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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
PMH
Omaha NE 68102 601 Riverfront Drive
NPS, MWR - MWRO MABO
0009060439 CODE 16. ADMINISTERED BYCODE
X
X
X
237110
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORPMH
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
07/24/2017 1400 CT
06/30/2017
402 661-1896Bridget Parizek (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
P17PS01778
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 37 0040342973OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
St. Croix Falls WI 54024 401 N Hamilton Street NPS, MWR, St Croix NSR
15. DELIVER TO
Omaha NE 68102 601 Riverfront Drive
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$36.50
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
NPS, MWR - MWRO MABO
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Solicitation P17PS01778 Replace Well at Howell Landing at Saint Croix National Scenic Riverway in St. Croix Falls, Wisconsin.
*This requirement is a Total Small Business Set Aside in accordance with FAR 52.219-6 and 15 U.S.C. 644. The applicable NAICS code for this solicitation is 237110, Water and Sewer Line and Related Structures Construction. The Small Business size standard is $36.5M.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
DATED
Diana Vanderzanden
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
CONTRACTING POC: Bridget Parizek, Bridget_Parizek@nps.gov
SITE VISIT: Please see clause 52.236-27 - Site
Visit (Construction) for additional information.
We encourage all interested contractors to attend a site visit.
GENERAL INFORMATION: In accordance with FAR
36.204, the magnitude of this project is less than $25,000.
CONSTRUCTION DURATION: 30 Calendar Days from
Notice to Proceed
REQUIRED BONDS: Bonds will not be required.
TYPE OF CONTRACT: Firm-Fixed Price
REQUIRED SUBMISSION DOCUMENTS:
1. Completed CLIN Schedule
2. Itemized breakdown for each CLIN to include labor hours, material, overhead, and profit.
3. Signed SF1449
4. See Section L for Technical Capability and
Past Performance requirements.
Be advised that this requirement may be delayed, canceled, or revised at any time during the
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 37
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
P17PS01778
process based on decisions related to the
Department of the Interior (DOI) and National
Park Service (NPS) changes.
ALL QUESTIONS WILL BE PRESENTED TO
BRIDGET_PARIZEK@NPS.GOV ON THIS PROJECT; DO NOT
CONTACT THE PARK.
Legacy Doc #: NPS
Delivery: 30 Days After Notice to Proceed
Period of Performance: 08/01/2017 to 09/01/2017
00010 The contractor shall provide all personnel, equipment, tools, materials, and supervision, necessary to install a new conventional potable water well system at Howell Landing at Saint
Croix National Scenic Riverway.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 4 of 37
Contents B – SUPPLIES OR SERVICES/PRICES.......................................................................................................………7 C – DESCRIPTION/SPECIFICATIONS ......................................................................................................………8 E – INSPECTION AND ACCEPTANCE ......................................................................................................……..11
52.246-12 Inspection of Construction. (APR 1996) Interim and Final Inspections:
F – DELIVERIES OR PERFORMANCE .....................................................................................................……..11 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984) 52.242-14 Suspension of Work (APR 1984)
G – CONTRACT ADMINISTRATION DATA ............................................................................................……..11 Electronic Invoicing and Payment Requirements – Invoicing Processing Platform (IPP) (April 2013)
SUBMITTALS
1452.201-70 Authorities and Delegations (SEP 2011)
I – CONTRACT CLAUSES ............................................................................................................................……..13 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.204-13 System for Award Management Maintenance. (JUL 2013) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (DEC 2014) 52.211-12 Liquidated Damages - Construction. (SEP 2000) 52.211-13 Time Extensions. (SEP 2000) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-3 Convict Labor. (JUN 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. (FEB 1999) 52.222-26 Equal Opportunity. (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) – 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-9 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. (JUN 2008) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-1 Bid Guarantee. (SEP 1996)
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 5 of 37
52.228-5 Insurance - Work on a Government Installation. (JAN 2017) 52.228-11 Pledges of Assets. (JAN 2012) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-16 Progress Payments, Alternate I (MAR 2000) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-25 Prompt Payment. (JAN 2017) 52.232-27 Prompt payment for construction contracts. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)...21 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) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-14 Suspension of Work. (APR 1984) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (JAN 2017) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price)(Short Form) (APR 1984)) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.251-1 Government Supply Sources. (APR 2012) 52.253-1 Computer Generated Forms. (JAN 2017) 1452.204-70 Release of Claims – Department of the Interior. (JUL 1996) 1452.228-70 Liability Insurance – Department of the Interior (JUL 1996)
J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS.............................................……..23 Attachment 1 – DOL Wage Determinations Attachment 2 – Past performance Data Sheet
K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS .........……..24 52.204-8 Annual Representations and Certifications. (JAN 2017) 52.204-16 Commercial and Government Entity Code Reporting. (JUL 2015) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) 52.223-1 Biobased Product Certification. (MAY 2012) 52.223-4 Recovered Material Certification. (MAY 2008) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (DEC 2012) 52.236-28 Preparation of Proposals - Construction. (OCT 1997)
L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS....................................................……..32 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.204-7 System for Award Management. (JUL 2013) 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2015) 52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2004) 52.216-1 Type of Contract. (APR 1984) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 6 of 37
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.233-2 Service of Protest. (SEP 2006) 52.236-27 Site Visit (Construction)(FEB 1995) 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984) Addenda to FAR 52.215-1 – Specific Instructions to Offerors
M – EVALUATION FACTORS FOR AWARD ...........................................................................................……..36
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 7 of 37
B – SUPPLIES OR SERVICES/PRICES
SCHEDULE
Each proposed item shall include all cost for materials, labor, expenses, fees, and taxes plus permitting costs, overhead and profit associated with each proposed item to construct the following areas of work in accordance with the contact documents. The unit costs shall include the costs for all construction disciplines (civil, structural, mechanical, electrical, control work, etc.) associated with the work area. In addition to completing the lump sum price proposal below, the offeror shall attach a complete price breakout detailing all unit costs for labor, supervision, material and equipment. The offeror may use his/her own format.
ITEM DESCRIPTION QUANTITY UNIT PRICE
00010 Replace Well at 1 Job $___________ Howell Landing
TOTAL LUMP SUM PRICE $___________
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 8 of 37
C – DESCRIPTION/SPECIFICATIONS
Scope of Work
Install Potable Water Well at Howell Landing - Namekagon District National Park Service - St. Croix National Scenic Riverway
PMIS 234008
1.1 Project Description
The contractor shall provide all personnel, equipment, tools, materials, and supervision, necessary to install a new conventional potable water well system for the National Park Service (NPS) – St. Croix National Scenic Riverway, (SACN) located at Howell Landing in the Namekagon District. Furthermore, the contractor shall also perform the abandonment of the existing well located at Howell Landing. All work shall follow all state and local codes and provide appropriate documentation to the State of Wisconsin.
The new well shall conform to appropriate Wisconsin State Well Code as well as abide by Wisconsin Natural Resources Chapter NR 812 – Well Construction and Pump Installation. The depth of the well shall be determined by the level at which a sufficient supply of safe, potable water is found. The well shall be cased. A new submersible pump and pressure tank shall be installed in the new well. The contractor shall perform the electrical hookup at the pump. The location of the well shall be determined by both the well driller and SACN and will remain within the footprint of the area cleared by NPS archeologists. The contractor shall provide for all necessary permitting and submittals to the State of Wisconsin.
The abandonment of the existing well shall be performed after NPS staff has installed the new water supply system and fountain, and after the new water system has been tested and found safe to consume. There will be no disruption of the water supply during the period of time between the installation of the new well system and the abandonment of the existing well. This will require the contractor to revisit the site at a later date to complete the abandonment work.
1.2 Location
SACN Tracts number 24-103 and 23-143 S20 T41N R13W Town of Chicog Washburn County, Wisconsin
PIN 65-016-2-41-13-20-1 02-000-001000
(Howell Landing is located on the Namekagon River at the terminal end of Burian Place Road. There is no identifying address or fire number.)
1.3 Well Description
The well casing shall be either 6” steel or 5” PVC. The depth of the well shall be determined by the level at which a sufficient supply of safe, potable water is found. Based upon the depth of the existing well, it is estimated that the depth of the well will be less than 100 feet in depth. The well system shall be at least a ½ horsepower pump equivalent to or better than a Grundfos SQ, SQE. It shall include a pressure tank with a sufficient capacity to support the water system and dimensions no greater than 26 inches in diameter and 50 inches in height, drop pipe, fittings, pitless, all electrical materials, and an appropriately sized stainless steel screen. The well shall be tested to ensure operation. Well water shall be tested for coliform bacterial and nitrates. The well shall be disinfected. Water supply line shall be trenched below the frost line. It shall be brought up to the surface and terminated in a manner above ground so SACN park personnel can access. Furthermore, the supply line shall be installed with appropriate components to allow for draining of the line in order to prevent the line from freezing. Maximum distance between well and pressure tank will be no greater than 12 feet. A water supply line and electrical conduit line shall be installed from the pressure tank site to the location of a water fountain. Furthermore, an electrical conduit line shall be installed from the pressure tank site to the location of the electrical pedestal and meter.
A water supply line shall be installed utilizing directional boring, also known as horizontal directional drilling. This supply line shall travel from the well/pressure tank location to the water fountain site and shall be of appropriate size and material for the water line. The exact distance of the supply line will need to be determined by the contractor;
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 9 of 37 however, it is estimated to be no more than 200 feet in length. Furthermore, an additional appropriately sized conduit pipe shall be installed, utilizing directional boring. This conduit will be used to run electrical lines to the well from the electrical pedestal. Appropriate type and gauge of electrical wire shall be run in the conduit and terminated at each end. The exact distance from the well to the electrical pedestal will be determined by the contractor; however, it is estimated to be no more than 200 feet. Additionally, an appropriately sized conduit shall be installed, utilizing directional boring, from the well to the water fountain. This conduit shall be used to run electrical lines from the well to the water fountain. Appropriate type and gauge (at least 14 gauge) electrical wire shall be run in the conduit and terminated at each end leaving a sufficient whip to allow NPS personnel to attach to electrical components. The exact distance from the well to the fountain will need to be determined by the contractor; however, it is estimated to be no more than 200 feet.
Abandonment of the existing well shall follow all state and local codes and provide appropriate documentation to the State of Wisconsin. Abandonment shall include at minimum the following: removal of the pump and any piping inside of the casing. Next, the well or drill hole will need to be filled from bottom to top with proper filling materials, such as cement grout, concrete grout, concrete, a clay/sand slurry mix or in some cases, bentonite chips.
Then, the area around the casing will be dug out approximately 1 foot below grade. Finally, the casing cut off below grade and covered with soil. Proper documentation shall be provided to SACN and the State of Wisconsin. The park (SACN) will retain the submersible pump. If for whatever reason, the pump or components of a pump are frozen within the casing and are unable to be removed, the well must be abandoned appropriately following all State of Wisconsin and local codes.
As stated previously, the abandonment of the existing well shall be performed after NPS staff has installed the new water supply system and fountain, and after the water has been tested and found safe to consume. There will be no disruption of the water supply during the period of time between the installation of the new well system and the abandonment of the existing well. This will require the contractor to revisit the site at a later date to complete the abandonment work. The contractor will be notified by NPS staff when abandonment of the old well can occur.
1.4 Safety
Contractor shall provide skilled, trained, experienced and competent workers to complete the work as specified, and shall be fully responsible to ensure compliance with current OSHA regulations for personnel and equipment on site at all times. Contractor will maintain Safety Data Sheets pertaining to products utilized on site at all times. All Contract personnel must utilize the proper safety equipment. If applicable, the Contractor shall provide, erect, and maintain all necessary barricades, warning and danger signs and take all necessary precautions for the protection of the workers and safety of the public. All barricades and signs shall be in accordance with Part 5, American National Standards Institute (ANSI) Standard D6.1, Manual of Uniform Traffic Control for Highways. All contractor employees must utilize the proper safety equipment and follow applicable OSHA regulations. Work can be halted by the Contracting Officer Representative (COR) if proper safety measures are not followed.
1.5 Underground Utilities
It will be the Contractor’s responsibility to locate underground utilities within the work site, or have the underground utilities located by another party within the work site.
1.6 Building Site and Work Hours
The Contractor shall be limited to certain work areas at the site for equipment and tool storage. The Government does not provide secure storage at the site. The government accepts no responsibility for materials, tools or equipment left on-site by the Contractor.
There are no known archeological concerns in the immediate work area. However, the contractor will be advised that if an archeological find is discovered, the CO and COR must be notified and work in that area must be ceased until cleared by the National Park Service.
Work will be performed during normal NPS scheduled working hours. Normal NPS working hours are: Monday through Friday, 6:00 a.m. – 4:30 p.m. No work will be performed on weekends or Federal Holidays. Special arrangements may be made to accommodate the contractor.
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 10 of 37
1.7 Grading and Clean Up
The contractor shall fill or smooth any holes, ruts, depressions, or mounds created by the contractor upon completion of the project. Final grading will be the responsibility of NPS personnel.
Any fasteners, glass, concrete, lumber, or metal will be removed. A strong magnet shall be required to remove screws, nails, and any other small metal pieces from the ground.
The contractor will be responsible for the disposal or recycling of any debris, waste, or scrap material generated by the construction project.
1.8 Inspections
Inspection will be performed during project and upon completion. The COR will examine work completed to ensure contractor fulfilled contractual obligations to the Park.
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 11 of 37
E – INSPECTION AND ACCEPTANCE
52.246-12 Inspection of Construction. (APR 1996)
INCORPORATED BY REFERENCE
Interim and Final Inspections:
1. Prior to covering, enclosing, or hiding any type of work, the contractor shall contact the Contracting Officer’s Representative to perform an interim inspection. Failure to contact the COR to perform an interim inspection prior to concealment may result in the Contractor being required to uncover performed work sufficiently to allow for proper inspection.
2. When ready for final inspection, the Contractor shall notify the Contracting Officer and Contracting Officer’s Representative, requesting a final inspection in writing to the Contracting Officer. The final inspection shall normally be requested a minimum of three (3) working days before the desired inspection date or as otherwise negotiated with the Contracting Officer.
