Sol_140P3020Q0027.pdf

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140P3020Q0027
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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)

0040477836

NPS, NCR - Regional Contracting

Acquisition Management Division

1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001

PCR

Andrew Griffith 0000000000

107/20/2020

140P3020Q0027

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

Solicitation 140P3020Q0027. Description: Remove and Replace Horse Paddock Fencing at

Manassas National Battlefield located at 10606 Lee Highway, Manassas, VA 20109.

The government intends to award one Firm-Fixed Price contract resulting from the bidder who presents the Lowest Price in conformance to the following documents:

1) SOW dated 03/03/2020

2) Fence Map

3) Horse Paddock Spec Sheet

4) Vertical board Spec image

5) WD VA20200162 07/10/2020

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.)

10 183 calendar days and complete it within ________________ ________________ calendar days after receiving

08/21/2020

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

NPS, NCR - Regional Contracting Acquisition Management Division

1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001

PCR

Stacey Rickard

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 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P3020Q0027

1. Solicitation 140P3020Q0027 Description of project: Remove and replace horse paddock fence at the Manassas National Battlefield Law

Enforcement Office.

2. Instructions to submit offer:

2.1. You are invited to submit a response, on

this form 1442, as an offer for

Remove and replace horse paddock fence at

Manassas National Battlefield.

2.2. As a result of this solicitation, the

Government intends to award a Firm Fixed

Price (FFP) contract to the responsible bidder whose offer will be most advantageous to the Government, considering only price.

3. Small Business Set Aside: This solicitation is set-aside 100% for small businesses.

4. SITE VISIT:

A site visit will take place on Tuesday August

4th, 2020 at 1:00 pm. The meeting location will be 10606 Lee Highway, Manassas, VA 20109.

5. Questions:

5.1. Submit all questions in the format shown

below by email to the contracting office at the addresses show below (Andrew_griffith@nps.gov).

Do NOT contact any other personnel directly. Doing so will only delay your answer. All questions must come through the

Contracting Office.

Subject Line: SOLICITATION MANA Horse Paddock

Fence Replacement

Email:____________________

FORMAT

Date of Bid Inquiry: _______________

From: ______________________________ Company

Name: ________________________________

Address:__________________________________________

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P3020Q0027

Phone Number: _____________________________

Fax Number:______________________________

Email address:

(Please clearly state your question) (If sent via an attachment word docs are preferred to facilitate posting of answers to the master Q&A document.)

5.2 Any explanation desired by an offeror

regarding the meaning on interpretation of the solicitation, or proposals, drawings, specifications etc must be requested in writing and with sufficient time allowed for a reply before due date. Question due date: Tuesday

August 11th, 2020 by Close of business.

5.3 Amendments, when issued, will be acknowledged

on the 1442 form. This will ensure the latest information and changes are current as of the due date.

6. Due date:

By close of business August 21st, 2020. Quotes

MUST be submitted on the attached Price Schedule to be valid.

7. Wage Determination:

Davis Bacon Wage Determinations (Construction) are applicable to this project. General decision number VA20200162 07/10/2020.

8. Bonds

A payment bond and insurance will be required along with all approved submittals will be required before a Notice to Proceed will be issued.

Legacy Doc #: NPS

Delivery: 03/16/2021

Delivery Location Code: 0009060165

NPS, Manassas NBP

6750 Sudley Road

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P3020Q0027

Manassas VA 20109 US

Period of Performance: 09/15/2020 to 03/16/2021

00010 Remove and Replacement Horse Paddock Fence at

Manassas National Battlefield's Visitor

Protection Center. Contractor is responsible for providing all labor, supervision, signage, tools, equipment and material.

Product/Service Code: Y1PZ

Product/Service Description: CONSTRUCTION OF

OTHER NON-BUILDING FACILITIES

All invoices must be submitted electronically via the Invoice Processing Platform at WWW.IPP.GOV.

Please upload a hard copy of your invoice(s) when submitting for payment.

