Sol_140P1221R0006.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040526751

NPS, IMR - Lakewood MABO

12795 W Alameda Parkway

Lakewood CO 80228

PIL

Cynthia Markum (970) 556-3158

1x 06/01/2021

140P1221R0006

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

This is a Request for Proposal to replace portions of existing water system at the

Kolob Canyons Visitor Center, Zion National Park in Utah. It includes demolition and removal of an existing underground 12,000-gallon fiberglass storage tank, well pumping equipment and chlorination equipment, and replace with a new 50,000-gallon

Cast-in-Place concrete water storage tank and associated equipment well pump and equipment, yard piping and associated appurtenances. Work includes construction of bollards, asphalt patching, construction of new water mains and service lines, installation of new tank controls, water treatment piping, electrical conduit and wiring, and chemical feed pump. Site work will include trenching, backfilling, native soil replacement, mulching and seeding (revegetation) of all areas along the path of the new water mainline in order.

a) The North American Industrial Classification System (NAICS) code is 237110 Water system storage tank and tower construction and the associated small business size standard is $39.5.

b) This is a Service-Disabled Veteran Owned Set-Aside.

c) In accordance with FAR 36.204, the estimated magnitude of this construction project is between $1,000,000 and $5,000,000.

d) There will be an organized site visit. An amendment will be posted with date and

Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

30 0 calendar days and complete it within ________________ ________________ calendar days after receiving

07/07/2021

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

DOI, NPS, IMR - Lakewood MABO 12795 W Alameda Parkway

Lakewood CO 80228

PIL

Sherry Packard

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 43

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P1221R0006 location.

e) All work will be performed under a single firm-fixed-price construction contract subject to the Wage Rate Requirements (Construction) clauses, Davis-Bacon Act WD #UT2021009 01012021.

g) Construction must be complete by September 30, 2021.

PROSPECTIVE OFFERORS MUST BE REGISTERED WITH THE

SYSTEM OF AWARD MANAGEMENT AT:

https://www.sam.gov/SAM/

Please submit your completed SF-1442, Contract

Price Schedule, and submit all documents necessary to respond to evaluation requirements, complete any required clauses information, and email to Cynthia Markum by July 7, 2021.

The Contract Specialist is the sole point of contact for this solicitation. Submit all questions and comments to: Cynthia Markum, cynthia_markum@nps.gov, (970) 556-3158.

Legacy Doc #: NPS

Delivery: 09/30/2021

Delivery Location Code: 0009060548

NPS, Zion NP

Hwy 9

Springdale UT 84767 US

Period of Performance: 08/02/2021 to 09/30/2021

00010 Kolob Canyons Water Tank & Distribution, see attached specifications and drawings.

Product/Service Code: Y1NE

Product/Service Description: CONSTRUCTION OF

WATER SUPPLY FACILITIES

Period of Performance: 06/01/2021 to 09/30/2021

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

Sponsored by GSA

FAR (48 CFR) 53.110

NATIONAL PARK SERVICE

Request for Proposal 140P1221R0006

ZION NATIONAL PARK – KOLOB CANYON WATER TANK AND

DISTRIBUTION SYSTEM

Type of Contract:

Construction Firm Fixed Priced (FFP) Single Award SDVOSB Set-Aside

Magnitude: $1,000,000- $5,000,000 NAICS: 237110 SIZE STD: $39.5 M SET-ASIDE: 41 U.S.C 2534(b)

Contracting Officer: Sherry Packard Contract Specialist: Cynthia Markum (970) 556-3158 Project Manager/Contracting Officer Representative: Dr. Bry Carter

Site Visit: TBD

Proposal Submittal Information:. Proposal to be e-mailed to cynthia_markum@nps.gov. Proposal due July 7, 2020

Award Selection Process:

Service-Disabled, Veteran-Owned, Small-Business set-aside, Price Fair and Reasonable and Responsibility

Evaluation: using a tradeoff process, all evaluation factors other than cost or price, when combined, are approximately equal to cost or price.

