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June 1, 2022

Subject: Solicitation Number 140P2122Q0019

Harpers Ferry Center - Electric Charging Stations

In accordance with Federal Acquisition Regulations (FAR) Part 15, enclosed is a competitive requirement set-aside for small businesses, to provide all labor, materials, tools, equipment (except as otherwise specified in the solicitation), and services necessary to install two (2) government-furnished charging stations, each with two (2) charging cables, including underground conduit and cable to supply power to an automatic gate arm and keypad, upgrade electric panel box to supply power to the charging stations and automatic gate and keypad, and provide a total of four (4) bollards with two (2) bollards in front of each charging station..

A Pre-Award Site Visit is scheduled for June 14, 2022, beginning at 9:00 a.m., ET. Participants shall meet at: 67 Mather Place, Harpers Ferry, West Virginia 25425. The contractor shall notify the Contracting Officer no later than 2:00 p.m. EST on June 13, 2022, advising of attendance at the site visit.

The purpose of the pre-award site visit is to allow potential contractor’s the opportunity to view the site prior to submitting a firm-fixed-price proposal. No other site visits will be offered.

All questions regarding the solicitation shall be submitted and received no later than 10:00 a.m. ET on June 23, 2022. Questions shall be sent to Dee Dee Bender, Contracting Officer via email at dee_dee_bender@nps.gov. Offerors who contact anyone outside of the Office of Acquisition Management regarding this requirement, may automatically be excluded from competition

Proposals shall be emailed to dee_dee_bender@nps.gov by 10:00 am ET on July 1, 2022. Quotation submissions must reference the solicitation number in the email subject line.

Award of a firm-fixed-price contract will be made based on the lowest price technically acceptable proposal, meeting or exceeding the acceptability standards for non-cost factors.

If you have any questions concerning this requirement, contact the undersigned at dee_dee_bender@nps.gov. Please be advised that any communication on the subject with personnel not in the Harpers Ferry Center, Office of Acquisition Management will automatically disqualify you from consideration.

All offerors shall be registered in the System for Award Management (SAM) through the website SAM.gov to be considered eligible for award and shall be considered a small business for the size standard associated with the NAICS code.

Shelia D. Bender Contracting Officer mailto:dee_dee_bender@nps.gov mailto:dee_dee_bender@nps.gov

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)

0040566808

NPS, WASO - WCP Contracting

P.O.Box 25287 MS WCP

Denver CO 80225

PWA

Contracting Officer - Shelia D. Bender

Email - dee_dee_bender@nps.gov

Shelia Bender 3045356227

1x 06/02/2022

140P2122Q0019

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

Scope of work, 38 pages

Attachment A: Site Photos, 6 pages

Attachment B: Charging Station Specifications P3703-002, 3 pages

Attachment C: Best Management Practices for Soils Treatment, 166 pages

Attachment D: Wage Determination, 6 pages

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.)

10 90 calendar days and complete it within ________________ ________________ calendar days after receiving

07/01/2022

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, HFC - Acquisition Managem 67 Mather Place

IDC Building Harpers Ferry WV 25425

PHF

Shelia Bender

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 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P2122Q0019

Electric Charging Stations

The contractor shall provide all labor, materials, tools, equipment (except as otherwise specified in the solicitation), and services necessary to install two (2) government-furnished charging stations, each with two (2) charging cables, including underground conduit and cable to supply power to an automatic gate arm and keypad, upgrade electric panel box to supply power to the charging stations and automatic gate and keypad, and provide a total of four (4) bollards with two (2) bollards in front of each charging station.

Legacy Doc #: NPS

Delivery: 90 Days After Notice to Proceed

Delivery Location Code: 0009060803

NPS, Harpers Ferry Center

IDC Building, 67 Mather Place

Harpers Ferry WV 25425 US

00010 HAFC Electric Charging Stations

Product/Service Code: N059

Product/Service Description: INSTALLATION OF

EQUIPMENT- ELECTRICAL AND ELECTRONIC EQUIPMENT

COMPONENTS

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Number 140P2122Q0019

CONTRACT PRICE SCHEDULE

HARPERS FERRY CENTER - ELECTRIC CHARGING STATIONS

Offerors are required to submit, at a minimum, an offer that conforms to the solicitation documents with pricing for all work outlined in the scope of work. Failure to do so may render the proposal unacceptable.

