Sol_140P2121R0042.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)

0040540601

NPS, WASO - WCP Contracting

P.O.Box 25287 MS WCP

Denver CO 80225

PWA

1x 07/26/2021

140P2121R0042

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, and delivery to install approximately 2,500 square feet of

Certi-Grade® Number 1 Blue Label 18¿ Alaskan Yellow Cedar Shingles with Certi-Last® preservative-treatment by pressure processes on the Old Studio Roof at Thomas Cole

National Historic Site. The work shall include the removal and disposal of the existing wood shingles, selective sheathing replacement, installation of underlayment and continuous ventilation mat, chimney flashing installation, and roof projection flashings in accordance with Sections A-J.

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.)

1 66 calendar days and complete it within ________________ ________________ calendar days after receiving

08/26/2021

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

Michael Clarke

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 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P2121R0042

Legacy Doc #: NPS

Delivery: 11/30/2021

Delivery Location Code: 0009060777

NPS, HPTC

106 COMMERCE STREET

FREDERICK MD 21701-5612 US

Period of Performance: 09/26/2021 to 11/30/2021

00010 Supply and Install Wood Single Roof

Product/Service Code: Z1JZ

Product/Service Description: MAINTENANCE OF

MISCELLANEOUS BUILDINGS

Period of Performance: 11/01/2021 to 11/30/2021

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Document No.

140P2121R0042

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

TABLE OF CONTENTS

A - Solicitation/Contract Form B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders L - Instructions,Conditions, and Notices to Bidders M - Evaluation Factors for Award

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

A - Solicitation/Contract Form

Standard Form 1442, Solicitation, Offer and Award, Pages 1 through 3 of this Package

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

B - Supplies or Services/Prices

Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, and delivery to install approximately 2,500 square feet of Certi-Grade® Number 1 Blue Label 18” Alaskan Yellow Cedar Shingles with Certi-Last® preservative-treatment by pressure processes on the Old Studio Roof at Thomas Cole National Historic Site.

The work shall include the removal and disposal of the existing wood shingles, selective sheathing replacement, installation of underlayment and continuous ventilation mat, chimney flashing installation, and roof projection flashings.

Description Quantity Unit Total

Labor

Installation Roof Helper hrs. $ $ Roofer hrs. $ $ Foreman hrs. $ $

SUBTOTAL $

Materials

Description Quantity Unit Total Wood Shingles SF $ $ Continuous Ventilation Product rolls $ $ Underlayment rolls $ $ Solid Sheathing BF $ $ Plywood Sheathing SF $ $ Copper sheet SF $ $ Fasteners LBS $ $ General Supplies % Lot $

SUBTOTAL $

Mark Ups

Description Unit Total Waste Disposal Rental & Tipping Fee Lot $ Standard General Conditions % $ Government General Conditions % $ Historic Preservation Factor % $ Contractor Overhead % $ Contractor Profit % $ Payment Bond % $

SUBTOTAL $

TOTAL LABOR, MATERIALS & MARKUPS $

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

C - Description/Specifications

1.1 SCOPE OF WORK

Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, and delivery to install approximately 2,500 square feet of Certi-Grade® Number 1 Blue Label 18” Alaskan Yellow Cedar Shingles with Certi-Last® preservative-treatment by pressure processes on the Old Studio Roof at Thomas Cole National Historical Site. The work shall include the removal and disposal of the existing wood shingles, selective sheathing replacement, installation of underlayment and continuous ventilation mat, chimney flashing installation, and roof projection flashings.

All work shall be in accordance with Attachment 1, Preservation and Repair of Old Studio Roof Project Specifications, consisting of 46 pages, and Attachment 2, Old Studio Roof Replacement and Details, consisting of 2 pages.

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

D - Packaging and Marking

- None Included -

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

E - Inspection and Acceptance

CLAUSE NUMBER TITLE DATE

FAR 52.246-12 Inspection of Construction. (Aug 1996)

All service and work performed under this contract shall be subject to inspection and acceptance by the designated Contracting Officer's Representative (COR) at any time during performance. If the COR determined that services, work or materials being furnished do not meet the required standards, the Government reserves the right to have the work performed elsewhere, charging the Contractor with costs involved, subject to the provisions of FAR 52.249-8. Final acceptance of all work will be at the work site.

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

F - Deliveries or Performance

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and—

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of—

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of—

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO’s can be located at the website http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format shall be used by the issuing financial institution to create an ILC:

[Issuing Financial Institution’s Letterhead or Name and Address] http://uscode.house.gov/ http://uscode.house.gov/ http://www.sec.gov/answers/nrsro.htm

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

Issue Date __________

Irrevocable Letter of Credit No. _______________________

Account party’s name _______________________________

Account party’s address ______________________________

For Solicitation No. _________________ (for reference only)

To: [U.S. Government agency]

[U.S. Government agency’s address]

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $______. This

Letter of Credit is payable at [issuing financial institution’s and, if any, confirming financial institution’s] office at [issuing financial institution’s address and, if any, confirming financial institution’s address] and expires with our close of business on ___________, or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee’s sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No. ___ (Insert version in effect at the time of ILC issuance, e.g., “”Publication 600, 2006 edition”) and to the extent not inconsistent therewith, to the laws of _____________________ [State of confirming financial institution, if any, otherwise State of issuing financial institution].

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [Issuing financial institution]

(f) The following format shall be used by the financial institution to confirm an ILC:

[Confirming Financial Institution’s Letterhead or Name and Address]

(Date) __________________

Our Letter of Credit Advice Number ____________________

Beneficiary: _________________ [U.S. Government agency]

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

Issuing Financial Institution: __________________________

Issuing Financial Institution’s LC No.: __________________

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by __________ [name of issuing financial institution] for drawings of up to United States dollars ___________/U.S. $_______ and expiring with our close of business on _____________ [the expiration date], or any automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at ___________________.

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, 1993 Revision, International Chamber of

Commerce Publication No.___, (Insert version in effect at the time of ILC issuance, e.g., “”Publication 600, 2006 edition”) and to the extent not inconsistent therewith, to the laws of _____________________ [State of confirming financial institution, if any, otherwise State of issuing financial institution].

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [Confirming financial institution]

(g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:

SIGHT DRAFT

[City, State]

(Date) _____________________________ [Name and address of financial institution]

Pay to the order of ______________ [Beneficiary Agency] ___________ the sum of United States $____________. This draft is drawn under Irrevocable Letter of Credit No. _______________________.

[Beneficiary Agency]

[By]

(End of clause)

52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (OCT 2010)

(a) Definitions. As used in this clause— “Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.

Original contract price does not include the price of any options, except those options exercised at the time of contract award.

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 1 calendar day of award and start the submittal process (September 26, 2021) (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 66 calendar days (November 30, 2021). The time stated for completion shall include final cleanup of the premises.

(End of clause)

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) https://acquisition.gov/far/current/html/FormsStandard4.html#wp1176615 https://acquisition.gov/far/current/html/FormsStandard5.html#wp1176623 http://www.fms.treas.gov/c570/

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

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.

(End of Clause)

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

G - Contract Administration Data

The below clauses are incorporated by reference

CLAUSE NUMBER TITLE DATE

FAR 52.226-5 Materials and Workmanship (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.232-5 Payments Under Fixed-Price

Construction Contracts

(MAY 2014)

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 the 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. The COR for this contract will be:

To be named at the time of award

(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 modifications, 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 response 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.

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

(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 - 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. The Contractor shall provide a detailed attachment to the billing in IPP showing the Schedule of Values for each line item.

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)

Document Title

SUPPLY AND INSTALL SHINGLE ROOF AT THOMAS COLE

NATIONAL HISTORIC SITE

H - Special Contract Requirements

PRE-PROPOSAL CONFERENCE AND SITE VISIT

A Preproposal Conference and Site Visit is scheduled for August 5, 2020 at 12:00 Noon EST. The meeting location is at the Thomas Cole National Historical Site, 218 Spring St, Catskill, NY 12414. Prior to the meeting please email michael_clarke@nps.gov the company and names of those attending the meeting.

NOTICE OF LOSS OR DAMAGE

The Contractor shall be liable for any loss of or damage to any property caused by negligence, theft, or willful misconduct of the Contractor, his agents, servants, and employees and shall indemnify and save the Government harmless against all actions, proceedings, claims, demands, costs, damages, and expenses, including attorney's fees, by reason of any suit or action brought for any actual or alleged injury to or resulting from the performance of the contract. The Contractor shall submit a full written report to the Contracting Officer within twenty-four (24) hours following the occurrence of such damage, loss or injury.