mailto:cynthia_markum@nps.gov

SECTION A – Form SF 1442 SECTION B - Supplies or Services/Prices

Request for Proposal - 140P1221R0006 Contract Price Schedule

ZION NATIONAL PARK – WATER TANK AND DISTRIBUTION SYSTEM

Notice: Offerors are required to submit, a minimum, an offer that conforms to the solicitation documents with pricing for Base line items and all option line items. Failure to do so may render the proposal unacceptable. On lump-sum items, provide the total price only. For all unit-priced line items, provide option line items. Failure to do so may render the proposal unacceptable. On lump-sum line items, provide the total price only. For all unit-priced line items, provide the unit price and the extended total price. If no specific line item exists for a portion of the work, include the costs in a related item. In case of error in calculation of extended prices, the unit price governs. In case of error in summation, the total of the corrected amounts govern. Round totals and extended prices to whole dollars.

Contract Line Item Number

(CLIN)

Contract Line Item (CLI) Title Quantity Unit of Measure

Unit Price Total Price

1 Well Pump, Control Panel, and Sanitary Seal

1 LS

2 Water Storage Tank 1 LS

3 Water Distribution Piping 1 LS

TOTAL BASE PRICE (Contract Line Item Number 1 through 3) ------------------------------------------------------- 4 OPTION A, 3" Pipe from Well to Building 1 LS

TOTAL PRICE FOR ALL OPTIONS (Contract Line Item Number 4) ---------------------------------------------------- TOTAL PROPOSED PRICE - BASE PLUS ALL OPTIONS (Contract Line Item Number 1 through 4) ------------ All measurement and payment information is included in Division 01 Specifications Section 01 27 00 Definition of Contract Line Items.

Proposal Submitted By:

Company Name & Authorized Signature Name

Address & Phone Number:

Authorized Signature:

Signature and Date

Price Schedule General Notes:

1. If no item exists for a portion of the work, include the price in a related line item

2. Each summary line item listed above must be supported by line item detail broken down by labor, equipment, supplies, materials.

Also list General and Administrative, Overhead, Profit, and Bonding costs as separate line items.

EXCEL VERSION OF THIS CONTRACT PRICE SCHEDULE IS ATTACHED.

(END OF SECTION B)

SECTION C - Description/Specifications

National Park Service, Intermountain Region, Zion National Park, Utah.

The contractor shall provide all items and personnel, including, but not limited to, personnel, expertise, licenses, permits, material, labor, equipment and transportation, required (as applicable) to properly carry out the scope, and objective of the requirement, which includes meeting all (applicable) industry, local, state and federal laws.

This is for a new well pump and equipment, 50,000-gallon Cast-in-Place concrete water storage tank and associated equipment, yard piping and associated appurtenances. Demolition and removal of existing underground 20,000-gallon fiberglass storage tank.

Construction of security fence and gate at well site. Construction of new water mains and service lines.

See Scope of Work and additional attachments which provides detailed information on the project.

(END OF SECTION C)

SECTION D - Packaging and Marking

This Section Blank

(END OF SECTION D)

SECTION E - Inspection and Acceptance

E.1 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more Federal Acquisition Regulation (FAR) clauses by reference, with the same force and effect as if they were given in full text. The full text of a FAR clause may be accessed electronically at the following website:

www.acquisition.gov/far.

52.246-12 Inspection of Construction (Aug. 1996) 52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements (Aug. 1996) 52.246-21 Warranty of Construction (Mar 1994)

(END OF SECTION E)

SECTION F - Deliveries or Performance

F.1

Clauses

52.211-13 Time Extensions (Sept 2000)

52.211-18 Variation in Estimated Quantity (Apr 1984) 52.236-15 Schedules for Construction Contracts. (Apr 1984)

F.2 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 10 calendar days after the date the Contractor receives the notice to award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than

To be Determined . The time stated for completion shall include final cleanup of the premises.

(End of clause)

The completion date is based on the assumption that the successful offeror will receive the notice to award by May 18, 2020. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F.3 N/A

F.4 N/A

F.5 FEDERAL HOLIDAYS

The following Federal Legal Holidays are observed by the National Park Service:

New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas (End of Clause)

(END SECTION F)

SECTION G - Contract Administration Data

G.1. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS- INVOICE PROCESSING PLATFORM (IPP) - (April 2013)

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

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

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

1. THE VENDOR SHALL UTILIZE THE ATTACHMENT FEATURE ON THE LOWER RIGHT

HAND CORNER OF THE IPP INVOICING SCREEN TO ATTACH A COPY OF THEIR

REGULAR VENDOR INVOICE TO SUBSTANTIATE THE REQUEST FOR PAYMENT. A proper invoice must include the following—

a. Name and address of the Contractor;

b. Invoice date and number;

c. Contract number, contract line item number and, if applicable, the order number;

d. Description, quantity, unit of measure, unit price and extended price of the items delivered;

e. Terms of any discount for prompt payment offered;

f. Name and address of official to whom payment is to be sent;

g. Name, title, and phone number of person to notify in event of defective invoice http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1391_244407

2. Progress report as required under SECTION B, LINE ITEM 10 of this contract. A progress report must include the following:

a. Work performed during the invoiced period;

b. Upcoming and scheduled work for the upcoming invoice period;

c. A reference to any significant meetings or discussion that took place during the period and a record of signification issues, challenge or decisions made.

d. Validation of the contract schedule and anticipated delivery date for the next deliverable/tasks.

e. Any information needed from the Government to support the effort

f. List of challenges to meeting the contract/task order requirements

g. List of any supporting documentation.

3. THE CONTRACTING OFFICER RESERVES THE RIGHT TO REJECT THE REQUEST FOR PAYMENT UNTIL

THE DOCUMENTATION IS PROVIDED.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

G.2 1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

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

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

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

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

G.3 Notice to Contractors - Contractor Performance Assessment Reporting System (Dec 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation.

One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15

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

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award.

Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

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

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

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

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

c) All information provided should be reviewed for accuracy prior to submission. d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

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

f) If you do not sign and submit the CPAR within 60 days , it will automatically be returned to the Government and will be annotated:

"The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

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

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

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

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

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

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

(END OF SECTION G)

SECTION H - Special Contract Requirements

H.1 Prohibition of All Terrain Vehicles (ATV)s - Intermountain Region

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

A motorized OHV having four or more low pressure tires, designed with side-by-side seats, seatbelts, steering wheel, and optional cab, brush cage, or ROPS. (End of Clause)

H.2 EXPENSES RELATED TO OFFERS

This solicitation does not commit the Government to pay any costs incurred in the submission of any proposal, in making necessary studies or designs for the preparation thereof, or to acquire or contract for any services. Costs shall not be incurred by recipients of this solicitation in anticipation of receiving direct reimbursement from the Government. It is understood that your bid/proposal/quote will become part of the official file on this matter without obligation to the Government. (End of Clause)

H.3 CONFIDENTIAL INFORMATION

(a) It is understood that throughout performance of the contract the contractor may have access to confidential information that is the property of the Government. Unauthorized duplication or disclosure of the information provided by the Government or to which the contractor will have access as a result of this contract is prohibited. Except as otherwise expressly provided in this contract, the Contractor shall return all Government documents in its possession upon completion or termination of this contract.

(b) To the extent that the work under this contract requires access to proprietary or confidential business or financial data of other companies, and as long as such data remains proprietary or confidential, the contractor shall protect such data from unauthorized use and disclosure and agrees not to use it to compete with such companies.

(c) No confidential information may be divulged to any person or organization without the advance, written permission of the Contracting Officer or the party in whom title thereto is wholly vested. This clause also applies to any subcontractors and/or consultants used by the contractor.

(d) The foregoing obligations do not apply to:

(1) Information that, at the time of receipt by the Contractor, is in the public domain;

(2) Information that is published after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor;

(3) Information that the Contractor can demonstrate was in his possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies;

(4) Information that the Contractor can demonstrate was received from a third party who did not require the Contractor to hold it in confidence. (End of Clause)

H.4 INDEMNIFICATION

The contractor is an 'independent contractor' and shall obtain all necessary insurance to protect himself from liability arising out of this contract. The contractor hereby agrees to indemnify and hold the Government harmless in connection with, any loss or liability from damage to or destruction of property or from injuries to or death of persons (including the agents and employees of both parties) if such damage, destruction, injury or death arises out of, or is caused by performance of work under this contract, unless such damage, destruction, injury or death is caused solely by the negligence of the Government, its agents or employees. The contractor agrees to include this clause, appropriately modified, in all subcontracts to be performed under this contract. (End of clause).

H.5 KEY PERSONNEL

(a) The following personnel are considered essential to the work being performed hereunder:

Full Name Position Function Name Project Manager

Site Superintendent/Supervisor

Quality Control Manager

Safety Officer

[ Offeror fill in names of proposed key personnel, as presented in the technical proposal.]

(b) During the first 180 calendar days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events. After the initial 180 days, the Contractor must notify the Contracting Officer prior to any changes in key personnel. In all cases, the Contractor must provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes must possess qualifications comparable to the original key person, as well as satisfying any minimum standards set forth elsewhere in the solicitation/contract. The Contracting Officer will advise the Contractor as to the acceptability of the proposed substitutes within 15 calendar days after receipt of all required information of the decision on substitutions. The list of key personnel may be modified from time to time during the course of the contract, by mutual agreement of the parties.

(c) If the services performed by key personnel do not conform to contract requirements or jeopardize successful performance of the contract, the Government may require the Contractor to remove the individual within five working days. (End of Clause)

H.6 N/A

H.7 FIRE DANGER SEASON

If allowed to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed. (End of Clause)

H.8 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

(a) The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program. (b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.

(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

(d) The Contractor will be responsible for protecting the cultural resources within the effected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.

(End of Clause)

H.9 AS-BUILT DRAWINGS

The Contractor shall maintain one set of drawings at the work site and record all changes and hidden or subsurface data discovered during construction. All changes which transpire during the contract shall be included on this copy in ink, and shall be neat, legible, reproducible, and consistent with the drawings' drafting standards. The “As-Built” drawings shall be given to the Contracting Officer prior to the final inspection, unless otherwise agreed to in writing. (End of Clause)

H.10 DAMAGE TO UTILITIES

In the event of a contractor caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact the Civil Engineer Project Inspector and Contracting Officer. If the damaged utilities were previously known or shown to the contractor, or there is negligence on his part, the utilities will be repaired by the contractor in a timely manner at no cost to the government. If the damaged utilities were not previously known or shown to the contractor and there is not negligence on his part, they will be repaired at government expense. (End of Clause)

H.11 MATERIAL SAFETY DATA SHEET

A Material Safety Data Sheet (MSDS), OSHA Form 20 or accepted equivalent, must be submitted for each hazardous or potentially hazardous material or chemical to be utilized by the contractor. This includes solvents or treated materials, such as preservative treated wood (MSDS for preservative) or fungicide treated rubber goods (MSDS for fungicide). All materials must be approved by the

Contracting Officer or their designated representative prior to installation. (End of Clause)

H.12 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

In connection with the services covered by this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified and agreed to during negotiations. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. (End of Clause)

H.13 SEASONAL SHUTDOWN

(a) It is recognized that seasonal climatic conditions regularly occur in some of the National Park Service areas that restrict and in some cases prohibit normal construction activities. The actual timing of a seasonal shutdown will be determined by mutual agreement between the Contractor and the Contracting Officer. The Contractor shall give the Contracting Officer at least two weeks notice prior to the anticipated resumption of work. The actual date that work is resumed is subject to the approval of the Contracting Officer. The amount of time during a seasonal shutdown is taken into consideration when the completion time as stated in the Contract is determined. Therefore, the contract time will not be extended due to seasonal shutdowns. (End of Clause)

(END OF SECTION H)

SECTION I - Contract Clauses

I.1 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, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower

Rights. (Jun 2020) 52.203-18 Prohibition on Contracting with Entities that Require Certain internal Confidentiality Agreements or

Statements – Representation (Jan 2017) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-7 System for Award Management (Oct 2018) 52.204-8 Annual Representations and Certifications 52.204-9 Personal Verification Contractor Personnel (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-12 Unique Entity Identified Maintenance (Oct 2016) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-14 Service Contract Reporting Requirements (Oct 2016) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems Jun 2016) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (Aug 2020) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors 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) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any

Federal Law (Feb 2016) 52.215-2 Audit and Records - Negotiation (Jun 2020) 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications (Jun 2020 52.215-12 Subcontractor Certified Cost or Pricing Data (Jun 2020)

52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications (Jun 2020) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 52.215-17 Wavier of Facilities Capital Cost of Money (Oct 1997) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (Jul 2005) 52.215-19 Notification of Ownership Changes (Oct 1997) 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct

2010) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -

Modifications. (Jun 2020) 52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation. (Mar 2018) 52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work (May 2014) 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 Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-19 Child Labor - Cooperation with Authorities and Remedies (Jan 2020) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-38 Compliance with Veterans' Employment Reporting Requirements (Feb 2016) 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 (Nov 2020) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 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 (Aug 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representation (Dec 2016) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.227-1 Authorization and Consent (Jun 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) 52.227-4 Patent Indemnity - Construction Contracts (Dec 2007) 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 (Feb 2021) 52.228-12 Prospective Subcontractor Request 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 Alt 1 (Mar 2000) 52.232-17 Interest (Jun 2020) 52.232-23 Assignment of Claims (May 2014) 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 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) 52.236-1 Performance of Work by the Contractor. (Apr 1984) 52.236-2 Differing Site Conditions. (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (Apr 1984) 52.236-5 Material and Workmanship. (Apr 1984) 52.236-6 Superintendence by the Contractor. (Apr 1984) 52.236-7 Permits and Responsibilities. (Nov 1991) 52.236-8 Other Contracts. (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Apr 1984) 52.236-10 Operations and Storage Areas. (Apr 1984) 52.236-11 Use and Possession Prior to Completion. (Apr 1984) 52.236-12 Cleaning Up. (Apr 1984) 52.236-13Alt 1 Accident Prevention (Nov 1991) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-16 Quantity Surveys (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.236-21 Specifications and Drawings for Construction. Alternate 1(Apr 1984) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-13 Bankruptcy (Jul 1995) 52.242-14 Suspension of Work (Apr 1984) 52.243-4 Changes (Jun 2007) 52.245-1 Government Property (Jan 2017) 52.248-3 Value Engineering-Construction (Oct 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) Alternate I, (APR 2012, SEPT 1996) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms. (Jan 1991)

I.2 52.219-14 LIMITATIONS ON SUBCONTRACTING (Mar 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1264_224283 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1270_225145 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1281_226680 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1304_230102 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1312_232249 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1318_232706 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1324_233490 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1330_234176 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1340_235786 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1348_237458 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1355_238842 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1434_252007 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.acquisition.gov/far/19.504#FAR_19_504

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause—

_ By the end of the base term of the contract and then by the end of each subsequent option period; or

_ By the end of the performance period for each order issued under the contract.

XX (2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

(End of clause)

I.3 52.219-28 POST AWARD SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2020)

(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—

(1) 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 small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon 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) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

https://www.acquisition.gov/far/52.217-8#FAR_52_217_8 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/19.000#FAR_19_000

(d) 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(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) 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.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and…