Provisions and Clauses R0001.pdf

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Table of Contents

PART I - THE SCHEDULE A-1

SECTION A - SOLICITATION/CONTRACT FORM A-1

STANDARD FORM (SF) 1442 SOLICITATION, OFFER, AND AWARD NOTICE: Competitive Small Business Set-Aside (Construction, Alteration, or Repair) A-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS B-7

B.1 COST AND PRICE SCHEDULE B-1

B.2 SUPPLIES, SERVICES OR BOTH TO BE FURNISHED B-2

B.3 CONSIDERATION -- FIXED-PRICE B-3

SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT C-1

C.1 SPECIFICATIONS AND PLANS C-1

SECTION D - PACKAGING AND MARKING D-1

SECTION E - INSPECTION AND ACCEPTANCE E-3

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE E-1

E.2 INSPECTION AND ACCEPTANCE E-2

SECTION F - DELIVERIES OR PERFORMANCE F-4

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE F-1

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OFWORK ALT 1 F-2

F.3 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS F-3

F.4 PRINCIPAL PLACE OF PERFORMANCE F-4

SECTION G - CONTRACT ADMINISTRATION DATA G-3

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS G-1

G.2 INVOICES G-2

G.3 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR) G-3

SECTION H - SPECIAL CONTRACT REQUIREMENTS H-19

H.1 EXECUTIVE ORDER 13513 PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT

SUPPLIED BY THE GOVERNMENT WHILE DRIVING H-1

H.2 1452.228-70 LIABILITY INSURANCE H-2

H.3 1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT – DEPARTMENT OF THE TERIOR H-3

H.4 WAGE DETERMINATION H-4

H.5 SAFETY H-5

H.6 PAYROLL H-6

H.7 OPERATION OF FACILITY DURING CONSTRUCTION H-7

H-8 WORK HOURS H-8

H-9 USE OF PREMISES H-9

H-10 MAXIMUM WORK WEEK H-10

H-11 SAMPLES AND CERTIFICATES H-11

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H-12 DISPOSAL H-12

H-13 CONTRACTOR EMPLOYEES H-13

H-14 PERMITS H-14

H-15 QUALITY OF WORK H-15

H-16 COMPLETION OF WORK H-16

H-17 MATERIAL APPROVAL SUBMITTALS H-17

H-18 ARCHEOLOGICAL FINDINGS H-18

H-19 DOI ELECTRONIC INVOICING ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET

PAYMENT PLATFORM (IPP) H-19

PART II - CONTRACT CLAUSES I-6

SECTION I - CONTRACT CLAUSES I-6

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE I-1

I.2 52.222-35 EQUAL OPPORTUNITY FOR VETERANS I-2

I.3 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES I-3

I.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE I-4

I.5 CONTRACTING OFFICER REPRESENTATIVE I-5

I.7 52.217-8 OPTION TO EXTEND SERVICES I-6

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J-1

SECTION J - LIST OF ATTACHMENTS J-1

PART IV - REPRESENTATIONS AND INSTRUCTIONS K-8

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS K-8

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCOPRORATED BY REFERENCE K-1

K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION K-2

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS K-3

K.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS K-4

K.5 52.209-7 INFORMATION REGARDING RESPONSIILITY MATTERS K-5

K.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION K-6

K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS K-7

K.8 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN

SUDAN—CERTIFICATION K-8

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L-8

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE L-1

L.2 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE L-2

L.3 52.216-1 TYPE OF CONTRACT L-3

L.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE

WORK L-4

L.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS L-5

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L.6 52.233-2 SERVICE OF PROTEST L-6

L.7 52.236-27 ALT 1 SITE VISIT (CONSTRUCTION) (FEB 1995) L-7

L.8 PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS L-8

SECTION M - EVALUATION FACTORS FOR AWARD M-1

M.1 EVALUATION M-1

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PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE AND COSTS

B.1 COST AND PRICE SCHEDULE

PARK: Virgin Island National Park

LOCATION: St. Johns’, USVI

PROJECT

TITLE:

VIIS 244622 – Repair Lameshur Road

ITEM DESCRIPTION QTY UNIT TOTAL

PRICE

Base Item 10

Lameshur Road - Provide grading and road repairs as outlined in the Statement of Work 1

Lump

Sum $

TOTAL CONTRACT AMOUNT $

B.2 SUPPLIES, SERVICES, OR BOTH TO BE FURNISHED

Contractor shall provide all labor, qualified supervision, material, tools, equipment, supplies and incidentals to preform road grading and repairs to .6 miles of dirt and gravel road surface on the Lameshur road in accordance with the statement of work. All materials will be supplied, hauled and placed by the contractor

B.3 CONSIDERATION -- FIXED-PRICE

The total firm-fixed price of this contract is $__________________.

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SECTION C - DESCRIPTION, SPECIFICATIONS AND STATEMENT OF WORK

C.1 SPECIFICATIONS AND PLANS

The statement of work and wage determinations are attached and listed in Section J as Attachments.

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SECTION D - PACKAGING AND MARKING

D.1 Postage and Fees Payment: Contractor shall pay all postage and fees concerning submitting information forms, reports, etc., to Contracting Officer (CO) or CO’s Representative (COR).

D.2 Marking: All information submitted to the CO or COR shall indicate the contract’s Contract Number.

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses concerning this section are incorporated by reference (by Citation Number, Title, and Date) per the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-13 INSPECTION—DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS AUG 1996

E.2 INSPECTION AND ACCEPTANCE

CO or a duly authorized representative shall make final inspection and acceptance at:

Inspection: Lameshur Road located on St. John’s Island, Virgin Islands National Park, US Virgin Islands

Acceptance: (Same as Above)

For this clause, CO’s Representative (COR) named in the Designation of COR clause in this contract is CO’s representative. The CO reserves the right to unilaterally designate other Government agents as authorized representatives. Should that occur, the CO will give Contractor written notice.

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) per the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

APR 2015

52.227-4 PATENT INDEMNITY – CONSTRUCTION CONTRACTS DEC 2007

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.242-14 SUSPENSION OF WORK APR 1984

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

Contractor shall be required to (a) commence work under this contract in 10 calendar days after the date Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 days after issuance of Notice to Proceed. The time stated for completion shall include the premises’ final cleanup.

F.3 52.225-9 BUY AMERICAN ACT – 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.

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

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

“Cost of components” means--

(1) For components purchased by 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 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 the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. Under 41 U.S.C. § 1907, the Buy American statute component test is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). Contractor shall

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use only domestic construction material in performing this contract, except as paragraphs (b)(2) and (b)(3) of this clause provides.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) CO may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that:

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

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

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

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

(1)(i) Any Contractor request to use foreign construction material per 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 per paragraph (b)(3) of this clause.

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(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 Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If Contractor does not submit a satisfactory explanation, CO need not make a determination.

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

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

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

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)

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F.4 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at: St. John’s, Virgin Islands National Park, US Virgin Islands.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer (CO): Contracting Officer Representative (COR):

Name: Lara Wood Name: Assigned at time of award Phone: 828.243.3466 Phone:

Email: Lara_Wood@nps.gov Email:

G.2 INVOICES

DOI ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

Payment Request means any request for contract financing payment or invoice payment by Contractor. To constitute a proper invoice, the payment request must follow the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Condition - Commercial Items including in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Contractor must use the IPP website to register, access and use IPP for submitting requests for payment.

Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) in 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 Contractor is unable to follow the requirement to use IPP for submitting invoices for payment, Contractor must submit a waiver request in writing to the CO with its proposal or quotation.

G.3 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

For this contract, COR, shall be: Assigned at time of award.

mailto:Lara_Wood@nps.gov https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Executive Order 13513 Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government While Driving as prescribed in Federal Leadership on Reducing Text Messaging While Driving.

Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving (Oct 2009)

This Executive Order introduces a Federal Government-wide Prohibition on using text messaging while driving on official business or while using Government–supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or rented vehicles, government-owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on the government’s behalf.

H.2 1452.228-70 LIABILITY INSURANCE (JUL 1996)

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

$100,000.00 each person* $500,000.00 each occurrence* $1,000,000.00 property damage*

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify CO 30 days before 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 CO, as well as the insured, the policy number and a brief description of contract services to be performed.

Contractor shall furnish CO with a copy of an acceptable insurance certificate before beginning the work.

H.3 1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT - DEPARTMENT

OF THE INTERIOR (JUL 1996)

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

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H.4 WAGE DETERMINATION

In performing this contract, Contractor shall follow the requirements of U.S. Department of Labor Wage Determination Number VI20200002 dated 01/03/2020, which is contained as an Attachment to this solicitation.

H.5 SAFETY

Contractor must establish and comply with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Occupational Safety and Health Act (OSHA) or Federally approved State equivalent(s); the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA) and Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

Safety Plan

• Contractor shall submit a Site‐specific Safety Plan for the work prescribed in this contract. If a general company health and safety plan exists, submit that as well.

• The plan shall designate a competent individual who can oversee and understand worker safety and the hazards associated with the work to implement the plan.

• The plan shall contain a diagram with narrative for pedestrian and vehicular control during the work.

Note where and what type of controls will be used to protect visitors or employees from the work.

• The plan shall describe the work site’s potential hazards for each phase, along with all company policies, controls, work practices selected to minimize those hazards and detail the implementation of the plan.

• The plan shall contain at a minimum company policy or goals statement, responsible persons list, hazard identification, hazard controls and safe practices, emergency and accident response, employee training and communication as well as recordkeeping procedures.

H.6 PAYROLL

Contractor must furnish copies of weekly payrolls to the CO. Payroll submission is required weekly, 7 days after the payroll period closes.

H.7 OPERATION OF FACILITY DURING CONSTRUCTION

Construction activities must not interrupt the function and the facility’s daily operations during construction.

The Contractor must coordinate with the Project Inspector for any temporary measures. All temporary measures employed shall be at Contractor’s expense and shall be removed the contract is completed.

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H.8 WORK HOURS

Normal work hours are from 7:30 a.m. through 5:00 p.m., Monday through Friday. Contractor will not be permitted to work at the job site on Saturday, Sunday or legal holidays unless CO authorizes otherwise.

Requests to work over a holiday must be received no less than 5 working days before the holiday.

H.9 USE OF PREMISES

Contractor shall have full use of premises for construction operations, including use of Project site, during construction period. Contractor’s use of premises is limited only by the Government’s right to perform work or to retain other contractors on portions of the project.

• Unless provided otherwise, Contractor shall provide and maintain temporary restrooms for the workforce at the site through the performance period. Solid waste shall be disposed of per applicable federal, state, and local regulations.

• Confine on-site material storage, equipment and vehicle parking, and staging area to areas specifically designated by COR. For other areas, provide written request to COR five days before occupying these areas.

• Keep job site clear of trash and debris. Dispose of any trash, debris and other unusable material legally at authorized facilities on non-federal land. Provide a construction dumpster for this work.

Food trash and debris shall be placed in the appropriate receptacles at the end of each day- not a construction dumpster.

• Contractor shall always conduct its operations to ensure the least inconvenience to the public and employees.

• Contractor shall make provisions to allow continued use of the general area outside the specific construction zone surrounding the building and access to sidewalks, etc.

• Contractor shall provide adequate signing and barricades and take necessary safety measures to protect the public during all construction operations. Contractor shall minimize disturbance of all undisturbed areas.

H.10 MAXIMUM WORK WEEK

The maximum workweek that will be approved is 40 hours. Contractor’s proposed hours of work are to include daily starting and stopping times.

