P17PS00107_-_Amendment_0002.pdf

(x)

P17PS00107

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

PDS

Denver CO 80225-0287 P.O. Box 25287 12795 W. Alameda Pkwy NPS, DSC Contracting Services Div

ACAD-16355212/20/2016000002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

12/20/2016

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The Purpose of Amendment 0002 is as follows:

1. Include Pre-Bid Sign-in Sheet in Attachments.

2. Include Wage Decisions for Heavy for Knox County (removing all recent incorrect Wage

Determinations).

3. Change Section L subsection C - Include the requirement to have an electronic copy of the entire proposal on a thumb drive.

4. All Questions for this Solicitation are due to the Government NLT 5:00pm (MT) on

February 14, 2017.

5. The response date for this solicitation is extend to 5:00pm (MT) on February 21, 2017.

6. Post Questions and Answers received since issuing Amendment 0001.

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Frank Camacho

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

P17PS00107/000002

There is no extension to the response date and time of this solicitation.

The Subject Solicitation is to replace the Duck

Harbor Pier at Acadia National Park

Knox County, Mount Desert, Maine.

PMIS: ACAD 163552

Estimated Construction Magnitude: Between

$500,000 and $1,000,000.

NAICS: 237990 - Other Heavy and Civil Engineering

Construction.

This is a Total Small Business Set-Aside.

Legacy Doc #: NPS

Period of Performance: 03/15/2017 to 06/15/2017

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation / Award

Document No.

P17PS00107

Document Title

ACAD-163552 Duck Harbor Pier

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule A Solicitation/Contract Form 1 B Supplies/Services and Prices 8 C Descriptions/Specifications/Statement of Work 9 D Packaging and Marking 13 E Inspection and Acceptance 14

52.246-12 Inspection of Construction (Aug 1996) F Deliveries or Performance 16

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages—Construction (Sept 2000) 52.211-13 Time Extensions (Sept 2000) 52.211-18 Variation in Estimated Quantity (Apr 1984) 52.242-14 Suspension of Work (Apr 1984)

G Contract Administration Data 18 1452.201-70 Authorities and Delegations (Sept 2011) 1452.204-70 Release of Claims (Jul 1996) DIAPR 2010-14 Contractor Performance Assessment Reporting System (Jul 2010) DIAPR 2011-04 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) (Apr

2013) H Special Contract Requirements 21

IMR 2009-01 Prohibition of All Terrain Vehicles (ATV)s - Intermountain Region (June 2009) Special Clause 1: Option for Additional Services—Separately Priced Line Items Special Clause 2: Key Personnel Liability Insurance Requirements Local Clause -- 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (Feb 2015)

PART II – Contract Clauses I Contract Clauses 23

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Apr 20100 52.203-14 Display of Hotline Poster(s) (Dec 2007) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Apr 2014) 1452.203-70 Restriction on Endorsements—Department of the interior (Jul 1996) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.204-14 Service Contract Reporting Requirements (Jan 2014)

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52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) 52.210-1 Market Research (Apr 2011) 52.215-2 Audit and Records—Negotiation (Oct 2010) 1452.215-70 Examination of Records by the Department of the Interior (Apr 1984) 52.215-8 Order of Precedence—Uniform Contract Format (Oct 1997) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications (Aug 2011) 52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications (Oct 2010) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions

(Jul 2005) 52.215-19 Notification of Ownership Changes (Oct 1997) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data—Modifications – Alternate IV (Oct 2010) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) 52.219-8 Utilization of Small Business Concerns (Oct 2014) 52.219-9 Small Business Subcontracting Plan (Oct 2014) —Alternate II (Oct 2001) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation (May 2014) 52.222-6 Construction Wage Rate Requirements (May 2014) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (May 2014) 52.222-9 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014) 52.222-12 Contract Termination—Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May

2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-21 Prohibition of Segregated Facilities (April 2015) 52.222-26 Equal Opportunity (April 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction (April 2015) 52.222-35 Equal Opportunity for Veterans (Jul 2014) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Jul 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (March 2015) 52.222-54 Employment Eligibility Verification (Aug 2013) 52.222-55 Minimum Wages Under Executive order 13658 (Dec 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data—Alternate I (Jan 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (May 20110 52.223-6 Drug-Free Workplace (May 2001) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Products (May

2008) 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(May 2008)

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52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.225-9 Buy American—Construction Materials (May 2014) 52.225-10 Notice of Buy American Requirement – Construction Materials (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.227-4 Patent Indemnity—Construction Contracts (Dec 2007) 52.228-1 Bid Guarantee (Sep 1996) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance—Work on a Government Installation (Jan 1997) 52.228-11 Pledges of Assets (Jan 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds—Construction (Oct 2010) 52.229-2 North Carolina State and Local Sales and Use Tax (Apr 1984) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (May 2014) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (July 2013) 52.232-39 Unenforceability of Unauthorized Obligations (June 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes—Alternate I (Dec 1991) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-1 Performance of Work by the Contractor (Apr 1984) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-4 Physical Data (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr

1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-26 Preconstruction Conference (Feb 1995) 1452.236-70 Prohibition Against Use of Lead-based Paint (July 1996) 52.242-13 Bankruptcy (July 1995) 52.243-4 Changes (June 2007) 52.244-6 Subcontracts for Commercial Items (April 2015) 52.246-21 Warranty of Construction (Mar 1994) 52.248-3 Value Engineering—Construction (Oct 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)—Alternate I (Sept

1996)

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52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)

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

J

List of Attachments

PART IV – Representations and Instructions K Representations, Certifications, and Other Statements of Offerors 118

Local Clause 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (Feb 2015)

52.204-8 Annual Representations and Certifications (Dec 2014) 52.204-17 Ownership or Control of Offeror (Nov 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Dec 2014) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.236-28 Preparation of Proposals – Construction (Oct 1997)

L Instructions, Conditions, and Notices to Offerors 122 Instructions for the Submission of Offers and Other Information 52.204-7 System for Award Management (Jul 2013) 52.204-16 Commercial and Government Entity Code Reporting (Nov 2014) 52.204-18 Commercial and Government Entity Code Maintenance (Nov 2014) 52.211-6 Brand Name or Equal (Aug 1999) 52.215-1 Instructions to Offerors1—Competitive (Jan 2004) 52.215-16 Facilities Capital Cost of Money (June 2003) 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior (Apr 1984) 52.216-1 Type of Contract (Apr 1984) 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for

Construction (Feb 1999) 1452.233-2 Service of Protest Department of the Interior (Sept 2006) Deviation (JUL 1996) 52.236-27 Site Visit (Construction) (Feb 1995) 52.236-27 Site Visit (Construction)—Alternate I (Feb 1995) 52.252-5 Authorized Deviations in Provisions (Apr 1984)

M Evaluation Factors for Award 134 Significant Factors and Subfactors

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SECTION B – SUPPLIES OR SERVICES AND PRICES

CONTRACT PRICE SCHEDULE

SOLICITATION NUMBER: ACAD 163552

PARK: Acadia National Park DEVELOPED AREA: Duck Harbor, Isle Au Haut, Maine

PROJECT TITLE: Duck Harbor Pier Rehabilitation

Notice: Offerors are required to submit, at a minimum, an offer that conforms to the solicitation documents with pricing line items. Failure to do so may render the proposal unacceptable. On lump-sum line items, provide the total price only. 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 errors in summations, the total of the corrected amounts govern. Round totals and extended prices to whole dollars.

CONTRACT

LINE ITEM

NUMBER

CONTRACT LINE ITEM DESCRIPTION

QUANTITY

UNIT OF

MEASURE

UNIT PRICE

TOTAL PRICE

Duck Harbor Pier Rehabilitation ea

TOTAL PRICE

All measurement and payment information (for the line items listed above) is included in the project specifications and drawings.

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SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

SECTION 01 11 00 - SUMMARY OF WORK

PART 1 - GENERAL

1.1 SUMMARY

A. This Section includes the following:

1. Work covered by the Contract Documents.

2. Work under other contracts.

3. Contractor use of premises.

4. Public use of site.

5. Work Restrictions.

6. Special Construction Requirements.

1.2 WORK COVERED BY CONTRACT DOCUMENTS

A. Project Location: Duck Harbor Pier in Acadia National Park on Isle au Haut.

B. The Work consists of the following:

1. The major elements of work include: removal and disposal of existing gangway, scow, pier superstructure and masonry support concrete caps; rehabilitation of stone masonry supports; new stone masonry support concrete caps; new concrete backwall; new pier steel and timber superstructure; new gangway; new scow; and new davit crane.

C. All work proposed on this project shall be done in accordance with the Contract Documents, including all plans and specifications.

D. The Contractor shall furnish all labor, materials, equipment, tools, transportation services and supplies required to complete the work in accordance with the Contract Documents.

E. Project will be constructed under a single prime contract.

1.3 CONTRACTOR USE OF SITE

A. General: Contractor’s use of the site for construction operations during the construction period will be limited to barges and/or platforms supported by current foundations.

B. Storage of Materials: Confine storage of materials to barges and/or platforms supported by current foundations.

C. Preservation of Natural Features:

1. Prevent damage to natural surroundings. Restore damaged areas, repairing or replacing damaged ground cover, trees and plants, in kind with mature materials at no additional expense to the Government.

2. Provide temporary barriers to protect existing trees and plants and root zones.

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3. Do not remove, injure, or destroy trees or other plants without prior approval. Consult with Contracting Officer and remove agreed-on roots and branches that interfere with construction.

4. Do not fasten ropes, cables, or guys to existing trees.

5. Carefully supervise excavating, grading, filling, and other construction operations near trees to prevent damage and use hand work where needed to preserve large roots.

6. Do not allow repetitive foot traffic on vegetated or intertidal areas without first establishing plywood, bridging planks on level area and steps/ladders on slopes to protect ground cover from compaction and disturbance. Fully contain abrasive blasting material with plastic barriers and lay tarps below chipping and pointing to prevent it from falling on vegetated areas.

D. Construction Camp: Establishment of a camp within the park will not be permitted.

1.4 PUBLIC USE OF SITE

A. Contractor shall at all times conduct his operations to ensure the least inconvenience to the public and the campground may remain open.

1.5 WORK RESTRICTIONS

A. On-Site Work Hours: Work shall be generally performed during normal business working hours of 7 a.m. to 6 p.m., Monday through Friday, except when otherwise indicated.

1. Weekend and NPS Holiday Hours: No work shall be performed on the weekends and

NPS holidays without prior approval.

2. Early Morning Hours: No work shall be performed before 7 a.m. unless approved by the

Contracting Officer.

B. Existing Utilities

1. Existing Utilities: Notify Contracting Officer and utility companies of proposed locations and times for excavation.

2. Contractor shall be responsible for locating and preventing damage to known utilities. If damage occurs, repair utility at no additional expense to the Government.

3. If damage occurs to an unknown utility, repair utility. An equitable adjustment will be made in accordance with the Changes clause of the contract.

C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Government or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated:

1. Notify Contracting Officer not less than 48 hours in advance of proposed utility interruptions.

2. Do not proceed with utility interruptions without Contracting Officer’s written permission.

3. Disruptions to facilities outside the project limits shall be prevented by investigation of existing utilities and protection during construction. Contractor shall be responsible for all costs associated with remedy of accidental disruptions to facilities outside the project limits.

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1.6 SPECIAL CONSTRUCTION REQUIREMENTS

A. The Contractor will be allowed to commence work on site at any time on or after April 1.

B. Winter shut down will be based on written contractor request to the Contracting Officer when temperature conditions are no longer suitable for remaining work to progress.

C. A 48 hour notice is required for any changes in the approved work schedule.

D. Slopes used by Contractor to access the site shall have staked open rubber matting, temporary stairs, or other measures installed to prevent erosion, death and loss of vegetation due to repeated foot traffic.

E. All vegetated and stream areas shall be protected from accumulation of debris and cleaning materials.

F. Equipment when not in use shall be shut off to minimize noise and air-pollution.

G. As part of the lump sum price the Contractor shall provide OSHA compliant (to include providing a competent supervisor) staging, ladders, or other access acceptable to the Contracting Officer, as necessary to inspect all exposed joints/surfaces to be considered for work and the completion of subsequent work. The Contracting Officer reserves the right to refuse the use of staging he determines to be unsafe for use and require corrections before continuation. The Contracting Officer, his designees and consultants will furnish their own fall protection harness and tether. The contractor is responsible for providing anchoring systems independent of staging and is fully liable for the use of staging and ladders by the Contracting Officer, designees and consultants. Staging or ladders must remain in place or be reinstalled for inspection of the completed work.

1.7 SOILS INVESTIGATION REPORT

A. No soils investigation reports are available for this project.

1.8 SALVAGE OF NATIVE STONE AND EXCAVATED MATERIAL:

A. All blasted ledge of any size, all native stones with dimensions 12” x 12” or larger, and all other excavated material suitable for reuse shall remain property of the Park. Place in storage piles as directed by Contracting Officer.

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PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 01 11 00

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SECTION D – PACKAGING AND MARKING

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SECTION E – INSPECTION AND ACCEPTANCE

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.

(End of clause)

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SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 125 calendar days after commencement of work. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 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.

52.211-13 TIME EXTENSIONS (SEPT 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.

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.

52.242-14 SUSPENSION OF WORK (APR 1984)

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(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.

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SECTION G – CONTRACT ADMINISTRATION DATA

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 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.

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.

DIAPR 2010-14 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JUL 2010)

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

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

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

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

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.gov. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government.

If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

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

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

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

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

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

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

(End of Local Clause)

DIAPR 2011-04 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP)

(APR 2013)

http://www.cpars.gov/ http://www.cpars.gov/

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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 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:

Pay Estimate Form and Current Schedule of Values

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.

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

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

IMR 2009-01 PROHIBITION OF ALL TERRAIN VEHICLES (ATV)S - INTERMOUNTAIN REGION

(JUN 2009)

The contractor is prohibited from utilizing All-Terrain Vehicles (ATV)s on National Park Service lands. ATV is defined as: A motorized off-highway vehicle (OHV) traveling on four or more low-pressure tires, having a seat to be straddled by the operator and a handlebar for steering control.

Use of Utility Terrain Vehicles (UTVs) are permitted. UTV (also called a side-by-side) is defined as: A motorized OHV having four or more low pressure tires, designed with side-by-side seats, seatbelts, steering wheel, and optional cab, brush cage, or ROPS.

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 person $200,000 Per occurrence for bodily injury $500,000 (other than passenger liability) Per occurrence for property damage $20,000

Aircraft public and passenger liability, when aircraft used in connection with the performing this contract Per person $200,000 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

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(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.

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)

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SECTION I – CONTRACT CLAUSES

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.

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 clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) “Bona fide agency,” as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

“Bona fide employee,” as used in this clause, means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

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“Contingent fee,” as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

“Improper influence,” as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

(a) Definitions.

“Kickback,” as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in…