Sol_140P2121R0029.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)

0040539222

NPS, WASO - WCP Contracting

P.O.Box 25287 MS WCP

Denver CO 80225

PWA

National Park Service

Historic Preservation Training Center Sheila Rushlow, Contracting Officer sheila_rushlow@nps.gov

Sheila Rushlow 3016638206

1x 07/22/2021

140P2121R0029

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

Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, equipment and travel necessary for completion of the Interior

Rehabilitation of the Historic Bank Building Visitor Center at the New Bedford

Whaling N.H.P, New Bedford, MA. All work shall be completed in accordance with

Attachment 1, Specifications entitled Interior Rehabilitation of the Historic Bank

Building Visitor Center at the New Bedford Whaling N.H.P., New Bedford, MA, Project

Specifications dated July 16, 2021, 176 Pages and Attachment 2, Drawings entitled

Interior Rehabilitation of the Historic Bank Building Visitor Center at the New

Bedford Whaling N.H.P., New Bedford, MA, dated July 16, 2021, 4 Pages. All work shall be completed in accordance with Sections A through M of the attached document consisting of 86 Pages.

This acquisition is being conducted as a total small business set-aside. The North

American Industrial Classification System (NAICS) code is 236220 - Commercial and

Institutional Building Construction, and the small business size standard is $39.5 million dollars average annual receipts.

The estimated construction range for this project is between $250,000 and $500,000.

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

15 127 calendar days and complete it within ________________ ________________ calendar days after receiving

See Section F

08/23/2021

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, Historic Pres Trng Ctr 4801A Urbana Pike

Frederick MD 21704

WA2

Sheila Rushlow

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 86

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P2121R0029

A Pre-Proposal Conference and Site visit is scheduled for July 27, 2021 at 10:00 p.m. The meeting location is at the Visitor Center, 33

William Street, New Bedford, MA 02740. In advance of the meeting, email the company and names of those attending the meeting to sheila_rushlow@nps.gov. No other Site Visit will be scheduled.

Questions are due in writing to sheila_rushlow@nps.gov on or before seven (7) calendar days before the closing date for receipt of proposals.

The Government anticipates award of a Firm-Fixed

Price contract on or before September 24, 2021.

Legacy Doc #: NPS

Delivery: 02/28/2022

Delivery Location Code: 0009060776

NPS, HPTC

4801A URBANA PIKE

FREDERICK MD 21704-7307 US

Period of Performance: 10/25/2021 to 02/28/2022

00010 NEBE-Paint/Plaster

Product/Service Code: Z1AZ

Product/Service Description: MAINTENANCE OF OTHER

ADMINISTRATIVE FACILITIES AND SERVICE BUILDINGS

00020 NEBE-Option 1

Product/Service Code: Z1AZ

Product/Service Description: MAINTENANCE OF OTHER

ADMINISTRATIVE FACILITIES AND SERVICE BUILDINGS

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Date

07/19/2021

Document Number

140P2121R0029

Document Title

New Bedford Whaling

Page Number

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, equipment and travel necessary for completion of the Interior Rehabilitation of the

Historic Bank Building – Visitor Center at the New Bedford Whaling N.H.P, New Bedford, MA.

All work shall be completed in accordance with Attachment 1, Specifications entitled “Interior

Rehabilitation of the Historic Bank Building – Visitor Center at the New Bedford Whaling

N.H.P., New Bedford, MA, Project Specifications” dated July 16, 2021, 176 Pages and

Attachment 2, Drawings entitled “Interior Rehabilitation of the Historic Bank Building – Visitor

Center at the New Bedford Whaling N.H.P., New Bedford, MA, dated July 16, 2021, 4 Pages.

Work is identified as the Basic Requirement and an Option. Funding is presently available to award the Basic Requirement work. The Option will be added to the awarded contract if funds are available. Option work not awarded as part of the contract will be written into the contract as a priced Option to be added to the contract via written modification. It is anticipated that the work identified as the Basic Requirement and Option would be done during one mobilization period over the course of the project schedule.

