Terms_and_Conditions_SECTION_C_-_M.docx

SECTION C: DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

Attachment 4, Statement of Work, is attached herein and incorporated into this solicitation/contract, as shown in Section J.

SECTION D: Packaging and Marking (not used) Intentionally left blank

SECTION E: INSPECTION and ACCEPTANCE 52.246-12 Inspection of Construction. INSPECTION OF CONSTRUCTION (AUG 1996) 52.246-13 Inspection—Dismantling, Demolition, or Removal of Improvements. Inspection—Dismantling, Demolition, or Removal of Improvements (Aug 1996) SECTION F: DELIVERIES or PERFORMANCE 52.211-10 Commencement, Prosecution, and Completion of Work.

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 90 days.* The time stated for completion shall include final cleanup of the premises.

52.242-14 Suspension of Work.

SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed—

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of clause) Project Site Location

Olympic National Park Visitor Center, 3002 Mt Angeles Road, Port Angeles, WA 98362.

Site Specific Safety Plan A site specific Safety and Health Plan shall be submitted to the attention of the Contracting Officer, using the NPS Submittal form (Attachment no. 8) within ten days of receiving the Notice of Award. The plan shall cover on-site work to be performed by the contractor and all subcontractors. The prime contractor shall be responsible for development, implementation, and oversight of the plan. The plan shall be signed by the Contractor's safety and health manager and the site superintendent. The plan shall establish protocols necessary for recognition, evaluation, and control of hazards associated with each task performed; addressing, in as much detail as possible, anticipated tasks, their related hazards, and anticipated control measures.

Should any unforeseen hazard become evident during the performance of work, the contractor shall bring such hazard to the attention of the COR. Necessary action shall be taken to re-establish and maintain safe working conditions in order to safeguard on-site personnel, visitors, the public, and the environment.

Work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational Safety and Health Administration (OSHA) standards, 29 CFR, Part 1910 and Part 1926. Where the requirements of applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements shall apply.

Contractor’s Daily Logs Contractor shall prepare a daily log for each day work is performed under this contract. Copies of daily logs shall be submitted to the Contracting Officer, and may be compiled and submitted weekly, with payroll. Time necessary for completion of daily log is approximately 15 to 30 minutes. The contractor may choose to use its own format as long as the following elements are included on the log:

SECTION G -- CONTRACT ADMINISTRATION DATA

1452.201-70, Authorities and Delegations (September 2011)

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

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

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

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

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

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

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

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

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

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

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

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

APPOINTMENT OF CONTRACTOR REPRESENTATIVE / SUPERINTENDENT

Prior to commencement of work on this contract, the contractor shall provide to the Contracting Officer, the name and telephone number of at least one responsible individual who will serve to respond to operational problems and/or emergencies on a daily basis. The contractor agrees that notice to the designated representative shall constitute notice to the contractor and agrees to be bound by any commitments or representations made by the representative.

CORRESPONDENCE

(a) Copies of all correspondence and written notices between the COR and the Contractor shall be sent to the cognizant Contracting Officer at the address below, or by email. All correspondence sent by email shall state the contract number in the subject line of the email.

(b) Contracting Officer’s Representative (COR) for this contract:

(d) Contracting Officer responsible for solicitation, award, and post-award contract administration:

Mickey Hopkins National Park Service Olympic National Park 600 East Park Avenue Port Angeles, WA98362 Office Phone: 360-565-3025 Cell Phone: 360-461-8013 Email: Mickey_Hopkins@nps.gov

PUBLIC AFFAIRS COORDINATION

The Contractor shall immediately direct all news/media inquiries concerning this contract to the COR. No statements will be released unless authorized by the Contracting Officer.

Department of the Interior Acquisition, Assistance and Asset Policy (DOI AAAP) No. 0050, Version 01, dated 2/8/16:

Contractor Performance Assessment Reporting System (December 2015)

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

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

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

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

e. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

e. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

e. All information provided should be reviewed for accuracy prior to submission.

e. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

e. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

1. The following guidelines apply concerning your use of the past performance evaluation:

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

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

b. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

1. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

1. 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.

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - Invoice 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: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Contractor’s business invoice (upload your business invoice as an attachment to the IPP invoice before you click “submit” in IPP),

2. Contractor’s signed certification required by FAR clause 52.232-5,

3. Schedule of values for work being performed, and

4. If submitting a final invoice, also attach a signed copy of the Release of Claims form.

Contractor’s failure to attach the required documentation as specified above will result in the IPP invoice being rejected.

NOTE: Content of a proper invoice shall include the following, in accordance with Federal Acquisition Regulation 32.9 – Prompt Payment:

(a) Name and address of the contractor.

(b) Invoice date and invoice number (Contractors should date invoices as close as possible to the date of mailing or transmission).

(c) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(e) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(f) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).(g) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

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

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

SECTION H -- Special Contract Requirements DSC-17, Wage Rates (January 1999) U.S. Department of Labor General Wage Decision no. WA160069 dated 07/15/2016, WA69 (applicable to Clallam County in Washington) is incorporated into this solicitation/contract as Attachment no. 7 as referenced in Section J.

Notice of Required Payment Security (Payment Bond) The successful offeror shall furnish security to guarantee payment to all persons supplying labor or materials in the performance of the contract. NPS prefers that such security be in the form of a payment bond on Standard Form 25A (furnished as part of this solicitation/contract as Attachment no. 10), or in the form of a certified cashier’s check, bank draft, Post Office Money Order, or currency, or United States Government bonds or notes (at par value) deposited in accordance with Treasury Regulations. Money orders and checks shall be drawn payable to: USDI-National Park Service. The penal sum of the payment bond shall equal 100% of the original contract price. A copy of the SF-25A is included as an Attachment to this solicitation, for your reference.

Notice to the Government of Delays In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract completion schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of any order, the Contractor shall immediately notify the Contracting Officer or the COR, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date or any rights or remedies provided by law or under this order. Any request for extension of completion date shall be submitted with a justification, in writing, to the Contracting Officer.

Interpretations of Contract: Notice of Ambiguities

(a) This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties' complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

(b) It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated. Failure to comply with such obligation shall be deemed a waiver and release of any and all claims for extra costs or delay arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

SECTION I -- CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference.