If no specific line item exists for a portion of the work, include the costs in a related item. In case of error in calculation of extended prices, the unit price governs. In case of summation error, the total corrected amounts govern. Round totals and extended prices to whole dollars.

CONTRACT

LINE ITEM

NUMBER

(CLIN)

CONTRACT LINE ITEM (CLI) TITLE QTY UNIT OF

MEASURE

UNIT

PRICE TOTAL PRICE

00010 Electrical work to upgrade existing electric panel and install circuit breakers

1 Job $ $

00020 Provide and install cabling from panel box to charging stations, electric gate, and keypad.

00030 Provide and install concrete footings for charging stations, gate/arm and keypad

00040 Provide trenching install conduit and run proper sized electrical cable to supply power to automatic gate/arm with a backup battery system and keypad.

00050 Provide and install Concrete Bollards

00060 Install Charging Stations

00070 Provide and Install Arm/Gate

00080 Provide and Install Key Pad

TOTAL PROPOSED PRICE – $

SCOPE OF WORK

HARPERS FERRY CENTER - ELECTRIC CHARGING STATIONS

I. BACKGROUND AND PURPOSE

The idea for Harpers Ferry Center dates back to the early years of George Hartzog's tenure as director of the National Park Service. Hartzog became director in January 1964 and one month later named Bill Everhart chief of a new Division of Interpretation and Visitor Services. The new division's job was to bring together the various interpretive functions – audiovisual, publications, museums – and coordinate their activities. With the construction work of Mission 66 nearing completion and the success of this national initiative, Bill Everhart was granted permission to establish a center for interpretive media wherein the talents of the NPS for publications, museums, and AV would work together under one roof. Everhart was able to persuade Hartzog of the Center's viability and the initial funds were requested in the FY67 budget. West Virginia Senators Jennings Randolph and Robert Byrd, who had supported the founding of Harpers Ferry National Historical Park, adopted the project proposal. The site on West Camp Hill, Harpers Ferry upper town, was chosen for the new Interpretive Design Center, Harpers Ferry Center (HFC). The Harpers Ferry Center occupies four buildings on West Camp Hill, the IDC, Lewis Anthony, Bird Brady, and the Bomb Shelter. There is also the Conservation Center that is a GSA Leased Building in Charles Town. The Harpers Ferry Center now employs approximately 100 people including interns.

The HFC Facilities, Services and Property provides GSA vehicles for the employees on official government travel to attend meetings, travel to vendors to proof documents and displays, and travel to parks. This SOW is to provide electric charging stations for electric vehicles, authorized government travel.

The McDowell Parking Lot has been where GSA vehicles have been parked. Years ago, when Harpers Historical Park (HAFE) was installing electric service for concerts and parking lot lights for the McDowell Lot the park electrician installed underground conduit for charging stations at the base of the lampposts. This project is to finish the infrastructure to install two (2) charging stations with two (2) charging cables each to enable HFC to charge four (4) vehicles at a time.

To limit access to the charging stations and parking lot an automatic gate arm and keypad shall be installed at the entrance/exit to the McDowell Parking Lot.

II. SCOPE AND OBJECTIVES

All areas in which work shall be performed are under the jurisdiction of the National Park Service (NPS), Harpers Ferry Center (HFC). The contractor shall furnish all labor, materials, tools, equipment (except as noted below), and services necessary to complete preparation, upgrade, and installation of two (2) government-furnished charging stations with two (2) charging cables each, underground conduit and cable to supply power to an automatic gate arm and keypad, upgrade an electric panel box across McDowell Street from the parking lot to supply power to the charging stations and automatic gate and keypad, and two (2) bollards in front of each charging station for a total of four (4) bollards to protect the charging stations from vehicles. The two (2) charging stations including the pole will be government-furnished.