1. BASIC REQUIREMENT

Work for the Basic Requirement falls within many different Sections of the Specifications included in Lead Hazard Controls, Historic Treatment of Plaster and Stucco, and Painting and Finishing.

CONTRACT

LINE ITEM

NUMBER

(CLIN)

CONTRACT LINE ITEM (CLIN) TITLE QTY UNIT OF

MEASURE

TOTAL PRICE

1 Perform plaster repairs to ornamental plaster, coffered ceilings, and walls. Prepare and paint baseboard, decorative architecture on the north wall, all windows and trim, doors 101A, 101B, 101C and 101D and associated trim, and brick wall, handrail and stair carriage at basement.

1 Lump Sum $

TOTAL BASIC REQUIREMENT (CONTRACT LINE ITEM 1) $__________________

Document Number

140P2121R0029

Document Title

New Bedford Whaling

2. OPTION

Work for the Option includes selective repairs of Window 101

CONTRACT

LINE ITEM

NUMBER

(CLIN)

CONTRACT LINE ITEM (CLIN) TITLE QTY UNIT OF

MEASURE

TOTAL PRICE

2 Option 1: Selective Repairs of Window 101

1 Lump Sum $

TOTAL OPTION (CONTRACT LINE ITEM 2) $__________________

TOTAL FIRM-FIXED PRICE $__________________

Document Number

140P2121R0029

Document Title

New Bedford Whaling

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1. BACKGROUND AND OBJECTIVES

The goal of this project to restore the New Bedford Whaling Museum National Historic

Park. The work includes the preparation and painting of the interior visitor center including: coffered ceiling, ornamental plaster, walls, baseboard, decorative architecture on the North wall and brick on bottom of stairs, encapsulation of lead paint, plaster repair including repair to ornamental plaster, coffered ceiling crack repairs and selective repairs to the interior of window 101 interior.

The New Bedford Whaling Museum is part of the New Bedford National Historic

District. The museum was Constructed in 1853-54 as the New Bedford Institution for

Savings ("NBIS"), the building has seen numerous uses since its construction. Designed by Providence architects Clifton A. Hall and John R. Hall, the design is similar to a Hall designed bank in Providence, Rhode Island. The one-story brownstone and brick building have undergone two major expansions. The first in 1874, included the construction of an addition on the north and east walls of the original structure. The second in 1898, focused on reconfiguring the building from a bank into a courthouse. Extensive building finish work was completed at this time and this color palette is the basis for the proposed paint scheme. In 1898, the building became the Bristol County Courthouse and kept that use until 1914, when a new courthouse was erected on Spring and Pleasant Streets. Between

1914-1977, the building had a number of uses: as the home for a local fraternal order, as a candy factory, as a manufactory for the Wellington Shirt Company, and as the Johnson

Auto Supply Store and machine shop. In 1978, NBIS repurchased the property and made extensive renovations to return the building's interior back to a banking space. By 1995, NBIS had merged into Fleet Bank and that entity decided to close the building as a banking location and donated the structure to the Waterfront Historic Area League

(WHALE). In 1996, New Bedford became the location/home for New Bedford Whaling

National Historical Park. As one of the earliest partners of the new national park, WHALE made the commitment to donate the building to the National Park Service to become the park Visitor Center.

2. SPECIFICATIONS

Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, equipment and travel necessary for completion of the Interior

Rehabilitation of the Historic Bank Building – Visitor Center at the New Bedford

Whaling N.H.P, New Bedford, MA. All work shall be completed in accordance with

Attachment 1, Specifications entitled “Interior Rehabilitation of the Historic Bank

Building – Visitor Center at the New Bedford Whaling N.H.P., New Bedford, MA, Project Specifications” dated July 16, 2021, 176 Pages and Attachment 2, Drawings

Document Number

140P2121R0029

Document Title

New Bedford Whaling entitled “Interior Rehabilitation of the Historic Bank Building – Visitor Center at the

New Bedford Whaling N.H.P., New Bedford, MA, dated July 16, 2021, 4 Pages.