H.11 SAMPLES AND CERTIFICATES

When the specifications or CO requires, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by CO or designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction the contract performance requirements specify. Contractor shall submit duplicate samples, except as otherwise specified, RFP 140P5521R0001 19 to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall both be used in the work until CO’s written approval.

H.12 DISPOSAL

Contractor will dispose of all debris, rubbish, and non-usable material from the site and all federal property in a manner that meets federal, state and local laws.

H.13 CONTRACTOR EMPLOYEES

• Contractor shall provide CO with the name(s) and contact information of the responsible supervisor authorized to act for Contractor.

• Contractor shall furnish enough personnel to perform, supervise and manage all work.

• Assign a competent and experienced person to oversee the safety on and construction of this project with the authority to stop or correct work due to safety concerns, unsatisfactory materials or workmanship.

• All personnel performing work shall be fully qualified and experienced in the work to be performed in this contract. When applicable, personnel shall be certified in the necessary work for which being performed by that person. COR may at any time request copies of necessary certifications.

• Contractor employees and all sub-contractors shall conduct themselves in a proper, efficient, courteous and business-like manner.

• Contractor shall remove from the site any employee or sub-contractor whose continued employment CO deems contrary to public interest or inconsistent with the National Park Service’s interest.

• Horseplay, rough housing, and other inappropriate behavior shall not be tolerated.

• Headphones shall be used if music is desired.

H.14 PERMITS

Contractor shall, without additional expense to the government, obtain all appointments, licenses, and permits required to perform work under this contract. Contractor shall follow federal, state and local laws.

Contractor will provide evidence of all permits and licenses to CO before the work commences and will always display them on the job site.

H.15 WORK QUALITY

Workmanship shall be of the highest quality and best practices of the trade. Contractor shall conform to all requirements of the state and county code, ANSI A 10.6 and applicable National Fires Protection Association codes. All replacement materials shall conform to the manufacturer specifications and standards. Substitute items shall be equal to or better that the original material and the Government must approve.

H.16 COMPLETION OF WORK

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The time stated for the project’s completion includes all material procurement, payroll records, corrections of all discrepancies (Punch List Items), and final clean up on premises as stated in the clause “Commencement, Prosecution and Completion of Work”, FAR 52.211-10 (APR 1984) Section F.

H.17 MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the clause entitles “Materials and Workmanship”, FAR 52.236-5 (APR 1984), Section I, shall be submitted to CO through COR in five (5) copies. The Denver Service Center Form (DSC-1) entitled “Transmittal USDI, National Park Service”, shall be used. Contractor shall re-submit any disapproved submittals in 7 calendar days of disapproval.

H.18 ARCHEOLOGICAL FINDINGS

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

H.19 Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) APRIL

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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

Payroll and contractors’ invoice

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by

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contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov 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)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) per the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to a clause’s full text.

NUMBER TITLE DATE

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT JUN 2020

52.203-7 ANTI-KICKBACK PROCEDURES JUN 2020

52.203-8 CANCELLATION, RECESSION, 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 JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE SIDED ON POSTCONSUMER FIBER CONTENT

PAPER MAY 2011

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS OCT 2016

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUB-CONTRACTING WITH

CONTRACTOR’S DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT JUN 2020

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS OCT 2018

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS NOV 2015

52.215-2 AUDIT AND RECORDS-NEGOTIATIONS JUN 2020

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT OCT 1997

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE MAR 2020

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52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2018

52.219-14 LIMITATIONS ON SUBCONTRACTING MAR 2020

52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION MAY 2020

52.222-3 CONVICT LABOR JUN 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS-OVERTIME COMPENSATION MAR 2018

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018

52.222-7 WITHHOLDING OF FUNDS MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS AUG 2018

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 REQUIRMENTS 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 APR 2015

52.222-26 EQUAL OPPORTUNITY SEP 2016

52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN 2020

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT DEC 2010

52.222-50 COMBATING TRAFFICKING IN PERSONS OCT 2020

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION OCT 2015

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 DEC 2015

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2017

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION MAY 2011

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING JUN 2020

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008

52.227-1 AUTHORIZATION AND CONSENT JUN 2020

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT JUN 2020

52.228-1 BID GUARANTEE SPE 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 AUG 2018