3. The final inspection will be on-site with the Contractor, the Contracting Officer’s Representative and the Contrast Specialist/Contracting Officer (when possible).
F – DELIVERIES OR PERFORMANCE
52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984) The Contractor shall be required to (a) commence work under this contract within ten (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 30 calendar days after the Contractor received the notice to proceed. The time stated for completion shall include final cleanup of the premises.
(End of clause)
52.242-14 Suspension of Work (APR 1984)
INCORPORATED BY REFERENCE
G – CONTRACT ADMINISTRATION DATA
Electronic Invoicing and Payment Requirements – Invoicing Processing Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).
“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: http://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Vendor’s Invoice, along with any other supporting documentation as stipulated by the Contracting Officer.
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause) http://www.ipp.gov/ mailto:ippgroup@bos.frb.org
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 12 of 37
SUBMITTALS
1. If required, submittals shall be submitted within ten (1) calendar days after award. This shall include, but not limited to, manufacturer’s instructions, drawings, and samples.
2. An electronic copy of the submittal and supporting documents shall be submitted via e-mail to the Contracting Officer when possible. If the files are too large the contractor shall deliver the submittals via an alternate method of their preference, ensuring delivery within the 10 day time frame.
1452.201-70 Authorities and Delegations (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1)Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(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)
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I – CONTRACT CLAUSES
52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/?q=browsefar or http://farsite.hill.af.mil
(End of clause)
52.203-5 Covenant Against Contingent Fees. (MAY 2014)
INCORPORATED BY REFERENCE
52.203-7 Anti-Kickback Procedures. (MAY 2014)
INCORPORATED BY REFERENCE
52.204-13 System for Award Management Maintenance. (JUL 2013)
INCORPORATED BY REFERENCE
52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)
INCORPORATED BY REFERENCE
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (DEC 2014)
INCORPORATED BY REFERENCE
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 $104.78 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
52.211-13 Time Extensions. (SEP 2000)
INCORPORATED BY REFERENCE
52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)
INCORPORATED BY REFERENCE
52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)
(a) Definitions. As used in this clause-
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a https://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 14 of 37 small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.
Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Reprensentations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 15 of 37
The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code 237110, Water and Sewer Line and Related Structures Construction, assigned to contract number [insert contract number]. (Contractor to sign and date and insert authorized signer's name and title).
(End of clause)
52.222-3 Convict Labor. (JUN 2003)
INCORPORATED BY REFERENCE
52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation (MAY 2014)
INCORPORATED BY REFERENCE
52.222-6 Construction Wage Rate Requirements. (MAY 2014)
INCORPORATED BY REFERENCE
52.222-7 Withholding of Funds. (MAY 2014)
INCORPORATED BY REFERENCE
52.222-8 Payrolls and Basic Records. (MAY 2014)
INCORPORATED BY REFERENCE
52.222-9 Apprentices and Trainees. (JUL 2005)
INCORPORATED BY REFERENCE
52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)
INCORPORATED BY REFERENCE
52.222-11 Subcontracts (Labor Standards). (MAY 2014)
INCORPORATED BY REFERENCE
52.222-12 Contract Termination - Debarment. (MAY 2014)
INCORPORATED BY REFERENCE
52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)
INCORPORATED BY REFERENCE
52.222-14 Disputes Concerning Labor Standards. (FEB 1988)
INCORPORATED BY REFERENCE
52.222-15 Certification of Eligibility. (MAY 2014)
INCORPORATED BY REFERENCE
52.222-21 Prohibition of Segregated Facilities. (FEB 1999)
INCORPORATED BY REFERENCE
52.222-26 Equal Opportunity. (APR 2015)
INCORPORATED BY REFERENCE
52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) –
INCORPORATED BY REFERENCE
52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 16 of 37 basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of Clause)
52.222-50 Combating Trafficking in Persons. (MAR 2015)
INCORPORATED BY REFERENCE
52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015)
INCORPORATED BY REFERENCE
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)
INCORPORATED BY REFERENCE
52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)
INCORPORATED BY REFERENCE
52.223-6 Drug-Free Workplace. (MAY 2001)
INCORPORATED BY REFERENCE
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008)
INCORPORATED BY REFERENCE
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)
INCORPORATED BY REFERENCE
52.225-9 Buy American - Construction Materials. (MAY 2014)
(a) Definitions. As used in this clause- Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 17 of 37 single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Domestic construction material means-
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if-
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
Foreign construction material means a construction material other than a domestic construction material.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)).
The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 18 of 37
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.
However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Solicitation No. P17PS01778 SACN – Replace Well at Howell Landing Page 19 of 37
FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON
Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:
Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______
Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]
(End of clause)
52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs
(c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material…
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