A. SPECIFICATIONS

(1) Upgrade existing electric panel and install circuit breakers for two (2) charging stations, one (1) automatic electric gate, and one (1) keypad. Electric panel and circuit breakers shall be compatible with existing square D panel and breakers.

Maximum recommended amperage to provide shortest charging time, with the capability to charge four (4) vehicles simultaneously. Attachment A, Image 2 is provided to show the location of the existing electric panel in proximity to McDowell Street and McDowell Parking Lot.

(2) Provide and install correct cabling from panel box to charging stations, electric gate, and keypad.

(3) Install concrete footings for charging stations, gate/arm and keypad as follows:

(a) Charging Stations: 18” x 24” x 36” deep to accommodate government-furnished charging station base;

(b) Gate/Arm base and backup battery: 16” x 20” x 36” deep;

(c) Keypad: 12” x 12” x 36” deep

The sizes of the footings are approximate and shall be confirmed prior to installation based on the requirements of the equipment.

(4) Trench 18 inches deep and install conduit and run proper sized electrical cable to supply power to automatic gate/arm with a backup battery system and keypad. All trenching work shall comply with Best Management Practices for soil conservation.

Care must be taken to avoid any rutting caused by vehicles or equipment.

During trenching, archaeological monitoring will be conducted by the government.

If archaeological resources are encountered, work will be stopped for the government to investigate and preserve or protect resources, as appropriate. If work is stopped, you will be notified by the Contracting Officer. Work cannot resume until notified by the Contracting Officer.

When backfilling trenches, the backfill material shall be replaced in the order removed and properly compacted to minimize erosion and promote stabilization.

Final seeding and mulching shall occur at the completion of the project.

(5) Provide and install four (4) 8” diameter concrete bollards. Two (2) shall be installed in front of each charging station. Each bollard shall have a safety yellow plastic sleeve and cap. The bollards shall be installed 48” above ground with 30” below ground, with four (4) 3/4” rebar for each bollard, 72” long vertically mounted.

(6) Install two (2) government-furnished charging stations according to manufacturer’s instructions, pole mounted. The charging stations are Level 2, EVSE LLC, Model 3703. Product Specification is provided as Attachment B. The pole will be government-furnished.

(7) Provide and install government approved automatic arm/gate with battery backup according to manufacturer’s instructions. The automatic arm/gate shall be 14’ long with a sensor to automatically open for vehicles leaving the parking lot, and have an automatic sensor to prevent the game from closing on vehicles.

(8) Provide and install government approved keypad to operate automatic arm/gate according to manufacturer’s instructions. The keypad shall be accessible from a vehicle, suitable for exterior use with an aluminum enclosure with an overhang, rubber gasket for weatherproofing, keylock to secure keypad to the pedestal backplate, with an illuminating light when a key is pressed.

B. MAGNITUDE OF CONSTRUCTION

In accordance with FAR 36.204, Disclosure of Magnitude of Construction Projects, it is anticipated that the magnitude of this construction project shall be between $25,000.00 and $100,000.00.

C. PROJECT MANAGEMENT

A Project Manager shall oversee the contract to ensure scheduling, coordination, oversight, and communication is effectively accomplished for all work produced under this contract.

The Project Manager shall have full authority to act for the contractor on all matters relating to this contract.

The Project Manager shall be the primary point of contact between the Contractor and the Contracting Officer (CO) and the Contracting Officer’s Representative (COR) for this contract. The Project Manager shall perform the following work:

(1) Be available to take or respond to phone calls or email messages during normal business hours; participates in periodic conference calls with COR to discuss project work, content or other deliverables.

(2) Prepare and submit written summaries of all project meetings and conference calls within five working days after the meeting/call.

(3) Provide quality control to ensure that all elements of project work meet contract specifications.

(4) Provide routine inspections of ongoing work.

(5) Ensure quality of work through inspections and thorough reviews with COR as required.

(6) Inform the COR of any issues that could affect work quality or schedule.

