P17PS00002_SF-1442_w-Constr_Clauses_ _Provisions.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

NPS, DSC Contracting Services Div

12795 W. Alameda Pkwy

P.O. Box 25287 Denver CO 80225-0287

PDS

National Park Service, Denver Service Center

12795 W. Alamada Pkwy, Room 311 P.O. Box 25287 Denver, Colorado 80225-0287

Alan Stormont 303-969-2117

STLI-201065

x 10/13/2016

P17PS00002

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

*This is a competitive total small business set-aside acquisition limited to small business firms. All responsible sources may submit an offer for consideration in accordance with these and other terms and conditions of the solicitation.*

It is anticipated that a Pre-Proposal Conference/Site Visit will be scheduled sometime during the last week of October/first week of November 2016. Specific details regarding this meeting will be provided in the solicitation, once posted, or by amendment to this solicitation if not scheduled by that time. See FAR provision

52.236-27 Site Visit (Construction), Section L.

The subject Solicitation P17PS00002 consists of the following construction services to be performed at the Statue of Liberty National Monument on Liberty Island, New

York County, New York:

Site Improvements in the Arrival Mall - Includes removal of approximately 8,000 square feet (SF) of damaged granite and replacing with new brick pavers and reinstalling approximately 4,700 SF of existing pavers to complete the tie-ins.

Site Improvements in the Main Mall - Consists of installing 5,300 SF of new brick

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.)

15 300 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

11/28/2016

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, DSC Contracting Services Div 12795 W. Alameda Pkwy

P.O. Box 25287 Denver CO 80225-0287

PDS

Albert O'Mara

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

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 125

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

P17PS00002

pavers and reinstalling 1,900 SF of existing pavers.

Tree Panels - Install 90 feet of granite curb, 11,500 SF of brick pavers and 4,700 SF of granite pavers, all with related sand and base. 560 feet of existing granite walls will be cleaned and kiosk reinstalled. Forty-six (46) new trees will be planted with new replacement soil and mulch.

Over 900 lineal feet (LF) each of new tree and trench drains will be installed and connected to the existing system.

The project includes 1,650 LF of stainless steel fencing and mesh. Three sets of double leaf gates and drainage and utility work are also included in the work.

Magnitude of Construction: FAR 36.204 Between

$1M and $5M. NPS DSC Between $3M and $4M.

NAICS Codes and Size Standards: Primary - 238990

($15.0M) / Secondary - 561730 ($7.5M)

Period of Performance: 300 calendar days

Statue of Liberty National Monument

Site Improvements at Statue of Liberty National

Monument, New York (STLI-201065/211177/224137)

Liberty Island, New York County, New York

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Document No.

P17PS00002

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

National Monument, New York

TABLE OF CONTENTS

PART I – The Schedule

SECTION A Solicitation/Contract Form 1

SECTION B Supplies/Services and Prices 9

B.1 Contract Price Schedule 9

SECTION C Descriptions/Specifications/Statement of Work 11

SECTION D Packaging and Marking 12

SECTION E Inspection and Acceptance 13

E.1 FAR 52.246-12 Inspection of Construction (Aug 1996) 13

SECTION F Deliveries or Performance 14

F.1 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 14

F.2 FAR 52.211-12 Liquidated Damages—Construction (Sept 2000) 14

F.3 FAR 52.211-13 Time Extensions (Sept 2000) 14

F.4 FAR 52.211-18 Variation in Estimated Quantity (Apr 1984) 14

F.5 FAR 52.242-14 Suspension of Work (Apr 1984) 14

SECTION G Contract Administration Data 16

G.1 DIAR 1452.201-70 Authorities and Delegations (Sept 2011) 16

G.2 DIAR 1452.204-70 Release of Claims (Jul 1996) 16

G.3 DOI AAAP 0050 Contractor Performance Assessment Reporting System (Feb 2016) 16

G.4 DOI AAAP 0028 Electronic Invoicing and Payment Requirements – Internet Payment Platform

(IPP) (Jun 2015)

SECTION H Special Contract Requirements 19

H.1 Special Clause 1: Option for Additional Services—Separately Priced Line Items 19

H.2 Special Clause 2: Key Personnel 19

H.3 Liability Insurance Requirements 19

H.4 Local Clause -- 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (Feb 2015)

PART II – Contract Clauses

SECTION I Contract Clauses 21

I.1 FAR 52.202-1 Definitions (Nov 2013) 21

I.2 FAR 52.203-3 Gratuities (Apr 1984) 21

I.3 FAR 52.203-5 Covenant Against Contingent Fees (May 2014) 21

I.4 FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) 21

I.5 FAR 52.203-7 Anti-Kickback Procedures (May 2014) 22

I.6 FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(May 2014)

I.7 FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 23

I.8 FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 24

I.9 FAR 52.203-14 Display of Hotline Poster(s) (Oct 2015) 26

I.10 FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

I.11 DIAR 1452.203-70 Restriction on Endorsements—Department of the interior (Jul 1996) 27

I.12 FAR 52.204-2 Security Requirements (Aug 1996)—Alternate II (Apr 1984) 27

I.13 FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 28

I.14 FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 28

I.15 FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 29

I.16 FAR 52.204-13 System for Award Management Maintenance (Jul 2013) 31

I.17 FAR 52.204-14 Service Contract Reporting Requirements (Jan 2014) 32

I.18 FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 33

I.19 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 33

I.20 FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015)

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

I.21 FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) 35

I.22 FAR 52.215-2 Audit and Records—Negotiation (Oct 2010) 35

I.23 FAR 52.215-8 Order of Precedence—Uniform Contract Format (Oct 1997) 36

I.24 FAR 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications (Aug

2011)

I.25 FAR 52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications (Oct 2010) 37

I.26 FAR 52.215-19 Notification of Ownership Changes (Oct 1997) 38

I.27 FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications (Oct 2010)

I.28 DIAR 1452.215-70 Examination of Records by the Department of the Interior (Apr 1984) 39

I.29 FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 39

I.30 FAR 52.219-8 Utilization of Small Business Concerns (Oct 2014) 40

I.31 FAR 52.219-14 Limitations on Subcontracting (Nov 2011) 41

I.32 FAR 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 42

I.33 FAR 52.222-3 Convict Labor (Jun 2003) 42

I.34 FAR 52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation (May 2014) 43

I.35 FAR 52.222-6 Construction Wage Rate Requirements (May 2014) 44

I.36 FAR 52.222-7 Withholding of Funds (May 2014) 45

I.37 FAR 52.222-8 Payrolls and Basic Records (May 2014) 45

I.38 FAR 52.222-9 Apprentices and Trainees (Jul 2005) 46

I.39 FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 47

I.40 FAR 52.222-11 Subcontracts (Labor Standards) (May 2014) 48

I.41 FAR 52.222-12 Contract Termination—Debarment (May 2014) 48

I.42 FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(May 2014)

I.43 FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 49

I.44 FAR 52.222-15 Certification of Eligibility (May 2014) 49

I.45 FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 49

I.46 FAR 52.222-26 Equal Opportunity (Sep 2016) 50

I.47 FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52

I.48 FAR 52.222-35 Equal Opportunity for Veterans (Oct 2015) 55

I.49 FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 55

I.50 FAR 52.222-37 Employment Reports on Veterans (Feb 2016) 55

I.51 FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec

2010)

I.52 FAR 52.222-50 Combating Trafficking in Persons (Mar 2015) 61

I.53 FAR 52.222-54 Employment Eligibility Verification (Oct 2015) 61

I.54 FAR 52.222-55 Minimum Wages Under Executive order 13658 (Dec 2015) 63

I.55 FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (Sept 2013)

I.56 FAR 52.223-3 Hazardous Material Identification and Material Safety Data—Alternate I (Jan 1995) 66

I.57 FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 20110 67

I.58 FAR 52.223-6 Drug-Free Workplace (May 2001) 67

I.59 FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Products

(May 2008)

I.60 FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (May 2008)

I.61 FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 69

I.62 FAR 52.224-1 Privacy Act Notification (Apr 1984) 69

I.63 FAR 52.224-2 Privacy Act (Apr 1984) 70

I.64 FAR 52.225-9 Buy American—Construction Materials (May 2014) 70

I.65 FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 72

I.66 FAR 52.227-1 Authorization and Consent (Dec 2007) 72

I.67 FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 73

I.68 FAR 52.227-4 Patent Indemnity—Construction Contracts (Dec 2007) 73

I.69 FAR 52.227-17 Rights in Data—Special Works (Dec 2007) 73

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

I.70 FAR 52.228-2 Additional Bond Security (Oct 1997) 74

I.71 FAR 52.228-5 Insurance—Work on a Government Installation (Jan 1997) 75

I.72 FAR 52.228-11 Pledges of Assets (Jan 2012) 75

I.73 FAR 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 75

I.74 FAR 52.228-14 Irrevocable Letter of Credit (Nov 2014) 75

I.75 FAR 52.228-15 Performance and Payment Bonds—Construction (Oct 2010) 78

I.76 FAR 52.229-3 Federal, State, and Local Taxes (Feb 2013) 78

I.77 FAR 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 79

I.78 FAR 52.232-17 Interest (May 2014) 81

I.79 FAR 52.232-23 Assignment of Claims (May 2014) 82

I.80 FAR 52.232-27 Prompt Payment for Construction Contracts (May 2014) 82

I.81 FAR 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) 87

I.82 FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 88

I.83 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 88

I.84 FAR 52.233-1 Disputes—Alternate I (Dec 1991) 88

I.85 FAR 52.233-3 Protest after Award (Aug 1996) 89

I.86 FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 90

I.87 FAR 52.236-1 Performance of Work by the Contractor (Apr 1984) 90

I.88 FAR 52.236-2 Differing Site Conditions (Apr 1984) 90

I.89 FAR 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 90

I.90 FAR 52.236-5 Material and Workmanship (Apr 1984) 91

I.91 FAR 52.236-6 Superintendence by the Contractor (Apr 1984) 91

I.92 FAR 52.236-7 Permits and Responsibilities (Nov 1991) 91

I.93 FAR 52.236-8 Other Contracts (Apr 1984) 91

I.94 FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(Apr 1984)

I.95 FAR 52.236-10 Operations and Storage Areas (Apr 1984) 92

I.96 FAR 52.236-11 Use and Possession Prior to Completion (Apr 1984) 92

I.97 FAR 52.236-12 Cleaning Up (Apr 1984) 93

I.98 FAR 52.236-13 Accident Prevention – Alternate I (Nov 1991) 93

I.99 FAR 52.236-14 Availability and Use of Utility Services (Apr 1984) 93

I.100 FAR 52.236-15 Schedules for Construction Contracts (Apr 1984) 94

I.101 FAR 52.236-21 Specifications and Drawings for Construction – Alternate I (Apr 1984) 94

I.102 FAR 52.236-26 Preconstruction Conference (Feb 1995) 95

I.103 DIAR 1452.236-70 Prohibition Against Use of Lead-based Paint (Jul 1996) 95

I.104 FAR 52.242-13 Bankruptcy (Jul 1995) 95

I.105 FAR 52.243-4 Changes (Jun 2007) 95

I.106 FAR 52.244-6 Subcontracts for Commercial Items (Jun 2016) 96

I.107 FAR 52.246-21 Warranty of Construction—Alternate I (Apr 1984) 97

I.108 FAR 52.248-3 Value Engineering—Construction (Oct 2015) 98

I.109 FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)—

Alternate I (Sept 1996)

I.110 FAR 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 102

I.111 FAR 52.252-6 Authorized Deviations in Clauses (Apr 1984) 103

I.112 FAR 52.253-1 Computer Generated Forms (Jan 1991) 103

PART III – List of Documents, Exhibits, and Other Attachments

SECTION J List of Attachments 104

PART IV – Representations and Instructions

SECTION K Representations, Certifications, and Other Statements of Offerors

K.1 Local Clause 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (DEVIATION 2015-02) (Feb 2015)

K.2 FAR 52.204-8 Annual Representations and Certifications (Apr 2016) 105

K.3 FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 107

K.4 FAR 52.236-28 Preparation of Proposals – Construction (Oct 1997) 108

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

SECTION L Instructions, Conditions, and Notices to Offerors 109

L.1 Instructions for the Submission of Offers and Other Information 109

L.2 FAR 52.204-7 System for Award Management (Jul 2013) 112

L.3 FAR 52.204-16 Commercial and Government Entity Code Reporting (Jul 2015) 113

L.4 FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015) 114

L.5 FAR 52.211-6 Brand Name or Equal (Aug 1999) 115

L.6 FAR 52.214-34 Submission of Offers in the English Language (Apr 1991) 115

L.7 FAR 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 115

L.8 FAR 52.215-1 Instructions to Offerors—Competitive (Jan 2004)—Alternate I (Oct 1997) 116

L.9 FAR 52.215-16 Facilities Capital Cost of Money (Jun 2003) 118

L.10 DIAR 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior (Apr

1984)

L.11 FAR 52.216-1 Type of Contract (Apr 1984) 119

L.12 FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014) 119

L.13 FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction (Feb 1999)

L.14 FAR 52.225-10 Notice of Buy American Requirement – Construction Materials (May 2014) 121

L.15 FAR 52.228-1 Bid Guarantee (Sep 1996) 121

L.16 DIAR 1452.233-2 Service of Protest Department of the Interior (Sept 2006) Deviation (Jul 1996) 122

L.17 FAR 52.236-27 Site Visit (Construction)—Alternate I (Feb 1995) 122

L.18 FAR 52.252-5 Authorized Deviations in Provisions (Apr 1984) 122

SECTION M Evaluation Factors for Award 123

M.1 Significant Factors and Subfactors 123

M.2 FAR 52.217-5 Evaluation of Options 125

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

SECTION A – SOLICITATION/CONTRACT FORM

No clauses included.

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 CONTRACT PRICE SCHEDULE

SOLICITATION NUMBER: P17PS00002

PARK - PMIS: STLI 201065 & STLI 211177

DEVELOPED AREA: New York, New York

PROJECT TITLE: Site Improvements at Statue of Liberty National Monument, New York

Notice: Refer to FAR Clause 52.217-5, Evaluation of Options, as prescribed in FAR 17. Offerors are required to submit, a minimum, an offer that conforms to the solicitation documents with pricing for Base line items and all option line items. Failure to do so may render the proposal unacceptable. On lump-sum line items, provide the total price only. For all unit-priced line items, provide the unit price and the extended total price. If no specific line item exists for a portion of the work, include the costs in a related item. In case of error in calculation of extended prices, the unit price governs. In case of error in summation, the total of the corrected amounts govern. Round totals and extended prices to whole dollars. The Government reserves the right to award any or no options at or after the time of award. At the option of the Government, the period for exercise of options at the proposed prices shall extend 180 calendar days from the date of award. Pricing will be evaluated based on what is determined to be the best value to the Government. Options may be exercised in any combination, order, or grouping deemed in the judgment of the Contracting Officer to offer the best value to the Government.

CONTRACT LINE

ITEM NUMBER

(CLIN)

CONTRACT LINE ITEM (CLI) TITLE QUANTITY

UNIT OF

MEASURE

UNIT PRICE TOTAL PRICE

STLI 211177 - Install New Fencing at Fort Wood

1 Install Fencing at Fort Wood 1 LS

TOTAL BASE PRICE (Contract Line Item Number 1)

A Option A - Fort Wood Exterior Electrical 1 LS

TOTAL PROPOSED PRICE - STLI 211177 - Install New Fencing at Fort Wood - BASE PLUS OPTION A (Contract Line Item Number 1 & Option A)

STLI 201065 - Approach Mall / Flag Plaza

2 Site Preparation 1 LS

3 New Pedestrian Paving 7,870 SF

Reinstall, Replace, and Reset Existing Pavers

4,710 SF

5 Clean and Repoint Seat Wall 1 LS

6 Reset Seat Wall Slabs 44 SF

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

7 Relocate Kiosk and Associated Utilities 1 LS

8 Storm Sewer System Cleaning 200 LF

9 Site Utilities 1 LS

Clean and Finish New and Existing Pavement

46,225 LS

TOTAL BASE PRICE (Contract Line Item Number 2 through 10)

B Option B - Audio Kiosk Relocation 1 LS

TOTAL PROPOSED PRICE - STLI 201065 - Approach Mall / Flag Plaza - BASE PLUS OPTION B (Contract Line Item Numbers 2 through 10 and Option B)

STLI 201065 - Main Mall and Tree Panels

11 Site Preparation 1 LS

12 New Pedestrian Paving Main Mall 1 LS

Reinstall, Replace, and Reset Existing Pavers

1,885 SF

14 New Pedestrian Paving Bosque Area 15,561 SF

15 Clean and Repoint Seat Wall 1 LS

16 Reset Seat Wall Slabs 2,785 SF

Bosque Area Landscape Planting and Irrigation

1 LS

18 Relocate Kiosk and Associated Utilities 1 LS

19 Site Utilities 1 LS

TOTAL BASE PRICE - STLI 201065 - Main Mall and Tree Panels (Contract Line Item Numbers 11 through 19)

TOTAL PROPOSED PRICE ALL 3 PROJECTS AND OPTIONS

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

(End of clause)

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

C.1

DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF

WORK

The specifications and drawings (i.e. Construction Documents) for this acquisition/contract are incorporated herein by reference (see

Attachments 1 and 2 to Section J of these clauses and provisions). The contractor shall perform the work in accordance with this contract including all attachments hereto.

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

SECTION D – PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

No clauses included.

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to

Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

Contractor shall promptly segregate and remove rejected material from the premises.

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

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

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

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

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

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

SECTION F – DELIVERIES OR PERFORMANCE

F.1 FAR 52.211-10

COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK - ALTERNATE I

APR 1984

The Contractor shall be required to (a) commence work under this contract within 15 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 300 calendar days after issuance of the construction notice to proceed.* The time stated for completion shall include final cleanup of the premises.

F.2 FAR 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 $1,000.00 for each calendar day of delay until the work is completed or accepted.

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

F.3 FAR 52.211-13 TIME EXTENSIONS SEP 2000

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

F.4 FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

F.5 FAR 52.242-14 SUSPENSION OF WORK APR 1984

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

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

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty 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.

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

SECTION G – CONTRACT ADMINISTRATION DATA

G.1

DIAR

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.

(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)

G.2

DIAR

1452.204-70

RELEASE OF CLAIMS—DEPARTMENT OF THE

INTERIOR

JUL 1996

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

(End of clause)

G.3

DOI AAAP

CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM

FEB 2016

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior

(DOI) has implemented the Contractor Performance Assessment 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.

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

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance

Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

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

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

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

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

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

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

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

e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in

PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

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

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

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

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

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

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

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

(End of Notice)

G.4

DOI AAAP

ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS – INTERNET PAYMENT PLATFORM

(IPP)

JUN 2015

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment 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 https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty 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) the pay estimate cover sheet, with supporting second sheet (subcontractor certification) and third sheet (limitations on subcontracting percentage worksheet);

2) Schedule of Values;

3) Construction Schedule;

4) Certified payrolls without social security numbers or other privacy protected information; and

5) a signed construction payment request approval form.

The Contractor shall provide all appropriate documentation as required by the contract. The contractor shall submit a draft IPP invoice package via email to the CO and COR for review and approval prior to submission of the electronic IPP invoice to avoid rejection of invoices. The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment.

The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the

Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

(End of Local Clause) https://www.ipp.gov ippgroup@bos.frb.org

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1

SPECIAL

CLAUSE 1

OPTION FOR ADDITIONAL SERVICES—SEPARATELY

PRICED LINE ITEMS

The Government may require the delivery of the numbered line items identified in the Schedule as option items at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by written notice to the Contractor within 180 days after contract award. Performance of added line item tasks shall be at the price negotiated in the contract Schedule.

(End of clause)

H.2

SPECIAL

CLAUSE 2

KEY PERSONNEL

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

Project Manager(s)

Project Superintendent(s)

Quality Control Supervisor(s) – cannot also be the Superintendent

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within

15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

H.3 LIABILITY INSURANCE REQUIREMENTS

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

Employer's liability $100,000

General liability $500,000

Construction

Per person $100,000

Per occurrence $500,000

Property damage $1,000,000

Architect-Engineer

Per person $200,000

Per occurrence $500,000

Property damage $ 20,000

Automobile liability

Per occurrence for bodily injury $500,000 (other than passenger liability)

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

Per occurrence for property damage $20,000

Aircraft public and passenger liability, when aircraft used in connection with the performing this contract

Per occurrence for bodily injury $500,000

Per occurrence for property damage $200,000

Passenger liability bodily injury $200,000 multiplied by number of seats or passengers, whichever is greater

If this is a construction contract, the Contractor shall maintain compensation insurance, for employees engaged in the work, complying with the workmen's compensation laws of the State in which the work is to be performed and shall maintain liability insurance protecting the Contractor from claims because of bodily injury (including death) and property damage arising under this Contract.

(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.

(End of clause)

H.4

LOCAL

CLAUSE

52.203-99

PROHIBITION ON CONTRACTING WITH ENTITIES

THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS

FEB 2015

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

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

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form

4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

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

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

(End of local clause)

Document Title

STLI-201065/211117/224137 – Site Improvements at Statue of Liberty

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.202-1 DEFINITIONS NOV 2013

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

I.2 FAR 52.203-3 GRATUITIES APR 1984

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative—

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled—

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This paragraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this…