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/far/html/52_301Matrix.html 52.203-3 Gratuities. GRATUITIES (APR 1984) 52.203-5 Covenant Against Contingent Fees. Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures. Anti-Kickback Procedures (May 2014) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) 52.204-13 System for Award Management Maintenance. System for Award Management Maintenance (Jul 2013) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) 52.211-18 Variation in Estimated Quantity. VARIATION IN ESTIMATED QUANTITY (APR 1984) 52.215-8 Order of Precedence—Uniform Contract Format. ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) 52.219-14 Limitations on Subcontracting. LIMITATIONS ON SUBCONTRACTING (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation. POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) 52.222-3 Convict Labor. CONVICT LABOR (JUNE 2003) 52.222-6 Construction Wage Rate Requirements. CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014) 52.222-7 Withholding of Funds. WITHHOLDING OF FUNDS (MAY 2014) 52.222-8 Payrolls and Basic Records. PAYROLLS AND BASIC RECORDS (MAY 2014) 52.222-9 Apprentices and Trainees. APPRENTICES AND TRAINEES (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements. COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) 52.222-11 Subcontracts (Labor Standards). SUBCONTRACTS (LABOR STANDARDS) (MAY 2014) 52.222-12 Contract Termination—Debarment. CONTRACT TERMINATION—DEBARMENT (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) 52.222-15 Certification of Eligibility. CERTIFICATION OF ELIGIBILITY (MAY 2014) 52.222-21 Prohibition of Segregated Facilities. PROHIBITION OF SEGREGATED FACILITIES (APR 2015) 52.222-26 Equal Opportunity. EQUAL OPPORTUNITY (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) 52.222-50 Combating Trafficking in Persons. COMBATING TRAFFICKING IN PERSONS (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658. MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015) 52.223-3 Alternate I, Hazardous Material Identification and Material Safety Data. HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) 52.223-5 Pollution Prevention and Right-to-Know Information. POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases. RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) 52.227-4 Patent Indemnity—Construction Contracts. PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007) 52.228-2 Additional Bond Security. ADDITIONAL BOND SECURITY (OCT 1997) 52.228-11 Pledges of Assets. PLEDGES OF ASSETS (JAN 2012) 52.228-14 Irrevocable Letter of Credit. IRREVOCABLE LETTER OF CREDIT (NOV 2014) 52.232-5 Payments under Fixed-Price Construction Contracts. PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014) 52.232-16 Progress Payments. PROGRESS PAYMENTS (APR 2012) 52.232-23 Assignment of Claims. ASSIGNMENT OF CLAIMS (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations. UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 52.233-1 Disputes. DISPUTES (MAY 2014) 52.233-3 Protest after Award. PROTEST AFTER AWARD (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 52.236-2 Differing Site Conditions. DIFFERING SITE CONDITIONS (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984) 52.236-5 Material and Workmanship. MATERIAL AND WORKMANSHIP (APR 1984) 52.236-6 Superintendence by the Contractor. SUPERINTENDENCE BY THE CONTRACTOR (APR 1984) 52.236-7 Permits and Responsibilities. PERMITS AND RESPONSIBILITIES (NOV 1991) 52.236-8 Other Contracts. OTHER CONTRACTS (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984) 52.236-10 Operations and Storage Areas. OPERATIONS AND STORAGE AREAS (APR 1984) 52.236-11 Use and Possession Prior to Completion. USE AND POSSESSION PRIOR TO COMPLETION (APR 1984) 52.236-12 Cleaning Up. CLEANING UP (APR 1984) 52.236-13 Accident Prevention. ACCIDENT PREVENTION (NOV 1991) 52.236-14 Availability and Use of Utility Services. AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984) 52.236-17 Layout of Work. LAYOUT OF WORK (APR 1984) 52.236-21 Specifications and Drawings for Construction. SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) 52.236-26 Preconstruction Conference. PRECONSTRUCTION CONFERENCE (FEB 1995) 52.242-14 Suspension of Work. SUSPENSION OF WORK (APR 1984) 52.243-5 Changes and Changed Conditions. CHANGES AND CHANGED CONDITIONS (APR 1984) 52.244-6 Subcontracts for Commercial Items. SUBCONTRACTS FOR COMMERCIAL ITEMS (FEB 2016) 52.246-21 Warranty of Construction. WARRANTY OF CONSTRUCTION (MAR 1994) 52.249-1 ALTERNATE I, TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM). TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984) 52.249-10 Default (Fixed-Price Construction). DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984) 52.253-1 Computer Generated Forms. COMPUTER GENERATED FORMS (JAN 1991) 1452.203-70, Restrictions on Endorsements – Department of Interior (July 1996)

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

1452.204-70, Release of Claims – Department of Interior (July 1996)

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

1452.215-70, Examination of Records by the Department of Interior (April 1984)

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

1452.228-70, Liability Insurance – Department of Interior (July 1996)

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

$200,000 each person $500,000 each occurrence $100,000 property damage

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

1452.236-70, Prohibition Against Use of Lead Based Paint – Department of Interior (July 1996)

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

1489.236-73, Archeological Findings (January 1988)

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

1489.236-79, Conduct of Operations (January 1988)

(a) At all times the Contractor shall conduct his organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe. Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer.

No signs or advertisements (except those specified herein) shall be displayed on the construction site or within the park except with approval of the Contracting Officer.

52.222-36 Equal Opportunity for Workers with Disabilities.

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) 52.225-9 Buy American—Construction Materials.

BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

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

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

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

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

“Cost of components” means—

(3) 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

(4) 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:

[Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Item 1:

Domestic construction material

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

52.228-13, Alternate Payment Protections (July 2000)

(a) The Contractor shall submit one of the following payment protections:

1. Payment Bond using Standard Form 25A (preferred method of payment protection), or

2. Irrevocable Letter of Credit

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within ten days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

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

LIST OF ATTACHMENTS

SECTION K -- REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

52.204-17 Ownership or Control of Offeror. Ownership or Control of Offeror (Nov 2014)

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

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation. Prohibition on Contracting with Inverted Domestic Corporations—Representation (Nov 2015)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Oct 2015)

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

52.204-8 Annual Representations and Certifications.

ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(APR 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is _237990, Park and recreational open space improvement construction _.

(2) The small business size standard is $36.50 (millions of dollars) .

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

____ (i) Paragraph (d) applies.

____(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for…