(7) Ensure that all work that is not acceptable or compliant with specifications is corrected prior to review by the COR.

(8) Track work progress to ensure the project is completed according to the schedule. Coordinate and confirm the dates for all submittals, meetings, shipments, deliveries with the COR.

(9) Coordinate the review and approval of all submittals with the COR; receive all reviewed submittals and ensures appropriate follow-thru and compliance.

(10) Ensure that all work is completed and delivered according to schedule. In the event of problems or deficiencies, the project manager shall determine the nature of the problem and provide a resolution; ensure that approved remedies or repairs are made in a satisfactory manner and within the time constraints of the schedule.

(11) Compile, prepare and forward a closeout package to the COR to include specified deliverables under this contract.

D. SPECIAL CONDITIONS

(1) Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable regulations, including Occupational Safety and Health Administration (OSHA) and pertaining to the health and safety of personnel during the execution of work. The contractor shall comply with all OSHA and other applicable safety laws. Hard hats, safety vests, eye protection and other personal protective gear, as needed, shall be worn when within the construction zone.

(2) Interference Resulting from Work: The Contractor shall conduct operations to ensure minimum interference to operations around the building.

(3) Storage of Materials and Equipment: The Contractor shall not store equipment nor stockpile material on-site without prior approval from the COR.

(4) Protection: All necessary precautions, including the use of appropriate personal protective equipment (PPE), warning signs and barricades, shall be taken to prevent personal injury and damage to property.

Replace or restore damaged materials, surfaces, or structures caused by normal operations and/or as a result of the Contractor’s negligence as acceptable to the Government at no additional cost

(5) Risk Control: The Contractor shall comply with all applicable Federal, State, and local laws and regulations to include responsibility to conform by current Occupational, Safety, Health Administration (OSHA) & Environmental Protection Agency (EPA) regulations while working on the government site. Without additional expense to the Government, the Contractor shall:

(a) Obtain all licenses and permits required to perform work under this contract.

(b) The Contractor shall be responsible for all reports required or requested by

Federal, State, and Local ordinances that pertain to any duties contained in the Contract.

(c) All Contract employees shall wear personal protective equipment (PPE).

The Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this Contract.

(d) The Contractor shall be responsible for any injury to any Contractor’s representative, or others, as well as for any damage to any personal or public property that occurs during the performance of this Contract that is caused by the Contractor’s fault or negligence.

(e) All damage done by the Contractor shall become the Contractor’s responsibility.

(6) Completed Work: Work shall not be considered completed until the Contractor has completed all repairs, alterations, installations, and replacements identified in the contract. The Contractor shall respond to deficiencies prior to work being considered completed. The Contractor and COR shall work together to resolve deficiencies. Work not completed or not acceptable cannot be certified for payment.

E. SITE VISIT

Within one week prior to the site visits, the Contractor shall:

a) Meet with the COR to discuss daily schedules and work with COR to arrange optimal times for building access.

b) Work with COR to develop building/facility protocols including potential safety hazards, restricted and or sensitive areas.

c) Furnish a detailed agenda with participant names and contact info, and location info.

F. MEETINGS AND PRESENTATIONS

The contractor shall participate in conference calls and or web conferences to present a deliverable or discuss government response to a deliverable. All web conferences shall be conducted using Cisco WebEx or Microsoft Teams.

III. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(FAR 52.211-10) (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days. The time stated for completion shall include final cleanup of the premises.

IV. REVIEW AND APPROVAL

The COR will notify the contractor, in writing, of approval or rejection of the work within 10 days. Any additions or corrections shall be completed within 10 calendar days. In the event the government delays comments beyond the period specified, the contractor shall be entitled to a day-to-day extension in the completion date.

V. DELIVERABLES AND DESTINATION POINT

All deliverables shall be installed by the contractor and approved by the COR

A. Interim Deliverables Shall Include the Following:

(1) Schedule

(2) Safety plan

(3) Gate/arm with battery backup

(4) Keypad and mount

(5) Bollards

B. Final Deliverables Shall Include the Following:

All identified footings, electric panels and circuit breakers, conduit, electric cable, gate/arm with battery backup, keypad and mount, bollards, pole and mounting government-furnished charging stations and complete installation to the government’s satisfaction.

VI. GOVERNMENT-FURNISHED PROPERTY

The contractor shall be responsible for security and protection of all government-furnished property or materials provided in connection with this contract. Following acceptance of all work by the government, the contractor shall return to the COR all government-furnished property.

The government shall furnish two (2) EVSE LLC, Model 3703 Charging stations including cables to charge two (2) vehicles on each charging station, for a total of charging four (4) vehicles simultaneously.

VII. ADDITIONAL WORK

Any additional work not detailed in this contract shall be approved, in writing, by the Contracting Officer via a bilateral modification.

VIII. LOSS OR DAMAGE

The contractor shall be liable for any loss or damage to any government 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 this contract. The contractor shall submit a full written report to the Contracting Officer within 24 hours following the occurrence of such damage, loss, or injury.

If due to fault, neglect, dishonesty of the contractor, his agency or employees, loss or damage to government property is incurred during the performance of this contract, the contractor shall be responsible for same. The government, at its option, may in lieu of repayment, require the contractor to replace at his own expense, all such property as directed by the Contracting Officer. Until the equipment is repaired or replaced, the contractor shall furnish similar, adequate replacement property and/or equipment at no charge to the government, within two working days of the date the equipment has been lost, stolen, or damaged.

IX. CONTRACT ADMINISTRATION

A. The National Park Service, Contract Specialist / Contracting Officer address is: National Park

Service, Harpers Ferry Center, Office of Acquisition Management, P.O. Box 50, 67 Mather Place, Harpers Ferry, West Virginia 25425-0050.

The contractor shall use the Contracting Officer as a point of contact on all business and administrative matters concerning this contract. All correspondence, other than that of a technical nature, shall be addressed to the Contracting Officer, with information copies of the basic correspondence to the COR.

B. The National Park Service, COR address is: National Park Service, Harpers Ferry Center, Attention: COR, P.O. Box 50, Harpers Ferry, West Virginia 25425-0050.

The contractor shall use the COR as the point of contact for all technical matters under the contract. Technical correspondence shall be addressed to the NPS COR, with an information copy of the basic correspondence to the Contracting Officer.

X. AUTHORITIES AND DELEGATIONS

DIAR 1452.201-70 (Sep 2011)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers having 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 exceeding the COR's appointment, within THREE (3) days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within thirty (30) days to any notice made under paragraph (d) of this clause. A failure to 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)

XI. FACILITY SECURITY POLICY

Contractors attending meetings or accomplishing work within the buildings or real property of the National Park Service shall adhere to the security policy of each office. It shall be the responsibility of the contractor to contact the office before work begins for a briefing on security policies.

XII. SITE VISITS

The government may conduct site visits during the period of performance of this acquisition.

XIII. KEY PERSONNEL

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

Project Manager:

(b) During the first 30 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 five (5) days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 30-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least five (5) 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. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

XIV. SPECIAL REQUIREMENT - KEY TRADES

(a) The Contractor shall identify firms that will perform the following KEY TRADES under this contract. If Key Trades will be self-performed, note “self-performed” in the appropriate trade; otherwise provide the name(s) of assigned subcontractors.

Trenching Services:

Electrical Services:

Other:

(b) The assignments above are permanent for the contract duration. The Contractor shall make no substitutions of the above listed Key Trade assignments unless the substitution is approved or directed by the Contracting Officer. The Contractor shall send requests for substitutions to the Contracting Officer a minimum of 15 calendar days prior to any substitution and provide the information required by paragraph (c) below.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete qualification statements for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to the firm being replaced. The Contracting Officer will approve or deny substitution requests within 15 calendar days after receipt of all required information. This clause will be modified to reflect any approved changes.

XIV. LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

The following listed documents are attached and incorporated into this contract.

1. Attachment A: Site Photos

2. Attachment B: Charging Station Specifications

3. Attachment C: Best Management Practices (BMPs) for Soils Treatment (epa.gov)

4. Attachment D: Wage Determination

XV. SITE VISIT (CONSTRUCTION)

(FAR 52.236-27) (FEB 1995) (ALTERNATE 1)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit will be scheduled for June 14, 2022 at 9:00 a.m. ET.

(c) Participants shall meet at: 67 Mather Place, Harpers Ferry, West Virginia 25425.

XVI. PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(FAR 52.232-5) (MAY 2014)

(a) Payment of price. The government shall pay the contractor the contract price as provided in this contract.

(b) Progress payments. The government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration.

Material delivered to the contractor at locations other than the site also may be taken into consideration if --

(i) Consideration is specifically authorized by this contract; and

(ii) The contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the contractor shall furnish the following certification, or payment shall not be made: (However, if the contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that –

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

(Name)

(Title)

(Date)

(d) Refund of unearned amounts. If the contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the “unearned amount”), the contractor shall --

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until –

(i) The date the contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as –

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the government shall, upon request, reimburse the contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the contractor has furnished evidence of full payment to the surety.

The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The government shall pay the amount due the contractor under this contract after --

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A “contract action” is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be --

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the contractor receives the unearned amount; and

(2) Deducted from the next available payment to the contractor.

XVII. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP)

(May 2016)

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.

https://www.ipp.gov/

The contractor shall submit an Invoice Package, including copies of the following documents, to the Contracting Officer’s Representative a minimum of 5 working days prior to submittal of the formal Invoice through IPP. Within 5 working days of receipt, the COR shall provide an acceptability recommendation to both the NPS Contracting Officer and the contractor. If the COR recommends acceptance, the contractor shall submit the invoice through IPP.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: none The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

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

(End of Local Clause)

XVIII. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

NOTICE TO CONTRACTORS

Contractor Performance Assessment Reporting System (December 2015)

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

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

B. The past performance evaluation process is a totally paperless process using CPARS.

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

C. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

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

mailto:IPPCustomerSupport@fiscal.treasury.gov https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/

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

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

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

3. All information provided should be reviewed for accuracy prior to submission.

4. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

5. Your response is due within 60 calendar days after receipt of the CPAR. On day

15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

6. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

F. The following guidelines apply concerning your use of the past performance evaluation:

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

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

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

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

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

https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/

XIX. WARRANTY

The contractor shall guarantee the workmanship against defects in work and material for a minimum of five (5) years. The warranty period shall commence with final acceptance of work.

This shall include all labor and parts at no additional cost to the government.

If during this warranty period, the government identifies defective workmanship, materials, or equipment, the contractor will be notified, in writing, as to liability and responsibility for corrective action at no cost to the government. Action may include, but is not limited to:

A. Placing all work into satisfactory condition;

B. Making good all damages to equipment, the site, the building, or contents thereof, that have resulted from such unsatisfactory work; and

C. Making good any work, materials, or equipment that are disturbed in fulfilling the guarantee including any work, material, or equipment that may have been guaranteed under another contract.

Should the contractor fail to proceed with work in accordance with the guarantee within seven calendar days from the Notice of Corrective Action(s), the government will have such work performed at the expense of the contractor.

In no event will the government be responsible for any extension or delays in the scheduled deliverables or periods of performance under this contract as a result of the contractor's obligations to correct defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration.

If the government returns any work to the contractor for correction or replacement under this contract, the contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in the contract (irrespective of the F.O.B. Point or the point of acceptance) to the contractor's plant and return to the place of delivery specified in the contract. The contractor shall also bear the responsibility for the work while in transit.

The contractor shall be liable for the reasonable costs, including travel of personnel, and disassembly and reassembly of larger items when it is necessary to remove the work to be inspected and returned for correction or replacement.

Warranties included in the contractor’s proposal will become a part of the resultant contract.

XX. SOLICITATION PROVISONS INCORPORATED BY REFERENCE

(FAR 52.252-1) (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer shall make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.

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