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

TABLE OF CONTENT

Clauses by Reference Uniform Contract Format Section

SECTION A – Solicitation/Contract Form 52.203-18 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements -Representation (Jan 2017) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.225-9 -- Buy American–Construction Materials. Buy American–Construction Materials (May 2014)

SECTION B – Proposal Pricing SECTION C – Description/Specifications SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance SECTION F - Deliveries or Performance 52.211-10 -- Commencement, Prosecution, and Completion or Work (Apr 1984)

SECTION G - Contract Administration Data 1452.201-70 Authorities and Delegations (Sep 2011) Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (May 2016)

SECTION H - Special Contract Requirements 52.223-2 -- Affirmative Procurement of Biobased Products Under Construction Contracts (Sep 2013)

SECTION I - Contract Clauses 52.252-2 – Clauses Incorporated by Reference (Feb 1998) 52.202-1 Definitions (Nov 2013) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.211-18 Variation in Estimated Quantity (Apr 1984) 52.215-8 Order of Precedence -- Uniform Contract Format (Oct 1997) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.222-1 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.222-3 Convict Labor (June 2003) 52.222-6 Construction Wage Rate Requirements (Aug 2018) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Aug 2018) 52.222-9 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014) 52.222-12 Contract Termination-Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

52.225-13 Restriction on Certain Foreign Purchases (Jun 2008) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.228-11 Pledges of Assets (Jan 2012) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-16 Quantity Surveys (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.244-6 Subcontracts for Commercial Items (Jan 2019) 52.246-21 Warranty of Construction (Mar 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.228-13 -- Alternative Payment Protections (Jul 2000) 52.236-14 Availability and Use of Utility Services (Apr 1984)

Clauses by Full Text Uniform Contract Format Section

SECTION A – Solicitation/Contract Form

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

Construction Instruction:

1. INSURANCE - MINIMUM AMOUNTS

1.1. Reference Contract Clause titled, “Insurance -Work on a Government Installation (FAR 52.228-5). Kinds and minimum amounts are as follows:

KIND AMOUNTS

(see 1452.228-70 -- Liability Insurance—Department of the Interior (Jul 1996)

1.2. Except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

https://www.acquisition.gov/

1.3. NOTE: Before commencing work under this contract, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance has been obtained. The policies referenced in the certification (s) shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor shall maintain a copy of proofs of required insurance, and shall make copies available to the Contracting Officer upon request. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

2. SCHEDULING

2.1. Normal Park work hours for the Contractor will be between the hours of 7:00 AM through 4:30 PM, excluding Saturdays, Sundays, and Federal Holidays. If the Contractor desires to work during periods other than above, he must notify the Contracting Officer’s Representative (COR) five (5) working days in advance of his intention to work during other periods to allow assignment of additional inspection forces. When the COR determines that they are reasonably available, he may authorize the Contractor to perform work during periods other than normal duty hours/days. However, if inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the Contractor, the actual cost of the inspection, at overtime rates, will be charged to the Contractor and will be deducted from the final payment of the Contract amount.

2.2. The following Federal legal Holidays are observed IAW Davis Bacon:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday of January President’s Day Third Monday of February Memorial Day Last Monday of May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

2.3. NOTE: Any of the above holidays falling on a Saturday will be observed the preceding Friday; holidays falling on a Sunday will be observed on the following Monday.

2.4. Prior to commencing work on the job initially, resumption of work after prolonged interruption (7 calendar days or more), commencement of any warranty work, and upon completion of warranty work, the contractor must notify the Contracting Officer (or the Contracting Officer’s Representative). When relocating to new sites, returning to sites for follow-up work on a phased work plan, notification to the Contracting Officer’s Representative is sufficient. Notification should be by personal contact; however, advance notification may be by telephone, or in writing, and should be accomplished sufficiently in advance to allow scheduling of inspection forces. The purpose of the above precautions is to ensure construction inspection and recording of work proceedings.

3. INVOICING AND PAYMENT

3.1. Properly prepared invoices, bearing the contract number, shall be submitted electronically to the COR on designated invoice forms provided at the pre-construction meeting PRIOR to uploading in Invoice Processing Platform, or IPP paying system. This submission will be for a “pencil copy:” review prior to submitting an electronic invoice in Invoice Processing Platform, or IPP. Payment will be made by in accordance with FAR Clause 52.232-5 Fixed-Price Construction Contracts and FAR Clause 52.232-27, Prompt Payment for Construction Contracts, All payments will be made by electronic transfer of funds (EFT).

3.2. The Government will make payment using IPP upon satisfactory completion of work AND receipt of a proper certification for payment. Do not input invoice into IPP until the pre-approval of invoice is received from the contracting officer. This will lessen the need for rejections. Payment may be withheld unless all contractual requirements including but not limited to, RECEIPT OF PROPER PAYROLLS IAW DAVIS BACON

REQUIREMENTS

3.3. All requests for payments must include a Subcontractor Payment Register pursuant to FAR Clause 52.232- 5 and a contractor’s certification that reads as follows:

I hereby certify, to the best of my knowledge and belief that – The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract; 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 requirements of Chapter 39 of Title 31, United States Code; This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from subcontractor or supplier in accordance with the terms and conditions of the subcontract; and This certification is not to be construed as final acceptance of a subcontractor’s performance.

3.4. A release of claims is required for all final payment requests and shall be submitted by the contractor with the final invoice.

4. CONTRACT ADMINISTRATION

4.1. The contracting office, otherwise known as MABO-West, is the office having administrative jurisdiction over this contract for all matters. A list of the names and telephone numbers of the Government team comprising the contract administrator, Contracting Officer’s Representative (COR), consultant, and point of contact at the project site will be provided at the post-award/pre-construction conference.

4.2. All correspondence shall be addressed to the Contracting Officer. A copy of all correspondence shall be furnished to the contracting officer’s representative. Enclosures attached to or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, project number, and project title, and shall have only one subject. For tracking purposes, a sequential numbering system should be used for all correspondence.

5. PAPERLESS CONTRACTING

5.1. The National Parks are fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that to the maximum extent possible to include but not limited to correspondence, modification distribution, etc., to include specifications and drawings, will be issued using electronic methods, i.e., electronic mail (e-mail). Contractors shall have and maintain capability to receive documents in this manner.

5.2. Additionally, it is anticipated that within the life of this contract, other electronic processes will be enacted.

These include, but are not limited to, electronic bidding/offers, change order proposals, and electronic invoicing.

When implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government.

6. UTILITY SERVICES

The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available. The contractor is responsible for installing temporary service outlets, as necessary, at its expense in accordance with the clause entitled “Availability and Use of Utility Services” (FAR Clause 52.236-14). The following utilities will be available: water is available at maintenance yard.

7. PREPARATION OF MATERIAL APPROVAL SUBMITTALS

The contractor shall submit all materials and articles requiring approval, as required by the Material and Workmanship Clause, FAR 52.236-5. Submittals shall be submitted using as a coversheet, CM-16 TRANSMITTTAL FORM. Submittals shall be given a distinct identification system. Individual submittal documents shall not be comprised of items for more than one CLIN. Address for delivery of submittals will be provided at the post award/pre-construction conference. The contractor is reminded that an individual within the company who has authority to make the certification must sign the certification.

8. <reserved>

9. NOTICE OF COMPLETION OF CONSTRUCTION/PRE-FINAL AND FINAL INSPECTION

9.1. The contractor shall conduct a pre-final inspection in the presence of the Contracting Officer’s Representative (COR) prior to the date scheduled for Final Inspection. Any discrepancies noted shall be corrected prior to Final Inspection.

9.2. The contractor shall request scheduling of a final inspection in writing to the Contracting Officer at least five (5) working days prior to the desired date or as otherwise negotiated with the Contracting Officer.

9.3. COR personnel and the Contracting personnel will perform the Final Inspection in the presence of the contractor, and any discrepancies noted shall be corrected within the time specified by the Contracting Officer.

9.4. Final Inspection shall not constitute acceptance of a project unless so stipulated by issuance of a separate acceptance notice.

