 2,000 +/- square feet of interior and exterior brick mortar joints and, apply a waterproofing/sealer product to 1,000 +/- square feet of interior wall surfaces at the Fort Smith National Historic Site, Historic Courthouse (and Visitor Center), Fort Smith, Arkansas, as described in this solicitation and its Attachments.

1 Lump Sum $

ITEMIZE ABOVE LUMP SUM TOTAL by completing 10A thru 10I below

10A Labor Cost for Repoint/Tuckpoint $

10B Material Cost for Repoint/Tuckpoint $

10C Labor Cost for Waterproofing $

10D Material Cost for Waterproofing $

10E Other (Describe) $

10F Other (Describe) $

10G Other (Describe) $

SUBTOTAL (Sum of Items 10A thru 10G)

10H Overhead ________% (include the percentage and $ amount) $

10I Profit ________% (include the percentage and $ amount) $

10J GRAND TOTAL

(1) The Grand Total Price is the sum of 10A thru 10I.

(2) The Grand Total Price will be equal to the Lump Sum Total from Item 10 above.

(3) Record Grand Total Price on the SF-1442 Solicitation, Offer, and Award Form in Block 17.

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E Inspection and Acceptance

52.246-12 -- Inspection of Construction. (Aug. 1996)

F Deliveries or Performance 52.242-14 -- Suspension of Work. (Apr 1984) 52.249-10 -- Default (Fixed-Price Construction). (Apr 1984)

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,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than sixty (60) calendar days after the issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

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

(b) The past performance evaluation process is a totally paperless process using CPARS.

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

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

P16PS01658 FOSM – Historic Courthouse Repointing/Tuckpointing and Waterproofing 14 of 50

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

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

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

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

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

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation.

The meeting will be held in person or via telephone or other means during your 30- day review period.

http://www.cpars.csd.disa.mil/

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(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of notice)

G Contract Administration Data DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)

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: None

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 Clause)

I Contract Clauses 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://farsite.hill.af.mil/ http://www.acquisition.gov/far/

(End of Clause)

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52.202-1 -- Definitions of Words and Terms Provisions and Clauses. (Nov 2013) 52.203-3 – Gratuities. (Apr 1984) 52.203-5 -- Covenant Against Contingent Fees. (May 2014) 52.203-6 -- Restrictions on Subcontractor Sales to the Government. (Sep 2006) 52.203-7 -- Anti-Kickback Procedures. (May 2014) 52.203-8 -- Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (May 2014) 52.203-10 -- Price or Fee Adjustment for Illegal or Improper Activity. (May 2014) 52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010).

52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Apr 2014) 52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.204-9 -- Personal Identity Verification of Contractor Personnel. (Jan 2011) 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards. (Oct 2015) 52.204-13 – System for Award Management Maintenance. (Jul 2013) 52.204-14 – Service Contract Reporting Requirements (Jan 2014) 52.204-18 -- Commercial and Government Entity Code Maintenance. (Jul 2016) 52.204-19 – Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.209-6 -- Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) 52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations. (Nov 2015) 52.215-2 -- Audit and Records – Negotiation. (Oct 2010) 52.215-8 -- Order of Precedence -- Uniform Contract Format. (Oct 1997) 52.219-3 -- Notice of HUBZone Set-Aside or Sole Source Award. (Nov 2011) 52.219-8 -- Utilization of Small Business Concerns. (Oct 2014) 52.219-14 -- Limitations on Subcontracting. (Nov 2011) 52.219-28 – Post-Award Small Business Program Rerepresentation. (Jul 2013) 52.222-3 -- Convict Labor. (June 2003) 52.222-4 -- Contract Work Hours and Safety Standards -- Overtime Compensation. (May 2014) 52.222-6 – Construction Wage Rate Requirements. (May 2014) 52.222-7 -- Withholding of Funds. (May 2014) 52.222-8 -- Payrolls and Basic Records. (May 2014) 52.222-9 -- Apprentices and Trainees. (Jul 2005) 52.222-10 -- Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 -- Subcontracts (Labor Standards). (May 2014) 52.222-12 -- Contract Termination – Debarment. (May 2014) 52.222-13 -- Compliance with Construction Wage Rate Requirements and Related Regulations.

(May 2014) 52.222-14 -- Disputes Concerning Labor Standards. (Feb 1988) 52.222-15 -- Certification of Eligibility. (May 2014) 52.222-21 -- Prohibition of Segregated Facilities. (Apr 2015) 52.222-26 -- Equal Opportunity. (Apr 2015) 52.222-27 -- Affirmative Action Compliance Requirements for Construction. (Apr 2015) 52.222-35 -- Equal Opportunity for Veterans. (Oct 2015)

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52.222-36 – Equal Opportunity for Workers With Disabilities. (Jul 2014) 52.222-37 -- Employment Reports on Veterans. (Feb 2016) 52.222-40 – Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010) 52.222-50 -- Combating Trafficking in Persons. (Mar 2015) 52.222-54 – Employment Eligibility Verification. (Oct 2015) 52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts. (Sep 2013) 52.223-3 – Hazardous Material Identification and Material Safety Data. (Jan 1997) Alt. I (Jul 1995) 52.223-5 -- Pollution Prevention and Right-to-Know Information. (May 2011) 52.223-6 -- Drug-Free Workplace. (May 2001) 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) 52.225-13 -- Restrictions on Certain Foreign Purchases. (Jun 2008) 52.227-1 -- Authorization and Consent. (Dec 2007) 52.227-2 -- Notice and Assistance Regarding Patent and Copyright Infringement. (Dec. 2007) 52.228-2 -- Additional Bond Security. (Oct 1997) 52.228-5 -- Insurance -- Work on a Government Installation. (Jan 1997) 52.228-11 -- Pledges of Assets. (Jan 2012) 52.228-12 -- Prospective Subcontractor Requests for Bonds. (May 2014) 52.228-14 -- Irrevocable Letter of Credit. (Nov 2014) 52.228-15 -- Performance and Payment Bonds – Construction (Oct 2010) 52.229-3 -- Federal, State, and Local Taxes. (Feb 2013) 52.232-5 -- Payments Under Fixed-Price Construction Contracts. (May 2014) 52.232-17 -- Interest. (May 2014) 52.232-23 -- Assignment of Claims. (May 2014) 52.232-27 -- Prompt Payment for Construction Contracts. (May 2014) 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management. (Jul. 2013) 52.232-39 – Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013) 52.233-1 -- Disputes. (May 2014) 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) 52.236-5 -- 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)

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52.236-13 -- Accident Prevention. (Nov 1991) 52.236-14 -- Availability and Use of Utility Services. (Apr 1984) 52.236-15 -- Schedules for Construction Contracts. (Apr 1984) 52.236-17 -- Layout of Work. (Apr 1984) 52.236-21 -- Specifications and Drawings for Construction. (Feb 1997) 52.236-26 -- Preconstruction Conference. (Feb 1995) 52.242-13 -- Bankruptcy. (Jul 1995) 52.243-4 -- Changes. (Jun 2007) 52.244-6 -- Subcontracts for Commercial Items. (Jun 2016) 52.246-21 -- Warranty of Construction. (Mar 1994) 52.249-2 -- Termination for Convenience of the Government (Fixed-Price).(Apr 2012) Alternate I (Sep 1996).

52.253-1 -- Computer Generated Forms. (Jan 1991)

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (FEB 2015)

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

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

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

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

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

(End of clause)

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52.204-21 - Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

http://uscode.house.gov/

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(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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

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(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.

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(1) This clause implements the 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.

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(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…