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Replace Siding at Magney Quarters at Saint Croix National Scenic Riverway
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P16PS01840
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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 - MWRO MABO

601 Riverfront Drive

Omaha NE 68102

PMH

Bridget Parizek 402 661-1896

1x 06/27/2016

P16PS01840

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

The contractor shall provide all labor, supervision, materials and equipment to provide and Replace the Siding located at Saint Croix National Scenic Riverway, Scandia, MN. This requirement is set-aside 100% for Small Businesses. The applicable

NAICS code for this solicitation is 238170, Siding Contractors, the small business size standard is $15 M.

The contracting point of contact is Bridget Parizek at Bridget_Parizek@nps.gov.

REQURED BONDS: This project is subject to the Davis Bacon Act. Bonds will be required as follows: Bid Guarantee - 20% of the contract price. Payment Bond or

Certificates of Deposit - 100% of the contract price.

Site Visit: Please see FAR clause 52.236-27 for additional details.

Offer Due Date: All offers shall be submitted electronically to

Bridget_Parizek@nps.gov no later than July 11, 2015 at 2:00 PM CST.

General Information: In accordance with FAR 36.204, the magnitude of this project is estimated between $25,000 and $100,000.

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.)

7 10 calendar days and complete it within ________________ ________________ calendar days after receiving

07/11/2016

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 - MWRO MABO

601 Riverfront Drive

Omaha NE 68102

PMH

Diana Vanderzanden

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 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P16PS01840

Type of Contract: Firm-Fixed Price

Required Submission Documents:

1. Completed CLIN schedule with itemized price detail for all work.

2. Itemized breakdown for CLIN item to include labor hours, material, overhead and profit.

3. Signed Standard Form 1449.

4. Completed sections hi-lighted in solicitation document.

Be advised that this requirement may be delayed, cancelled, or revised at any time during the process based on decisions related to the

Department of Interior (DOI) and National Park

Service (NPS)

ALL QUESTIONS SHALL BE SUBMITTED TO BRIDGET

PARIZEK AT BRIDGET_PARIZEK@NPS.GOV, DO NOT

CONTACT THE PARK.

Legacy Doc #: NPS

Delivery: 10 Days After Notice to Proceed

Delivery Location Code: 0009060439

NPS, MWR, St Croix NSR

401 N Hamilton Street

St. Croix Falls WI 54024 US

FOB: Destination

00010 The contractor shall provide all supervision, labor, materials, and equipment to replace the siding at Magney Quarters at Saint Croix National

Scenic Riverway in accordance with the contract documents and attached Statement of Work.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 4 of 34

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES……………………………………………………………………………. 6

SECTION C – DESCRIPTION/SPECIFICATIONS…………………………………………………...……………………….…….. 7

Scope of Work ………………………………………………………...………………………………...……………………………... 7

SECTION D – PACKAGING AND MARKING…………………………………………………..………NO CLAUSES INCLUDED

SECTION E – INSPECTION AND ACCEPTANCE……………………………………………………………………………….…. 9

52.246-12, Inspection of Construction ………….……………………………………………………………………………………. 9 Interim and Final Inspections…………………………………………………………………………………………………………... 9

SECTION F – DELIVERIES AND PERFORMANCE…………………………………………………………………………….….. 10

52.211-10, Commencement, Prosecution, and Completion of Work – Alternate I ………………………………………………… 52.211-12, Liquidated Damages – Construction……………………………………………………………………………………..… 10 52.211-13, Time Extensions……………………………………………………………………………………………………………. 10 52.242-14, Suspension of Work…………………………………………………………………………………………………………10

SECTION G – CONTRACT ADMINISTRATION DATA…………….………………………………………………………….…. 11

Electronic Invoicing and Payment Requirements – Invoicing Processing Platform (IPP)…………….……………………………… 11 Submittals……………………………………………………………………………………………………………………………... 11 1452.201-70, Authorities and Delegations……………………………………………………………………………………………. 11