LIABILITY INSURANCE REQUIREMENTS

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

Employer's liability $100,000

General liability $500,000

Construction Per person $100,000 Per occurrence $500,000 Property damage $1,000,000

Architect-Engineer Per person $200,000 Per occurrence $500,000 Property damage $ 20,000

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

Aircraft public and passenger liability, when aircraft used in connection with the performing this contract Per person $200,000 Per occurrence for bodily injury $500,000 Per occurrence for property damage $200,000 Passenger liability bodily injury $200,000 multiplied by number of seats or passengers, whichever is greater

If this is a construction contract, the Contractor shall maintain compensation insurance, for employees engaged in the work, complying with the workmen's compensation laws of the State in which the work is to be performed and shall maintain liability insurance protecting the Contractor from claims because of bodily injury (including death) and property damage arising under this Contract.

mailto:michael_clarke@nps.gov

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(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The Contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(End of clause)

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I - Contract Clauses

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

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

www.acquisition.gov

(End of clause)

CLAUSE NUMBER TITLE DATE

FAR 52.202-1 Definitions (JUNE 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

(JUNE 2020)

FAR 52.203-7 Anti-Kickback Procedures (JUNE 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.

(JUNE 2020)

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

(JUNE 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)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel

(JAN 2011)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUNE 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

(JUL 2016)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

(JUN 2016)

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

(JUL 2018)

FAR 52.204-25 Prohibition on Contracting for certain Telecommunications and Video Surveillance Services and Equipment

(AUG 2019)

http://www.acquisition.gov/

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FAR 52.209-6 Protecting the Government’s Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

(JUNE 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. (JUNE 2020)

FAR 52.215-8 Order of Precedence-Uniform Contract Format

(OCT 1997)

FAR 52.219-8 Utilization of Small Business Concerns (OCT 2018) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-4 Contract Work Hours and Safety Standards

- Overtime Compensation

(MAY 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 (AUG 2018) 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 52.222-37 Employment Reports on Veterans. (JUNE 2020)

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010)

FAR 52.222-50 Combating Trafficking in Persons (JAN 2019)

FAR 52.222-54 Employment Eligibility Verification (OCT 2015)

FAR 52.222-55 Minimum Wages Under Executive Order 13658

(DEC 2015)

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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

(JUNE 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 (JUN 2008) FAR 52.227-1 Authorization and Consent (JUNE 2020) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(JUNE 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)

FAR 52.228-11 Pledges of Assets (AUG 2018) 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

(JUNE 2020)

FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013) 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)

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FAR 52.233-4 Applicable Law for Breach of

Contract Claim.

(OCT 2004)

FAR 52.236-2 Differing Site Conditions. (APR 1984)

FAR 52.236-3 Site Investigation and Conditions Affecting the Work

(APR 1984)

FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-6 Superintendence by the Contractor (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

FAR 52.236-10 Operations and Storage Areas (APR 1984)

FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.236-12 Cleaning Up. (APR 1984)

FAR 52.236-13 Accident Prevention (NOV 1991) FAR 52.236-14 Availability and Use of Utility Services (APR 1984) FAR 52.236-15 Schedules for Construction Contracts (APR 1984) FAR 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction

(FEB 1997)

FAR 52.236-26 Preconstruction Conference (FEB 1995) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.243-4 Changes (JUN 2007) FAR 52.244-6 Subcontracts for Commercial Items. (JUNE 2020) FAR 52.246-21 Warranty of Construction (APR 1984) FAR 52.248-3 Value Engineering - Construction (OCT 2015) 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) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991)

FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MARCH 2020)

(a) Definition. “Small business concern,” as used in this clause, 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 size standards in this solicitation.

(b) Applicability. This clause applies only to-

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405- 5 and 16.505(b)(2)(i)(F).

(c) General.

https://www.acquisition.gov/content/8405-5-small-business#i1117805 https://www.acquisition.gov/content/8405-5-small-business#i1117805 https://www.acquisition.gov/content/16505-ordering#i1104008

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(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(End of clause)

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (MARCH 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.

https://www.acquisition.gov/content/8405-5-small-business#i1117805 https://www.acquisition.gov/content/16505-ordering#i1104008 https://www.acquisition.gov/content/19504-orders-under-multiple-award-contracts#id203CEK0I0HS

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

(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)

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REPRESENTATION (JUNE 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 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.

(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-https://www.acquisition.gov/content/52217-8-option-extend-services#i1057214 https://www.acquisition.gov/content/19000-scope-part#i1101771

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(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.

(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 Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this…