9.5. The contractor is cautioned to ensure they have completed adequate Quality Control reviews prior to scheduling pre-final or final inspections. In the event the Contracting Officer finds that the project is not ready for the applicable inspection, (too many discrepancies) the contractor may be held liable for the costs of a repeat inspection. If the inspection involves A/E personnel these costs may include additional labor, travel and miscellaneous expenses.

10. DESIGNATION OF TECHNICAL REPRESENTATIVE

The Contracting Officer will appoint a qualified Contracting Officer’s Representative (COR) for the purposes of technically administering the contract; however, all matters concerning this contract or any work ordered placed against this contract must first be approved by the Contracting Officer. This in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in terms of the contract.

11. CONTRACTOR STAFF AND EMPLOYEES

11.1. Prior to commencing on-site construction, the contractor shall provide the Contracting Officer with a telephone number and FAX number at which the contractor or his representative may be contacted at any time during regular working hours and an emergency number at which the contractor may be contacted in situations requiring immediate attention.

11.2. Supervision. The Government shall not exercise any supervision or control over the contractor employees performing services under this contract; such employees shall be accountable not to the Government, but solely to the contractor, who in turn is responsible to the Government.

11.3. Contractor’s Employees. All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may, in writing, require the contractor to remove from the job site, any employee the Contracting Officer deems incompetent, careless or otherwise objectionable.

12. CONTRACTOR OFFICE AND STORAGE

12.1. Parking of contractor vehicles shall be restricted to the contractor’s designed on-site area or the work area.

The company name shall be prominently displayed on all construction vehicles parked on the job site.

12.2. Security of material storage areas on the job site shall be the responsibility of the contractor. The area shall be kept neat and orderly and free of debris.

13. RECORD DRAWINGS

Gov’t does not have record drawings. If contractor creates field drawings, then we would appreciate a copy.

14. VERIFICATION OF DIMENSIONS

The contractor shall be responsible for the coordination and proper relation of all aspects of the work. He/she shall field verify all dimensions and advise the Contracting Officer of any discrepancies prior to proceeding with any phase of the work. Where exact locations are not given for the positioning of equipment and devices, they shall be positioned to permit easy access for maintenance and for removal and replacement of component parts.

15. SITE VISIT

52.236-27 – Site Visit (Construction) (Feb 1995)

(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) A site visit has been scheduled for: 4 June at 1:00 EST

(End of provision)

16. REGULATIONS

16.1. The contractor shall comply with all applicable Federal, State, Local and Nat’l Park Policies and regulations pertaining to safety, traffic control and fire prevention.

17. TRANSPORTATION, HANDLING AND STORAGE

17.1. The contractor shall coordinate with suppliers and shippers to ensure that incoming materials are properly identified with the contractor’s name, contract number and project title. The contractor shall designate an authorized individual to be available to receive shipment. The Government will not provide storage other than that available at the project site.

17.2. Storage of supplies, materials and equipment on the project site shall be accomplished in such a manner so as to prevent mechanical and climatic damage and loss due to vandalism or theft. Equipment temporarily removed in the performance of work and stored on the job site shall be stored and protected in accordance with previous paragraphs, and shall be replaced in a condition compatible with its original state. Security for equipment and material removed from the job site for temporary storage until reuse shall be the responsibility of the contractor.

18. CLEANUP AND DISPOSAL OF DEBRIS AND FILL MATERIALS

18.1. At the end of each workday, the contractor shall clean up the work and storage areas and stack all materials in a manner approved by the Contracting Officer or his designated representative. Upon completion of a project, the contractor shall ensure that all dirt, trash, and debris resulting from the construction operations are removed from the work area. Unless directed otherwise in the contract or by the Contracting Officer, disposal of debris shall be made at the contractor’s expense and shall be delivered to a state approved disposal site located off site. Debris shall not be left in such a manner that wind or other weather conditions can cause the debris to be scattered outside the work area (i.e., on nearby runways, ramps or taxiways).

18.2. The hauling and disposal of excess fill material including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be the responsibility of the contractor. Disposal shall be in accordance with applicable state and local regulations.

19. ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law. Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

20. HAZARDOUS MATERIALS

20.1. Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract.

20.2. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos-containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating. Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

21. POLLUTION ABATEMENT

21.1. All work shall be performed in a manner minimizing pollution of air, water and land as required.

21.2. Transporting materials to or from the site shall be accomplished in a manner preventing materials or particles from becoming airborne. Earth materials shall be wetted or otherwise protected. Gravel, sand and concrete shall be contained within vehicles to prevent spillage. Tarpaulins must be fastened over load before entering surrounding streets. Removal of any materials dropped or blown off vehicles shall be the responsibility of the contractor.

21.3. Burning of any material is strictly prohibited.

21.4. Stream beds, lakes, drainage ways, sanitary and storm sewers, etc., shall not be polluted by fuels, oils, bitumen, acids or other harmful materials. Grading shall be accomplished to prevent surface drainage from the construction site containing harmful amounts of sediment from draining onto adjacent areas.

21.5. Flushing of concrete trucks is restricted to the location specifically designed for this purpose by the Contracting Officer’s Representative.

21.6. Excess mortar, plaster or drywall materials shall not be disposed of on Government property. Water utilized for plastering or drywall equipment shall be disposed of in accordance with the instructions of the COR, and under no circumstances shall water be disposed of in areas which are planted or scheduled to be planted.

22. PERFORMANCE

The contractor’s performance will be evaluated upon final inspection. Any specific requirements for contract quality control and quality assurance by the Government personnel will be defined in the specifications. The contractor will be rated in the areas of contract quality control, timely performance, effectiveness of management, compliance with labor standards, and compliance with safety standards. The contractor will be notified of any unsatisfactory comments.

23. CONTRACTOR QUALITY CONTROL

23.1 The contractor shall comply with the quality control provisions as specified herein. The Contractor shall perform all quality control inspection and/or testing required by this contract unless specifically designated to be performed by the Government. The quality control system consists of plans, workmanship, fabrication, construction, and operations that comply with contract requirements. The system shall cover construction operations, including fabrication both on-site and off-site, and shall be keyed to the proposed construction sequence.

23.2 ***This is not applicable** If the contractor fails to submit an acceptable quality control plan within the time herein prescribed, the Contracting Officer may refuse to allow construction to start if an acceptable interim plan is not furnished or may withhold funds from progress payments in accordance with the contract clause titled, “Payments under Fixed Price Construction Contracts”, until such time as the contractor submits an acceptable final plan.

23.2. ***This is not applicable** Quality Control Plan

23.2.1. General. Upon receipt of the Notice of Contract Award, the contractor’s quality control plan (2 copies) shall be submitted for acceptance in accordance with INSERT of specifications.

23.2.2. Acceptance. The Contracting Officer’s Representative will review the quality control plan. The contractor shall make such changes and additions as necessary for clarity and completeness as requested by the Contracting Officer’s Representative through the Contracting Officer. Acceptance of the contractor’s plan is predicated on satisfactory performance during construction. Acceptance is conditional and the Government reserves the right to require the contractor to make changes in quality control plans, personnel and operations to correct deficiencies and to assure contract compliance.

23.2.3. Changes. When the contractor proposes changes in the quality control plan or implementation during construction, the Contracting Officer shall be notified in writing. The contractor shall implement no changes prior to acceptance in writing by the Contracting Officer. ***This is not applicable**

24. SAFETY ASSURANCE

24.1. ***This is not applicable**Compliance with Regulations. All work including the handling of hazardous materials or the disturbance or dismantling of structures containing hazardous materials shall comply with the applicable requirements of 29 CFR 1910/1926. Work involving the disturbance or dismantling of asbestos or asbestos-containing materials; the demolition of structures containing asbestos; and/or disposal and removal of asbestos, shall also comply with the requirements of 40 CFR, Part 61, Subpart A. All work shall comply with applicable state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply. The Safety Manual is available at the following web site:

http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx ***This is not applicable**

24.2. Contractor Responsibility. The contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work. The Government shall not be held liable for any actions on the part of the contractor, his employees or subcontractors, which result in illness, injury or death.

24.2.1. Inspections, Tests and Reports. The required inspections, tests and reports made by the contractor, subcontractors, specially trained technicians, equipment manufacturers and others as required, shall be at the contractor’s expense.

24.2.2. Materials and Equipment. Special facilities, devices, equipment, clothing and similar items used by the contractor in the execution of work shall comply with applicable regulations.

24.2.3. Traffic Control Devices. The contractor shall comply with the recommendations contained in Part 6 of the U. S. Department of Transportation, Federal Highway Administration’s “Manual on Uniform Traffic Control Devices”, 2003 edition with Revision 2 available at http://mutcd.fhwa.dot.gov/)to ensure proper warnings to motorists and adequate traffic control. The contractor shall provide all warning lights, barricades and other traffic control devices and signs.

http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx

24.3 Safety Plan shall include the following elements:

24.3.1 Company safety that covers elements of items listed in 24.

24.3.2 Covid19 – The contractor shall include proactive preventative measures as a part of the safety plan.

Reference all guidelines as hotlinks to where the information is found in www://

25. ***This is not applicable** PRE-CONSTRUCTION CONFERENCE

Before work commences on this contract, the Contracting Officer will conduct a conference to acquaint the contractor with Government policies and procedures that are to be observed during the execution of the work and to develop mutual understanding relative to the administration of the contract. Contractors and/or major subcontractors shall attend this meeting at no additional cost to the Government. ***This is not applicable**

26. ***This is not applicable**PARTNERING

The Government intends to encourage the formation of cohesive partnerships with the contractors on selected contracts. This partnership will be structured to draw on the strengths of each organization in order to identify and achieve reciprocal goals. The objective is effective contract performance in achieving completion within budget, on schedule, and in accordance with the Plans and Specifications. This partnership between the contractor and the Government will be voluntary and its implementation will not be a part of the contract requirements nor will it result in a change to the contract price or terms. ***This is not applicable**

27. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

27.1. This Paragraph specifies the procedure for the determination of time extensions for unusually severe weather. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

27.1.1. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

27.1.2. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

27.1.3. Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor’s progress schedule must reflect consideration of these anticipated adverse weather delays in all weather dependent activities.

27.1.4. Upon acknowledgment of the notice to proceed (NTP) and continuing throughout the contract, the contractor will record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor’s scheduled workday.

27.1.5. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a bilateral modification.

28. PROPOSED KEY PERSONNEL, MINIMUM QUALIFICATIONS OF KEY PERSONNEL,

PROPOSED SUBCONTRACTORS, PROCESSES, PROCEDURES AND MATERIALS

Unless specifically deleted in writing by the Contracting Officer at time of award, any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials are hereby incorporated into the contract resulting from the solicitation, and performance shall be limited to individuals, qualifications, firms, procedures, and materials that were specifically identified in proposals or agreed to in negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes.

Key Personnel Descriptions: An individual Key Team Member may not hold more than one key role. The following are minimum qualifications for the required key personnel:

Project Manager: The Contractor’s Project Manager shall have either: (1) an engineering degree and 5 years of experience as a Project Manager working on projects similar in size and scope to the solicited project, or (2) 10 years of experience as a Project Manager working on projects similar in size and scope to the solicited project.

Site Superintendent: The Contractor’s Site Superintendent shall have: (1) a minimum of 5 years of experience working on projects similar in size and scope to the solicited project, or (2) 10 years of experience as a Site Superintendent working in general construction areas that included extensive interactions with the Government.

Quality Control Manager: The QC Manager must be a graduate engineer, graduate architect, or a graduate of construction management, with a minimum of 5 years of construction experience OR a construction person with a minimum of 10 years of experience working on projects similar in size and scope to the solicited project.

Safety Manager: The Safety and Health Officer shall have a minimum of 5 years of experience working on projects similar in size and scope to the solicited project, and 5 years of experience working with the requirements described in Paragraph 28, SAFETY ASSURANCE.

52.225-9 -- Buy American–Construction Materials. Buy American–Construction Materials (May 2014)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on…

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