SECTION H – SPECIAL CONTRACT REQUIREMENTS………………………………….……………NO CLAUSES INDLUDED

SECTION I – CONTRACT CLAUSES…………..………………………………………………………………………………….…. 13

52.252-2, Clauses Incorporated by Reference ………………….……………………………………………………………………… 13 52.203-5, Covenant Against Contingent Fees………………………………………………………………………………………….. 13 52.203-7, Anti-Kickback Procedures……………………………………………………………………………………………………13 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights………….. 13 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (deviation)…………. 13 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards………………………………………………… 13 52.204-13, System for Award Management Maintenance…………………………………………………………………………...… 13 52.204-19, Incorporation by Reference of Representations and Certifications…………………………………………………………13 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations………………………………………………………… 13 52.215-8, Order of Precedence – Uniform Contract Format…………………………………………………………………………… 14 52.219-6, Notice of Total Small Business Set-Aside………………………………………………………………………………….. 14 52.219-14, Limitations on Subcontracting………………………………………………………………………………………………14 52.219-28, Post-Award Small Business Program Representation………………………………………………………………………14 52.222-3, Convict Labor……………………………………………………………………………………………………………….. 15 52.222-6, Construction Wage Rate Requirements……………………………………………………………………………………... 15 52.222-7, Withholding of Funds……………………………………………………………………………………………………….. 15 52.222-8, Payrolls and Basic Records………………………………………………………………………………………………….. 15 52.222-9, Apprentices and Trainees……………………………………………………………………………………………………. 15 52.222-10, Compliance with Copeland Act Requirements………………………………………………………………………… 52.222-11, Subcontracts (Labor Standards)…………………………………………………………………………………………..…15 52.222-12, Contract Termination – Debarment…………………………………………………………………………………………15 52.222-13, Compliance with Construction Wage Rate Requirements and Related Regulations…………………………………… 52.222-14, Disputes Concerning Labor Standards……………………………………………………………………………………... 15 52.222-15, Certification of Eligibility………………………………………………………………………………………………….. 15 52.222-21, Prohibition of Segregated Facilities………………………………………………………………………………………... 15 52.222-23, Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction………… 52.222-26, Equal Opportunity………………………………………………………………………………………………………….. 16 52.222-27, Affirmative Action Compliance Requirements for Construction……………………………………………………….…..16 52.222-36, Equal Opportunity for Workers with Disabilities………………………………………………………………………..….17 52.222-50, Combating Trafficking in Persons…………………………………………………………………………………………..17 52.222-55, Minimum Wages under Executive Order 13658………………………………………………………………………… 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts……………………………..…17 52.232-5, Pollution Prevention and Right-to-Know Information……………………………………………………………………….17 52.223-6, Drug-Free Workplace……………………………………………………………………………………………………...…17 52.223-17, Affirmative Procurement of EPA-designated items in Service and Construction Contracts………………………………. 17 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving………………………………………………..…17 52.225-9, Buy American – Construction Materials…………………………………………………………………………………….. 17 52.225-13, Restrictions on Certain Foreign Purchases………………………………………………………………………………….20 52.228-1, Bid Guarantee………………………………………………………………………………………………………………...20 52.228-2, Additional Bond Security…………………………………………………………………………………………………… 20 52.228-5, Insurance – Work on a Government Installation……………………………………………………………………….…….20 52.228-11, Pledge of Assets……………………………………………………………………………………………………………..20 52.228-13, Alternative Payment Protections…………………………………………………………………………………………… 20 52.232-5, Payments under a Fixed-Price Construction Contracts……………………………………………………………………… 20 52.232-16, Progress Payments, Alternate I………………………………………………………………………………………...……20

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 5 of 34

52.232-23, Assignment of Claims……………………………………………………………………………………………………… 20 52.232-27, Prompt Payment for Construction Contracts…………………………………………………………………………….….20 52.232-33, Payment by Electronic Funds Transfer – System for Award Management………………………………………………... 20 52.232-39, Unenforceability of Unauthorized Obligations……………………………………………………………………….……. 21 52.232-40, Providing Accelerated Payments to Small Business Subcontractors…………………………………………………...….. 21 52.233-1, Disputes…………………………………………………………………………………………………………………… 52.233-3, Protest after Award……………………………………………………………………………………………………….…..21 52.233-4, Applicable Law for Breach of Contract Claim……………………………………………………………………………….21 52.236-2, Differing Site Conditions……………………………………………………………………………………………………..21 52.236-3, Site Investigation and Conditions Affecting the Work…………………………………………………………………… 52.236-5, Material and Workmanship………………………………………………………………………………………………….. 21 52.236-6, Superintendence by the Contractor…………………………………………………...………………………………………21 52.236-7, Permits and Responsibilities…………………………………………………………...……………………………………..21 52.236-8, Other Contracts…………………………………………………………………………….…………………………………21 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements…….…………………………….. 21 52.236-10, Operations and Storage Areas……………………………………………………………………………………………… 21 52.236-11, Use and Possession Prior to Completion……………………………………………………………………………………21 52.236-12, Cleaning Up……………………………………………………………………………………………..…………………..21 52.236-13, Accident Prevention…………………………………………………………………………………….………………….. 21 52.236-14, Availability and Use of Utility Services…………………………………………………………………………………….21 52.236-26, Preconstruction Conference…………………………………………………………………………………………………21 52.243-5, Changes and Changed Conditions……………………………………………………………………………...…………….21 52.244-6, Subcontracts for Commercial Items……………………………………………………………………………...………….. 21 52.246-21, Warranty of Construction………………………………………………………………………………………….……….. 22 52.249-2, Termination for Convenience of the Government (Fixed Price) – Alternate I………………………………………...……. 22 52.249-10, Default (Fixed-Price Construction)……………………………………………………………………………………..….. 22 52.251-1, Government Supply Sources………………………………………………………………………………………………… 22 52.252-6, Authorized Deviations in Clauses………………………………………………………………………………………… 52.253-1, Computer Generated Forms…………………………………………………………………………………….…………… 22 1452.203-70, Restrictions on Endorsements…………………………………………………………………………………………… 22 1452.204-70, Release of Claims – Department of the Interior…………………………………………………………….……………22 1452.228-70, Liability Insurance – Department of the Interior…………………………………………………………………………22 1452.236-70, Prohibition Against Use of Lead-Based Paint…………………………………………………………………………. 23

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS……………………………………….…… 24

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS……………….…. 25 52.204-8, Annual Representations and Certifications………………………………………………………………………………….. 25 52.204-17, Ownership or Control of Offeror………………………………………………………………………………………..…..28 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations - Representation…………………………………...…… 28 52.222-22, Previous Contracts and Compliance Reports………………………………………………………………………………. 28 52.223-1, Biobased Product Certification……………………………………………………………………………………………… 28 52.223-4, Recovered Material Certification……………………………………………………………………………………………. 28 52.225-10, Notice of Buy American Requirement – Construction Materials…………………………………………..……………… 28 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan - Certification………………………………………29 52.225-25, Prohibition on Contracting with entities Engaging in Certain Activities or Transaction Relating to

Iran-Representation and Certifications………………………………………………………………………………………… 30 52.236-28, Preparation of Proposals - Construction…………………………………………………………………………………….30

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS……………………………………………… 31 52.252-1, Solicitation Provisions Incorporated by Reference……………………………………………………………………..…… 31 52.204-7, System for Award Management………………………………………………………………………………………..…… 31 52.204-16, Commercial and Government Entity Code Reporting……………………………………………………………….…….. 31 52.204-18, Commercial and Government Entity Code Maintenance………………………………………………………..………….31 52.215-1, Instructions to Offerors – Competitive Acquisition……………………………………………………………...………….. 31 52.216-1, Type of Contract…………………………………………………………………………………..……………………… 52.222-5, Construction Wage Rate Requirements – Secondary Site of the Work…………………………………………….……….. 31 52.232-13, Notice of Progress Payments…………………………………………………………………………………………….….31 52.233-2, Service of Protest…………………………………………………………………………………………….………….……32 52.236-27, Site Visit (Construction)……………………………………………………………………………………………….……32 1452.215-71, Use and Disclosure of Proposal Information – Department of the Interior…………………………………………… General Information……………………………………………………………………………………………………………………..33 Proposal Submission Instructions and Limitations……………………………………………………………………………………...33

SECTION M - EVALUATION FACTORS FOR AWARD……………………………………………………………………………..35

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 6 of 34

B – SUPPLIES OR SERVICES/PRICES

SCHEDULE

Each proposed item shall include all cost for materials, labor, expenses, fees, and taxes plus permitting costs, overhead and profit associated with each proposed item to construct the following areas of work in accordance with the contact documents.

The unit costs shall include the costs breakdown for all construction disciplines (civil, structural, mechanical, electrical, control work, etc.) associated with the work area. The contractor may use their own format for price breakdowns.

ITEM DESCRIPTION QUANTITY UNIT PRICE

00010 Replace Siding at Magney Quarters 1 Job $___________

TOTAL LUMP SUM PRICE: $___________

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 7 of 34

C – DESCRIPTION/SPECIFICATIONS

Magney Siding System Replacement St. Croix NSR

401 North Hamilton Street St. Croix Falls, WI 54024

PART 1 GENERAL

DESCRIPTION

The work consists of furnishing the materials, labor, tools and equipment necessary for removal and replacement of approximately 1,264 square feet of cedar T-111 siding (4-foot x 8-foot x 5/8-inch dimensional panels) and associated cedar dimensional trim lumber, underlayment, flashing, J-channel, adhesive and caulking materials of a residential siding system at the St. Croix NSR housing unit – identified as Magney Quarters, located at 23209 St. Croix Trail North, in the town of Scandia;

Washington County, Minnesota. The cedar T-111 will not be replaced in kind but with fiber cement lap siding similar to HardiePlank Cedarmill or equivalent. Dimensional trim lumber will be replaced with HardieTrim 4/4 Rustic boards or equivalent. Underlayment/weather barrier will be a coated polyolefin material to prevent mildew similar to HardieWrap or equivalent. Upon removal of existing T-111 panels, 2-inch extruded polystyrene insulation boards currently in place, will be inspected by the Contracting Officer’s Technical Representative (COTR). Should any aforementioned insulation materials be determined to be inadequate, replacement will be accomplished by National Park Service (NPS) personnel; at NPS expense. The Contractor shall use diligence to ensure siding components are securely fastened to the exterior, meet Uniform Building Code (UBC) standards and comply with manufacture’s recommendations. All work must conform to all local, county, state and federal codes, laws, rules, regulations and requirements. The work includes site clean-up of all debris and nails.

Contractor shall leave the job site in a manner acceptable to the project Contracting Officer’s Technical Representative (COTR).

RELATED WORK

Selective demolition - Section 02224.

QUALITY ASSURANCE

Contractor shall comply with safety requirements for demolition, NSC A10.6.

Contractor shall provide skilled, trained, experienced and competent workers to complete the work as specified, and shall be fully responsible to ensure compliance with current OSHA regulations for personnel and equipment on site at all times. Contractor will maintain Material Safety Data Sheets pertaining to products utilized on site at all times. All Contract personnel must utilize the proper safety equipment.

PROJECT CONDITIONS

The Contractor shall ensure safety of persons on site and will be required to provide, erect and maintain all necessary temporary information displays, barricades, warning and danger signs/devices as required.

The Contractor shall be limited to certain work areas at the site for equipment and tool storage. The United States Government does not provide secure storage at this site and accepts no responsibility

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 8 of 34 for materials, tools or equipment left on-site by the Contractor. Requests for government provided utilities such as electricity and water will be considered, but must be made in advance of project commencement.

CLOSEOUT SUBMITTALS

Submit all warranty and manufacturer’s technical materials upon completion of project.

PART 2 PRODUCTS

SIDING MATERIALS

All nails and underlayment materials (if any) must be removed prior to siding system replacement. Fiber cement lap siding similar to HardiePlank Cedarmill, 0.312-inches thick, 7.25-inches wide (with an actual 6-inch exposure) or equivalent, is specified. Dimensional trim lumber will be replaced with HardieTrim 4/4 Rustic boards or equivalent. HardieTrim mouldings or equivalent will be utilized where appropriate. Underlayment/weather barrier will be a coated polyolefin material to prevent mildew similar to HardieWrap or equivalent and satisfy ESR 2658 requirements. Additionally, when applied over foam insulation board, the weather barrier sheet must be fastened with roofing or other large-headed nails. All weather barrier seams will be taped with HardieWrap Seam Tape or equivalent. Flexible and self-adhesive flashing will be utilized where appropriate. All siding system components must be primed and painted with a factory, baked-on finish and match with regard to shade and or color, when appropriate. All adhesive and caulking compounds must be warranted to maintain consistency and effectiveness for the lifetime of the replacement siding system.

PART 3 EXECUTION

PREPARATION

Trees and vegetation shall not be cut, damaged or removed by Contractor without prior approval from the

COTR.

DISPOSAL

A. All siding demolition materials, on or in transit from this site are the property of the Contractor and shall be disposed outside of St. Croix National Scenic Riverway boundaries in compliance with local, county, state and federal codes, laws, rules, regulations and requirements. Any and all expenses for disposal shall be borne by the Contractor. It is requested that every effort is extended to recycle, reclaim and repurpose demolition materials to the greatest extent possible, as deemed feasible by the Contractor.

After every disposal operation; provide copies of transport manifests or disposal receipts for all waste materials removed from the site.

PART 4 MEASUREMENT AND PAYMENT

4.1 REMOVAL AND REPLACEMENT OF SIDING SYSTEM

Payment will be made at the contract lump sum price.

END OF SECTION

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 9 of 34

E – INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction. (APR 1996)

INCORPORATED BY REFERENCE

Interim and Final Inspections:

1. Prior to covering, enclosing, or hiding any type of work, the contractor shall contact the Contracting Officer’s Representative to perform an interim inspection. Failure to contact the COR to perform an interim inspection prior to concealment may result in the Contractor being required to uncover performed work sufficiently to allow for proper inspection.

2. When ready for final inspection, the Contractor shall notify the Contracting Officer and Contracting Officer’s Representative, requesting a final inspection in writing to the Contracting Officer. The final inspection shall normally be requested a minimum of three (3) working days before the desired inspection date or as otherwise negotiated with the Contracting Officer.

3. The final inspection will be on-site with the Contractor, the Contracting Officer’s Representative and the Contrast Specialist/Contracting Officer (when possible).

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 10 of 34

F – DELIVERIES OR PERFORMANCE

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within seven (7) 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 ten (10) calendar days after the Contractor received the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $60.17 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

52.211-13 Time Extensions. (SEP 2000)

INCORPORATED BY REFERENCE

52.242-14 Suspension of Work (APR 1984)

INCORPORATED BY REFERENCE

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 11 of 34

G – CONTRACT ADMINISTRATION DATA

Electronic Invoicing and Payment Requirements – Invoicing Processing Platform (IPP) (April 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: http://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Vendor’s Invoice, along with any other supporting documentation as stipulated by the Contracting Officer.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

(End of Local Clause)

SUBMITTALS

1. If required, submittals shall be submitted within ten (10) calendar days after award. This shall include, but not limited to, manufacturer’s instructions, drawings, and samples.

2. An electronic copy of the submittal and supporting documents shall be submitted via e-mail to the Contracting Officer when possible. If the files are too large the contractor shall deliver the submittals via an alternate method of their preference, ensuring delivery within the 10 day time frame.

1452.201-70 Authorities and delegations. (SEP 2011)

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

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

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

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

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

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

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

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

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

http://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 12 of 34

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

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

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

(End of clause)

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 13 of 34

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): https://www.acquisition.gov/?q=browsefar or http://farsite.hill.af.mil

(End of clause)

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

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (MAR

2015) (DEVIATION)

(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)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013)

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

INCORPORATED BY REFERENCE

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (DEC 2014)

INCORPORATED BY REFERENCE

https://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 14 of 34

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

INCORPORATED BY REFERENCE

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

INCORPORATED BY REFERENCE

52.219-14 Limitations on Subcontracting (NOV 2011)

INCORPORATED BY REFERENCE

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

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 15 of 34

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Reprensentations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code 238170,Siding Contractors assigned to contract number [insert contract number]. (Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.222-3 Convict Labor. (JUN 2003)

INCORPORATED BY REFERENCE

52.222-6 Construction Wage Rate Requirements. (MAY 2014)

INCORPORATED BY REFERENCE

52.222-7 Withholding of Funds. (MAY 2014)

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

52.222-9 Apprentices and Trainees. (JUL 2005)

INCORPORATED BY REFERENCE

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

52.222-12 Contract Termination - Debarment. (MAY 2014)

INCORPORATED BY REFERENCE

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

52.222-15 Certification of Eligibility. (MAY 2014)

INCORPORATED BY REFERENCE

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 16 of 34

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 (Scandia, MN): 2.9%

Goals for Female Participation for Each Trade (Nationwide): 6.9%

These goals are applicable to all 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 Leelanau, County, Michigan.

(End of provision)

52.222-26 Equal Opportunity. (MAR 2007)

INCORPORATED BY REFERENCE

52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999) –

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 17 of 34

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60- 741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

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

INCORPORATED BY REFERENCE

52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2014)

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

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

INCORPORATED BY REFERENCE

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008)

INCORPORATED BY REFERENCE

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

INCORPORATED BY REFERENCE

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.

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

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 18 of 34 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

Solicitation No. P16PS01840 SACN_Replace Siding at Magney Quarters Page 19 of 34

(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…

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