Work is identified as the Basic Requirement and Option. Funding is presently available to award the Basic Requirement work. The option will be added to the awarded contract if funds are available. Option work not awarded as part of the contract will be written into the contract as priced Options to be added to the contract via written modification. It is anticipated that the work identified as the Basic Requirement and Option would be done during one mobilization period over the course of the project schedule.

A. BASIC REQUIREMENT

Work for the Basic Requirements falls within many different Sections of the

Specifications identified as Interior Construction, Finishes, Special Construction and Selective Demo. A brief summary of work follows:

(1) Perform plaster repairs to ornamental plaster, coffered ceilings and walls.

(2) Prepare and paint ornamental plaster, coffered ceilings and walls.

(3) Prepare and paint baseboard, decorative architecture on the north wall, all windows and trim, doors 101A, 101B, 101C and 101D and associated trip and brick wall, handrail and stair carriage at basement.

Lead paint is present and shall be managed as part of the work and through encapsulation. Lead paint abatement is not included in the Scope of Work.

B. OPTION

Selective repairs to the interior of Window 101. Selective repairs are identified in the specifications and drawings.

Attachment 1, Specifications and Attachment 2 drawings are attached and incorporated herein by reference, See Section J Attachments.

Document Number

140P2121R0029

Document Title

New Bedford Whaling

SECTION D

PACKING AND MARKING

None

Document Number

140P2121R0029

Document Title

New Bedford Whaling

SECTION E

INSPECTION AND ACCEPTANCE

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The

Contractor shall maintain complete inspection records and make them available to the

Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

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

Document Number

140P2121R0029

Document Title

New Bedford Whaling

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

Contractor; or

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

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

Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

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

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the

Government’s rights under any warranty or guarantee.

(End of clause)

Document Number

140P2121R0029

Document Title

New Bedford Whaling

SECTION F

DELIVERIES OR PERFORMANCE

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days calendar day after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 127 calendar days.

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

FAR 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the

Contractor shall pay liquidated damages to the Government in the amount of $550 for each calendar day of delay until the work is completed or accepted.

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

FAR 52.211-13 TIME EXTENSIONS (SEP 2000)

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

(End of Clause)

FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party.

The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity

Document Number

140P2121R0029

Document Title

New Bedford Whaling variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the

Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

(End of clause)

FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

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

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted.

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the

Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

Document Number

140P2121R0029

Document Title

New Bedford Whaling

SECTION G

CONTRACT ADMINISTRATION DATA

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction

(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

Document Number

140P2121R0029

Document Title

New Bedford Whaling

(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)

1452.204-70 RELEASE OF CLAIMS (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting

Officer with a release of claims against the United States relating to this contract. The Release of

Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET

PAYMENT PLATFORM (APR 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. The IPP website address is: https://www.ipp.gov.

The contractor shall submit a draft Invoice Package, including copies of the following documents, to the National Park Service’s (NPS) Construction Management Representative (CMR) a minimum of 5 working days prior to submittal of the formal Invoice through IPP. Within 5 working days of receipt, the CMR shall provide an acceptability recommendation to both the NPS

Contracting Officer’s Representative (COR) and the contractor. If the CMR recommends acceptance, the contractor shall submit a copy of the final version of the CMR’s checklist and the

Invoice Package to the NPS through IPP.

1. Completed copy of the CMR’s final Construction Payment Request Checklist (Submit only with the formal submittal to IPP) https://www.ipp.gov/

Document Number

140P2121R0029

Document Title

New Bedford Whaling

2. Completed copy of the Pay Estimate Form (including signed certification of subcontractor payments)

3. Completed copy of the Limitations on Subcontracting Report

4. Certified copies of Payroll Reports per Contract clause 52.222-8 Payrolls and Basic

Records.

5. Completed copy of the Payroll Report PII Certification

6. Information required by contract clause 52.232-27, Prompt Payment for Construction

Contracts

7. A copy of the current construction schedule (refer to project specification section

013216)

8. A copy of the current Schedule of Values. (refer to project specification section 013216)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in

SAM) will receive enrollment instructions via email from the Federal Reserve Bank of

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

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the

Contracting Officer with its proposal or quotation.

(End of Local Clause) mailto:ippgroup@bos.frb.org

Document Number

140P2121R0029

Document Title

New Bedford Whaling

SECTION H

SPECIAL CONTRACT REQUIREMENTS

PRE-PROPOSAL CONFERENCE AND SITE VISIT

A Preproposal Conference and Site Visit is scheduled for July 27, 2021 at 10:00 a.m. The meeting location is the Visitor Center, 33 William Street, New Bedford, MA 02740. Prior to the meeting email the company and names of those attending the meeting to sheila_rushlow@nps.gov.

SPECIAL CLAUSE 1: INFECTIOUS DISEASE PREPAREDNESS AND RESPONSE –

CORONAVIRIUS PANDEMIC (COVID-19)

1. Contractors are responsible for their employees’ safety and the safety of job site visitors during the performance of this contract. We encourage contractors to follow guidance from the Department of Labor, Occupational Safety and Health Administration (OSHA), the

Centers for Disease Control and Prevention (CDC), and all other applicable Solicitation

MM/DD/YY Document No. 140P2021RXXXX Document Title PARK PMIS # – Project

Name Page 16 of 79 local, city, and state mandates. We encourage contractors to develop policies for infection prevention and an Infectious Disease Preparedness and Response

Plan.

2. To the extent appropriate, Contractors should include the protective health and safety measures they intend to implement related to COVID-19 in any accident prevention or safety submittals required under this contract. These plans should contain preventive measures the contractor intends to follow while performing work on government property as well as responsive and corrective actions to be taken if an employee exhibits symptoms or tests positive for COVID-19.

3. Upon contract award, contractors should communicate with the Contracting Officer regarding contractor decisions and actions to protect the health and safety of workers for the duration of contract performance under which pandemic conditions exist.

4. The following websites provide additional guidance and information:

a. https://www.coronavirus.gov/

b. https://www.osha.gov/SLTC/covid-19/

c. https://www.cdc.gov/coronavirus/2019-ncov/index.html

d. https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/construction-workers.html

e. https://www.fema.gov/coronavirus

f. https://www.nps.gov/aboutus/news/public-health-update.htm

(End of Local Clause) mailto:sheila_rushlow@nps.gov https://www.coronavirus.gov/ https://www.osha.gov/SLTC/covid-19/ https://www.cdc.gov/coronavirus/2019-ncov/index.html https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/construction-workers.html https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/construction-workers.html https://www.fema.gov/coronavirus https://www.nps.gov/aboutus/news/public-health-update.htm

Document Number

140P2121R0029

Document Title

New Bedford Whaling

SPECIAL CLAUSE 2: OPTION FOR ADDITIONAL SERVICES—SEPARATELY

PRICED LINE ITEMS

The Government may require the delivery of the numbered line items identified in the Schedule as option items at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by written notice to the Contractor within 120 days after contract award.

Performance of added line item tasks shall be at the price negotiated in the contract Schedule.

SPECIAL CLAUSE 3: KEY PERSONNEL

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

Job-Site Superintendent:___________________________________

Project Manager:_________________________________________

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 15 calendar-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Document Number

140P2121R0029

Document Title

New Bedford Whaling

SECTON I

CONTRACT CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

The contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

CLAUSE NUMBER

TITLE DATE

FAR 52.202-1 Definitions (JUN 2020)

FAR 52.203-3 Gratuities (APR 1984)

FAR 52.203-5 Covenant Against Contingent

Fees

(MAY 2014)

FAR 52.203-6 Restrictions on Subcontractor

Sales to the Government

(JUN 2020)

FAR 52.203-7 Anti-Kickback Procedures (JUN 2020) FAR 52.203-8 Cancellation, Rescission, and

Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

FAR 52.203-10 Price or Fee Adjustment for

Illegal or Improper Activity

(MAY 2014)

FAR 52.203-12 Limitation on Payments to

Influence Certain Federal

Transactions.

(JUN 2020)

FAR 52.203-17

Contractor Employee

Whistleblower Rights and

Requirement To Inform

Employees of Whistleblower

Rights.

(JUN 2020)

FAR 52.203-19 Prohibition on Requiring

Certain Internal

Confidentiality Agreements or Statements

(JAN 2017)

FAR 52.204-4 Printed or Copied Double-

Sided on Postconsumer Fiber

Content Paper

(MAY 2011)

https://www.acquisition.gov/browse/index/far

Document Number

140P2121R0029

Document Title

New Bedford Whaling

CLAUSE NUMBER TITLE DATE

FAR 52.204-9 Personal Identity Verification of Contractor Personnel

(JAN 2011)

FAR 52.204-10 Reporting Executive

Compensation and First-Tier

Subcontract Awards

(JUN 2020)

FAR 52.204-13 System for Award

Management Maintenance

(OCT 2018)

FAR 52.204-14 Service Contract Reporting

Requirements

(OCT 2016)

FAR 52.204-18 Commercial and Government

Entity Code Maintenance

(AUG 2020)

FAR 52.204-19 Incorporation by Reference of

Representations and

Certifications

(DEC 2014)

FAR 52.204-21 Basic Safeguarding of

Covered Contractor

Information Systems

(JUN 2016)

FAR 52.209-6 Protecting the Government’s

Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment

(JUN 2020)

FAR 52.209-9 Updates of Publicly Available

Information Regarding

Responsibility Matters

(OCT 2018)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations

(NOV 2015)

FAR 52.215-2 Audit and Records -

Negotiation.

(JUN 2020)

FAR 52.215-8 Order of Precedence-Uniform

Contract Format

(OCT 1997)

FAR 52.219-6

Notice of Total Small

Business Set-Aside

(NOV 2020)

FAR 52.219-8 Utilization of Small Business

Concerns

(OCT 2018)

FAR 52.219-14 Limitations on Subcontracting (MAR 2020)

FAR 52.219-16 Liquidated Damages –

Subcontracting Plan

(JAN 1999)

Document Number

140P2121R0029

Document Title

New Bedford Whaling

CLAUSE NUMBER

TITLE DATE

FAR 52.219-28 Post Award Small Business

Program Representation

(NOV 2020)

FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-4 Contract Work Hours and

Safety Standards - Overtime

Compensation

(MAR 2018)

FAR 52.222-6 Construction Wage Rate

Requirements

(AUG 2018)

FAR 52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (JUL 2021) FAR 52.222-9 Apprentices and Trainees (JUL 2005)

FAR 52.222-10 Compliance with Copeland

Act Requirements

(FEB 1988)

FAR 52.222-11 Subcontracts (Labor

Standards)

(MAY 2014)

FAR 52.222-12 Contract Termination –

Debarment

(MAY 2014)

FAR 52.222-13 Compliance with

Construction Wage Rate

Requirements and Related

Regulations

(MAY 2014)

FAR 52.222-14 Disputes Concerning Labor

Standards

(FEB 1988)

FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-21 Prohibition of segregated facilities

(APR 2015)

FAR 52.222-26 Equal Opportunity (SEP 2016)

FAR 52.222-27 Affirmative Action

Compliance Requirements for

Construction

(APR 2015)

FAR 52.222-35 Equal Opportunity for

Veterans

Document Number

140P2121R0029

Document Title

New Bedford Whaling

FAR 52.222-36 Equal Opportunity for

Workers with Disabilities

(JUN 2020)

FAR 52.222-37 Employment Reports on

Veterans.

FAR 52.222-40 Notification of Employee

Rights Under the National

Labor Relations Act

(DEC 2010)

FAR 52.222-50 Combating Trafficking in

Persons

(OCT 2020)

FAR 52.222-54 Employment Eligibility

Verification

(OCT 2015)

FAR 52.222-55 Minimum Wages Under

Executive Order 13658

(NOV 2020)

FAR 52.222-62 Paid Sick Leave Under

Executive Order 13706.

(JAN 2017)

FAR 52.223-5 Pollution Prevention and

Right-to-Know Information

(MAY 2011)

FAR 52.223-6 Drug-Free Workplace (MAY 2001)

FAR 52.223-17 Affirmative Procurement of

EPA-designated Items in

Service and Construction

Contracts

(AUG 2018)

FAR 52.223-18 Encouraging Contractor

Policies to Ban Text

Messaging While Driving

(JUN 2020)

FAR 52.223-21 Foams (JUN 2016)

FAR 52.224-1 Privacy Act Notification (APR 1984) FAR 52.224-2 Privacy Act (APR 1984) FAR 52.224-3 Privacy Training (JAN 2017) FAR 52.225-13 Restrictions on Certain

Foreign Purchases

(FEB 2021)

FAR 52.227-1 Authorization and Consent (JUN 2020)

FAR 52.227-2 Notice and Assistance

Regarding Patent and

Copyright Infringement

(JUN 2020)

FAR 52.227-4 Patent Indemnity--

Construction Contracts

(DEC 2007)

FAR 52.227-17 Rights in Data-Special Works (DEC 2007)

FAR 52.228-2 Additional Bond Security (OCT 1997)

FAR 52.228-5 Insurance – Work on a

Government Installation

(JAN 1997)

Document Number

140P2121R0029

Document Title

New Bedford Whaling

FAR 52.228-11 Pledges of Assets (FEB 2021)

FAR 52.228-12 Prospective Subcontractor

Requests for Bonds

(MAY 2014)

FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014)

FAR 52.228-15 Performance and Payment

Bonds - Construction

(JUN 2020)

FAR 52.229-3 Federal, State, and Local

Taxes

(FEB 2013)

FAR 52.229-12

Tax on Certain Foreign

Procurements

(FEB 2021)

FAR 52.232-5 Payments Under Fixed-Price

Construction Contracts.

(MAY 2014)

FAR 52.232-17 Interest (MAY 2014)

FAR 52.232-23 Assignment of Claims (MAY 2014)

FAR 52.232-27 Prompt Payment for

Construction Contracts

(JAN 2017)

FAR 52.232-33 Payment by Electronic Funds

Transfer - System for Award

Management.

(OCT 2018)

FAR 52.232-39 Unenforceability of

Unauthorized Obligations.

(JUN 2013)

FAR 52.232-40 Providing Accelerated

Payments to Small Business

Subcontractors

(DEC 2013)

FAR 52.233-1 Disputes (MAY 2014) - Alternate I

(DEC 1991)

FAR 52.233-3 Protest After Award (AUG 1996)

FAR 52.233-4 Applicable Law for Breach of

Contract Claim.

(OCT 2004)

FAR.242-5 Payments to Small Business

Subcontractors

(JAN 2017)

FAR 52.242-13 Bankruptcy (JUL 1995)

FAR 52.243-4 Changes (JUN 2007)

FAR 52.244-6 Subcontracts for Commercial

Items.

(JUL 2021)

FAR 52.246-21 Warranty of Construction (MAR 1994)

Document Number

140P2121R0029

Document Title

New Bedford Whaling

FAR 52.248-3 Value Engineering –

Construction

(OCT 2020)

FAR 52.249-2 Termination for Convenience of the Government (Fixed-

Price)

(APR 2012)

ALT 1 (SEPT 1996)

FAR 52.249-10 Default (Fixed-Price

Construction)

FAR 52.253-1 Computer Generated Forms (JAN 1991)

FAR 52.204-34 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (JUL 2018)

(a) Definitions. As used in this clause—

Covered article means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with

Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for

Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The

Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

Document Number

140P2121R0029

Document Title

New Bedford Whaling

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number

(Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

https://dibnet.dod.mil/

Document Number

140P2121R0029

Document Title

New Bedford Whaling

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or

ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou

Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National

Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part

774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations

(relating to assistance to foreign atomic energy activities);

Document Number

140P2121R0029

Document Title

New Bedford Whaling

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of

Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the

Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August

13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered https://www.acquisition.gov/far/4.2104#FAR_4_2104

Document Number

140P2121R0029

Document Title

New Bedford Whaling telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in…