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 JUN 2020

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS MAY 2014

52.232-16 ALT 1 PROGRESS PAYMENTS JUN 2020

52.232-17 INTEREST MAY 2014

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 OCT 2018

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS CONTRACTORS 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

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52.236-1 PERFORMANCE OF WORK BY CONTRACTOR APR 1984

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984

52.236-6 SUPERINTENDENCE BY CONTRACTOR APR 1984

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 BEFORE COMPLETION APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ALT 1 ACCIDENT PREVENTION NOV 1991

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984

52.236-15 SHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-13 BANKRUPTCY JUL 1995

52.243-4 CHANGES JUN 2007

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS OCT 2020

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

52.248-1 VALUE ENGINEERING JUN 2020

52.248-3 VALUE ENGINEERING – CONSTRUCTION OCT 2020

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) APR 2012

52.249-2 ALT 1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) SEP 1996

52.249-3 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING,

DEMOLITION, OR REMOVAL OF IMPROVEMENTS) APR 2012

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.249-10 ALT 1 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2. 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR)22.1301.

(b)Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c)Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, 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.

https://www.acquisition.gov/far/part-22#FAR_22_1301 https://www.acquisition.gov/far/part-22#FAR_22_1303

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(End of Clause)

I.3. 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

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

(b)Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, 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)

I.4 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): http://www.acquisition.gov/far/index.html

I.5 CONTRACTING OFFICER’S REPRESENTATIVE

(a) Contracting Officer (CO) may designate Government personnel to act as CO’s Representative (COR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. CO will provide a written notice of such designation to Contractor in 5 working days after contract award or for construction, not less than five working days before giving Contractor the notice to proceed. The designation letter will state the authorities and limitations of COR under the contract.

(b) CO cannot authorize COR or any other representative to sign documents, such as contracts, contract modifications, etc., that require CO’s signature.

https://www.acquisition.gov/far/part-22#FAR_22_1408 http://www.acquisition.gov/far/index.html

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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

List of Documents, Exhibits and Other Attachments

Attachment Number Attachment Title Date

Number of Pages

Cross Reference Materials

Document Version

Statement of Work Repair Lameshur Road St. Johns, USVI

11/2020 12 BASE

Wage Determinations Virgin Islands VI2020002

01/03/2020 5 BASE

Past Performance Questionnaire & General References

11/2020 6 BASE

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PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

The following solicitation provisions pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) per the FAR provision at FAR “52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE” in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to a provision’s full text.

NUMBER TITLE DATE

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS SEP 2007

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC 2014

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION NOV 2015

52.222-38 COMPLIANCE WITH VETERANS’ EMPLOYMENT REPORTING REQUIREMENTS FEB 2016

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND

CERTIFICATIONS JUN 2020

52.236-28 PREPARATION OF PROPOSALS – CONSTRUCTION OCT 1997

K.2 52.203-2 – CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) Offeror certifies that --(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to --

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

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(2) The prices in this offer have not been and will not be knowingly disclosed by Offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless the law requires otherwise; and

(3) No attempt has been made or will be made by Offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in Offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in Offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in Offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If Offeror deletes or modifies subparagraph (a)(2) of this provision, Offeror must furnish with its offer a signed statement stating in detail the circumstances of the disclosure.

(End of Provision)

K.3 52.204-8 – ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $39.5M.

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

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

(d) of this provision applies.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838

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(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and Offeror has an active registration in the System for Award Management (SAM), Offeror may choose to use paragraph (d) of this provision instead of completing COR responding individual representations and certifications in the solicitation. Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies

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

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

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

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

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063268 https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112458 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063408 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-18 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063736 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063796 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062479 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062558

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

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

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

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

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

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

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

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

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

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

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

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

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

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation.