Sol_140P2123Q0053.pdf

United States Department of the Interior

NATIONAL PARK SERVICE

1849 C Street, N.W.

Washington, D.C. 20240

CONTRACTING OFFICE

P.O. Box 25287, M.S. WCP 7333 West Jefferson Ave, Suite 100 Denver, Colorado 80225 Lakewood, Colorado 80235

IN REPLY REFER TO:

10. C.

Subject: Solicitation Number 140P2123Q0053

PMIS: 244067

Harpers Ferry Roeder House

In accordance with Federal Acquisition Regulations (FAR) Part 13, and Part 36, as supplemented with additional information included in this notice. Enclosed is a competitive requirement set-aside for small businesses. Independently, and not as an agent of the Government, the Contractor shall provide all travel labor, materials, equipment, and services necessary to stabilize stucco, plaster, paint, wallpaper, graffiti, slating, metal objects and wood floor finish at Roeder House, Harpers Ferry, WV.

A Pre-Award Site Visit is scheduled for 15 March 2023, beginning at 10:00 am EST. The contractor shall notify the Contracting Officer Ruth Pagan, ruth_pagan@nps.gov no later than 14 March 2023 at 11:00 EST, advising of attendance to 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. Participants shall meet at:

Harpers Ferry Roeder House HAFE Park Building #16/16A

Northeast corner of High Street & Hog Alley Harpers Ferry, WV 25425

All questions regarding the solicitation shall be submitted and received no later than 21 March 2023, 16:00 EST. Questions shall be sent to Ruth Pagan, Contracting Officer via email at ruth_pagan@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 ruth_pagan@nps.gov by 4 April 2023 12:00 EST. Quotation submissions must reference the solicitation number in the email subject line.

Award of a Firm-Fixed Price (FFP) contract will be made based on the acceptable proposal, meeting or exceeding the acceptability standards for non-cost factors (Project Approach and Schedule, Proposed Personnel, Past Project Work).

mailto:ruth_pagan@nps.gov

SOURCE SELECTION INFORMATION – See FAR 2.101 and 3.104

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

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

Ruth Pagan Contracting Officer https://sam.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)

0040611392

NPS, WASO - WCP Contracting

P.O.Box 25287 MS WCP

Denver CO 80225

PWA

Ruth Pagan 2542589274

244076 x 03/08/2023

140P2123Q0053

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

The Roeder House is located in Harpers Ferry National Historical Park (HAFE), Harpers Ferry, West Virginia. This project requires performance of architectural conservation treatments for stucco, plaster, paint, wallpaper, graffiti, slating, metal objects and wood floor finish stabilization of selective interior and exterior surfaces.

a) This Acquistion is being conducted as a total small business set-aside. The

North American Industry Classification System (NAICS) code is 238310, Drywall &

Insulation Contractors. The Product Service Code (PSC) is Z2JA, Repair or

Alteration of Museums and Exhibition Buildings.

b) Estimated Construction Range is between $100,000 and $250,000

c) Refer to Section H for information regarding the Site Visit.

d) Information and requirements are stated in Sections B through J and attachments noted in Section J apply to this solicitation and subsequent contract

e) Requirements noted in Section K, L, and M apply to this solicitation

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

1 119 calendar days and complete it within ________________ ________________ calendar days after receiving

04/04/2023

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, WASO - WCP Contracting 7333 W. Jefferson Ave

P.O.Box 25287 MS WCP Lakewood CO 80235

PWA

Ruth Pagan

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 62

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P2123Q0053

f) Sections A through M of this Solicitation consist of 62 pages

g) The Time Zone noted in Block 13 is Eastern

Daylight Time (EST)

h) Questions are due in writing to ruth_pagan@nps.gov on or before March 15, 2023

16:00 EST

i) Proposals are due April 4, 2023 12:00 EST

j) The Government anticipates award of a firm-fixed price contract on or before April 24, Header Text: The primary goal of the Conserve

Roeder House Historic Finishes is the preservation and stabilization of historic plaster, paint, stucco, and wood floor finishes to prevent further deterioration of the the historic fabric.

Delivery: 08/21/2023

Delivery Location Code: 0009060830

NPS, Historic Pres Trng Ctr

4801A Urbana Pike

Frederick MD 21704 US

FOB: Destination

Period of Performance: 04/24/2023 to 08/21/2023

00010 Conserve Roeder House Historic Finishes

Product/Service Code: Z2KZ

Product/Service Description: REPAIR OR ALTERATION

OF OTHER CONSERVATION AND DEVELOPMENT FACILITIES

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation: 140P2123Q0053 HARPERS FERRY ROEDER HOUSE

Table of Contents Section Page

B – Prices / Costs ……………………….. …………………………………… 4 C – Description / Specifications/Statement of Work ………………………… 5 – 6 D – Packaging and Marking ………………………………………………… 7 E – Inspection and Acceptance ……………………………………………… 8 F – Deliveries or Performance ………………………………………………… 9 - 11 G – Contract Administration Data ……………………………………………. 12 - 15 H – Special Contract Requirements …………………………………………… 16 - 17 I - Contract Clauses ………………………………………………………........ 18 – 33

Provisions ………………………………………………………………… 34 - 43 J - List of Attachments …………………………………………………………. 44 K – Representations, Certifications ……………………………………………. 45 L – Instructions, Conditions, and Notices to Offerors or Respondents ……… 46 - 51 M – Evaluation Factors For Award …………………………………………..... 52 - 61

B - Supplies or Services/Prices

Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, equipment and travel necessary for completion of the Plaster Repairs at the Frederick Roeder House at Harpers Ferry National Historical Park in Harper Ferry, West Virginia.

Work is identified as the Basic Requirement. It is anticipated that the work identified as the Basic Requirement would be done during one mobilization period over the course of the project schedule.

BASIC REQUIREMENT

Work for the Basic Requirements falls within the provided statement of work.

CONTRACT LINE

NUMBER (CLIN) CLIN TITLE QTY UNIT OF

MEASURE TOTAL PRICE

10 Plaster and Stucco Repairs 1 Lump Sum 20 Wood Floor Finish Stabilization 1 Lump Sum

30 Limestone Wash and Paint Stabilization 1 Lump Sum

TOTAL FIRM FIXED PRICE

(CONTRACT LINE ITEMS 1-3) $____________________________

Section C- Descriptions / Specifications / Statement of Work

1. PROJECT HISTORY AND EXISTING CONDITIONS

A. BACKGROUND

This project requires performance of architectural conservation treatments for stucco, plaster, paint, wallpaper, graffiti, slating, metal objects and wood floor finish stabilization of selective interior and exterior surfaces found in the National Park Service’s historic Roeder House located in Harpers Ferry, WV. All work shall be in compliance with the National Historic Preservation Act of 1966.

The Roeder House is located in Harpers Ferry National Historical Park (HAFE), Harpers Ferry, West Virginia.

The historic Roeder House is one of the most visible and frequented buildings in the Park showcasing well preserved 19th century vernacular architecture and craftmanship. The Roeder house is one of the best resources for plaster, stucco, and historic finish interpretation within the Park. Due to moisture infiltration and deferred maintenance, sections of plaster and stucco are friable, blistering, cracking, and subject to loss. These conditions put the historic fabric at risk of being lost if not addressed.

B. EXISTING CONDITIONS

Constructed in multiple phases between 1844 and 1861, the Roeder House building (HAFE Park Building #16/16A) contains a basement, first floor, second floor, and attic along with front and rear porches. The building currently serves as a Park house museum with a total square footage of 2,505 feet. The conditions vary from states of restoration to disrepair. The basement and first floor have been used by the Park’s interpretation division as exhibit space that depicts 19th century domestic life and the confectionary business once housed in the building. These spaces have been restored to their mid-1800s appearance. The second floor contains two unrestored rooms with deteriorating conditions. The attic space has three walls of historic plaster and finishes in deteriorating condition with minimal intervention in recent years. The Roeder House has two interior staircases, each with historic plaster and finishes in poor condition. The exterior stairway on the rear of the house has historic plaster and finishes in deteriorating condition. In 2002 the National Park Service stabilized specific areas of the Roeder House interior plaster under the project HAFE PMIS 41556 - Rehabilitate Buildings 5, 7, 16, and 16A and under the supervision of NPS Conservator Judy Jacob of the NCR. Therefore, portions of the plaster have edges secured and slabs re-attached to lath and masonry. However, there are still portions of plaster and many paint layers that have not received conservation treatment and remain friable, brittle, and loose and thus prone to flaking, cracking, and loss. The wood boards on the second and attic floors and on their related enclosed stair steps are in need of cleaning and treatment to preserve the desiccated wood fibers. Additionally, there is evidence of continued cracking and spalling in select areas of the exterior stucco.

2. PROJECT SPECIFICATIONS

A. DESCRIPTION

Independently, and not as an agent of the Government, the Contractor shall provide all travel labor, materials, equipment, and services necessary to stabilize stucco, plaster, paint, wallpaper, graffiti, slating, metal objects and wood floor finish at Roeder House, Harpers Ferry, WV.

All work shall be completed in accordance with Attachment 1, Project Specifications entitled “Conserve the Roeder House (Bldg. 16/16A) Historic Finishes,” PMIS no. 244067, Harpers Ferry national Historical Park, Harpers Ferry, WV, National Park Service, dated January, 2022, 25 pages; Attachment 2, Construction drawings entitled “Conserve the Roeder House (Bldg. 16/16A) Historic Finishes,” Peter Dessauer, Architect, Harpers Ferry National Historical Park, May 2022, 5 pages; and Attachment 3, Conservation Report entitled “Interior Plaster Condition Assessment and Treatment Recommendations for Building 16 – Frederick A. Roeder House,” Courtney Magill, NPS National Capitol Region Conservator, May 2022, 77 pages.

Specifically, the Scope of Work includes:

1) Plaster Stabilization

a. Ceiling Plaster Stabilization

i. Consolidate Plaster, approximately 75 sq. ft.

ii. Raise/Re-Adhere Distorted Plaster, approximately 50 sq. ft.

b. Wall Plaster Stabilization

i. Loss of Key, Severely Cracked or Bulging Wall Plaster, approximately 175 sq. ft.

ii. Cracked, Chipped or Crumbling Wall Plaster, Missing Finish or Brown Coats, approximately 175 sq. ft.

c. Miscellaneous Plaster Stabilization

i. Re-adhere loose plaster fragments, approximately 5 sq. ft.

ii. Plaster crack repairs, approximately 75 linear ft.

2) Limewash Coating and Paint Stabilization, approximately 500 sq. ft.

3) Wallpaper Stabilization, approximately 1 sq. ft.

4) Stucco Stabilization, approximately 80 sq. ft.

5) Treatment to clean and conserve the existing wood floors and enclosed wood stair risers and treads, approximately 1160 sq. ft.

SECTION D – Packaging and Marking

N/A

E – Inspection and Acceptance

FAR 52.246-12 Inspection of Construction (Aug 1996)

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

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

(End of clause)

F - Deliveries or Performance

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 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 60 calendar days. 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)

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)

52.246-21 Warranty of Construction (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

Alternate I (Apr1984). If the Government specifies in the contract the use of any equipment by "brand name and model," the contracting officer may add a paragraph substantially the same as the following paragraph (k) to the basic clause:

(k) Defects in design or manufacture of equipment specified by the Government on a "brand name and model" basis, shall not be included in this warranty. In this event, the Contractor shall require any subcontractors, manufacturers, or suppliers thereof to execute their warranties, in writing, directly to the Government.

G - Contract Administration Data

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

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

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

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

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

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

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

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

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

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

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

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

(End of clause)

1452.204-70 RELEASE OF CLAIMS (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

NOTICE TO CONTRACTORS – CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM (DEC 2015)

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

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

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

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.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html

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

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

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

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

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

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

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

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

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

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

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

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

https://www.cpars.gov/ https://www.cpars.gov/

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

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

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

(End of Notice)

H – Special Contract Requirements

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

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

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.

(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.

I – Contract Clauses

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): https://www.acquisition.gov

(End Of Clause)

Clause Number Title Date 52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

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

NOV 2021

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JULY 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination—Debarment MAY 2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.225-9 Buy American—Construction Materials NOV 2021 52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984 https://www.acquisition.gov/

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984

52.244-6 Subcontracts for Commercial Products and Commercial Services JAN 2022

52.252-2 Clauses Incorporated by Reference FEB 1998 1452.237-70 Information Collection JUL 1996

Clauses incorporated full text:

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

Jun 2020

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712

, as described in section FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

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

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

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-3#FAR_3_908 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-3#FAR_3_908 https://www.acquisition.gov/far/part-2#FAR_2_101

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

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

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

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

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

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104 information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil . For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil

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

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work Alternate I Apr 1984

The Contractor shall be required to (a) commence work under this contract within one (1) Day calendar day after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than August 21, 2023.* The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives…