Sol_140P3022R0023.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040576092

NPS, NCR - Regional Contracting

Acquisition Management Division

1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001

PCR

Kimberley Greist (202) 897-7403

PRPA-22005

x 06/02/2022

140P3022R0023

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

Attachment 1 Statement of Work

Attachment 2 Specifications

Attachment 3 Proposal Submission Package

Attachment 4 DOL DB Wage Determination DC20220002 effective 5.20.2022

Attachment 5 Memo from SPE regarding notifying contractors about COVID vaccination certification

Attachment 6 Vaccination Certification Notification to DOI Contractors

CO Brian McCabe

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.)

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

06/20/2022

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

NPS, NCR - Regional Contracting Acquisition Management Division

1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001

PCR

Brian McCabe

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 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P3022R0023

The Government intends to award a single

Firm-Fixed-Price Contract for construction services in response to this solicitation that conforms to the Statement of Work and project specifications to regild the First Division

Monument for the President's Park (White House)

(WHHO).

Delivery: 10/31/2022

Delivery Location Code: 0009060205

NPS, White House Liason

WHL, Design and Construction

1849 C Street NW, Room 1426

Washington DC 20240 US

Period of Performance: 07/01/2022 to 10/31/2022

00010 Regild First Division Monument

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

Point of Contact Information for this

Solicitation:

Contract Specialist (CS): Kim Greist, kim_greist@partner.nps.gov, 202-897-7403

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

Sponsored by GSA

FAR (48 CFR) 53.110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140P3022R0023

PAGE OF

4 | 47

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

First Division Monument Regilding

RFP No.: 140P3022R0023 Contractor:

LABOR, EQUIPMENT, TRANSPORTATION, MATERIALS, ETC.

LINE

ITEM DESCRIPTION QUANTITY UNIT RATE AMOUNT

00010 Mobilization/Demobilization 1 LS

00020 Scaffolding / Manlift 120* Days

00030 Pressure Washers 120* Days

00040 QC / Superintendent 600* Hours

00050 Painter / Gilder 600* Hours

00060 Laborer 600* Hours

00070 Gold coating 1 LS

00080 Brushes, paint remover, bronze cleaner, primer, misc. 1 LS

LINE ITEMS TOTAL $

*These are estimated quantities for estimation purposes only and are subject to field verification and any increases/decreases in these lines are subject to the proposed unit costs included in the award.

CONTRACTOR MARKUPS

SUBCONTRACTOR OVERHEAD %

SUBTOTAL

SUBCONTRACTOR PROFIT %

SUBTOTAL

SUBCONTRACTOR BOND %

SUBCONTRACTOR TOTAL $

CONTRACTOR OVERHEAD %

SUBTOTAL

CONTRACTOR PROFIT %

SUBTOTAL

CONTRACTOR BOND %

CONTRACTOR TOTAL $

TOTAL $

Lump Sum (LS) Quantities: These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.

FAR 36.204 Disclosure of the magnitude of construction projects: Between $100,000 and $250,000

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5 | 47

SECTION C – SPECIFICATIONS/DRAWINGS

C.0 BACKGROUND

C.0.1 NATIONAL PARK SERVICE

The National Park Service (NPS) is a bureau of the U.S. Department of the Interior (DOI) that has been entrusted with the care of our national parks since 1916. The NPS preserves unimpaired natural and cultural resources, and values of the National Park System for the enjoyment, education, and inspiration of this and future generations. The NPS cooperates with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation throughout this country and the world.

The NPS - National Capital Area (NCA) supports natural wonders to man-made marvels in Virginia, West Virginia, Maryland, and the District of Columbia. The NCA parks include: Antietam National Battlefield, Catoctin Mountain Park, Chesapeake & Ohio Canal National Historical Park, George Washington Memorial Parkway, Harpers Ferry National Historical Park, Manassas National Battlefield Park, Monocacy National Battlefield, National Capital Parks - East, National Mall and Memorial Parks, Potomac Heritage National Scenic Trail, President’s Park, Prince William Forest Park, Rock Creek Park, and Wolf Trap National Park for the Performing Arts.

C.0.2 BACKGROUND

President's Park, located in Downtown Washington, D.C., encompasses the White House and includes the Eisenhower Executive Office Building, the Treasury Building, and grounds; the White House Visitor Center; Lafayette Square; and The Ellipse. President's Park was the original name of Lafayette Square. The current President's Park is administered by the National Park Service. The park is officially referred to as President's Park or The White House and President's Park.

The First Division Monument sits on a plaza in President's Park, west of the White House and south of the Eisenhower Executive Office Building at the corner of 17th Street and State Place, NW. The monument was conceived by the Society of the First Division, the veteran's organization of the U.S. Army's First Division, to honor the valiant efforts of the soldiers who fought in World War I. Later additions to the monument commemorate the lives of First Division soldiers who fought in subsequent wars.

For more detailed and general information checkout the website at

President's Park (White House) (U.S. National Park Service) (nps.gov)

C.1 PURPOSE

The DOI - NPS – NCA - has a requirement to regild the Winged Victory Statue and the gilded lettering on the First Division Monument. The existing gilding is reaching or has reached the end of its useful lifecycle. The finishes have deteriorated from general weathering and exposure since the last restoration in the early 2000s. The result is that the current appearance deviates from the original artistic intent. Full restoration is required to install new and durable finishes and to reinstate the artist’s original artistic intent. The work required is to clean and regild the winged Statue of Victory and clean and gild the engraved letters on the west granite wall of the First Division Monument.

C.2 SCOPE OF WORK

The contractor shall provide for all labor, materials, supplies, equipment, supplies, transportation, supervision, ancillary services, and all other necessary items for complete and usable projects, performing all work in complete compliance with this Scope of Work, plans, drawings, and specifications issued or directed through this solicitation and award.

https://www.nps.gov/whho/index.htm?msclkid=5ec5d2a0d12511ecb992e296bdb6952d

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The work shall consist of what is shown in the Statement of Work and summarized below and offerors are responsible for verifying all measurements:

Winged Statue of Victory: This gilded bronze statue is of a female figure, approximately 15’ in height and holding a proportionately sized flag. The complete statue sits atop an eighty-foot-high granite column. It is preferred that cleaning and gilding this statue be completed with the use of temporary scaffolding. Proposals must describe how offerors will protect the statue and column from equipment/scaffold damage. Scaffolding will not be allowed to bear on any part of the monument (statue or column).

The existing gilding must be removed from the statue, the bronze cleaned, primer applied, and new 24-karat gold gilding with protection system applied.

West Granite Wall Letter Gilding: The west face of the west granite wall, of the west wing of the First Division Memorial, contains within it engraved letters which read “THE FIRST DIVISION”. Existing gilding must be removed, the lettering cleaned, primer applied, and gilding applied to sixteen engraved letters with protection system. Each letter is 5” high, engraved into granite to a depth of approximately ½”.

This work will require working in close proximity of active construction. As such, the gilding and bronze work must be scheduled to minimize impacts to other trades.

All work must start after Memorial Day and be completed by Veterans Day 2022.

C.3 SPECIAL PROJECT SPECIFICATIONS

All work shall performed in accordance with the Statement of Work (Attachment 1) and the project Specifications (Attachment 2).

C.4 CONTRACTOR AND PRODUCT ADDITIONAL REQUIREMENTS

The contractor is responsible for adherence to all Occupational Safety and Health Administration (OSHA) Regulation, specifically 29 CFR 1910 - General Industry and 29 CFR 1926 – Construction and applicable State Regulations.

Contractor shall be responsible for obtaining all required permits (if applicable) and scheduling all applicable inspections. All inspections must be signed off and completed prior to receipt of final payment. All applicable submittals required, which may include warranty, production information, operation and maintenance documentation, etc. as defined throughout various sections of the project Specifications (Attachment 2) must be provided to COR and CO prior to submission of final invoice. Invoice will be rejected until all required documentation is submitted. Please refer to Section C.6 for required submittals.

All trash and debris removal must be in accordance with local, state and federal regulations.

All materials and equipment are to be installed per manufacturer’s installation guidance.

Contractor must have adequate liability insurance and proper license to perform all work stated herein.

C.5 GENERAL PLACE OF PERFORMANCE AND HOURS OF OPERATION

National Capital Area (NCA) President’s Park (White House)

Normal operational hours are approximately from 0730 to 1600 Eastern Time, Tuesday through Saturday, except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings or events. The contractor will not be reimbursed when the government facility is closed for the above

140P3022R0023

7 | 47 reasons unless emergency services are requested. All work hours shall be coordinated with the Contracting Officer’s Representative (COR) or designated Point of Contact (POC). Any work performance outside of this schedule requires written approval from the COR. Requests for variations shall be submitted at least three (3) business days before the desired work date.

No work shall occur on the following Federal Holidays:

New Year’s Day – January 1st

Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – Last Monday in May Juneteenth – June 19th Independence Day – July 4th

Labor Day – First Monday in September Columbus Day/Indigenous Peoples Day – Second Monday in October Veteran’s Day – November 11th

Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

Note - if any of the holidays stated above fall on a Saturday, the Friday before the actual day is the official day the Government takes for the holiday. If the holiday falls on a Sunday, the Monday after the actual day is the official day the Government takes for the holiday. These dates do not account for any other days or shorten days that may be added prior to any of the holidays mentioned above that may be added at the discretion of any Presidential Administration and implemented by the DOI.

C.6 LIST OF REQUIRED SUBMITTALS

The required submittals shall include, but are not limited to, the following. These documents are required prior to start of on-site work. Please see Specifications for additional information:

C.7 SITE MANAGEMENT

Maintain walkways, driveways, roads, parking, and project site to be free of all construction debris, equipment and materials on a daily basis. Maintain site free of hazards at all times. Occupancy access shall be negotiated on a project specific basis. Maintain the level of access provided to the facility through the project duration if tenant occupancy is retained. Safety equipment, fencing and barriers shall be installed per safety plan. Erosion control and sedimentation structures shall be constructed in according with EPA standards as needed. All historical and/or archeological issues shall be addressed as needed.

The contractor shall maintain the work site in a safe, neat, and orderly manner. All supplies and equipment on the

Description Bonds (per FAR 52.228-1) Liability Insurance certificates Existing Conditions (per Specifications 01 32 33 1.2) List of Subcontractors and SF-1413 for each, if applicable Key Personnel designations Product Data information Construction Schedule/Schedule of Values Quality Control Plan, including Historic Preservation Treatment Safety Plan, including Scaffolding, Accident Prevention, and Hazardous Materials

140P3022R0023

8 | 47 project site shall be stored to preclude any damage.

Limited space may be provided for the storage of materials, which shall be stored in a clean and neat condition as approved by the COR. This is not guaranteed, thus the contractor must be prepared to transit the entire operational footprint daily.

All mud, dirt, debris, foreign objects, or spills of any kind from the contractor’s operations shall be cleaned up daily or as requested by the COR.

It shall be the contractor’s responsibility to take whatever measures are necessary to assure the protection of the Government assets and to perform the work to cause minimal disruption of ongoing activities near occupied areas.

C.8 RECYCLING AND DISPOSAL OF REFUSE

With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government; all refuse, excess or waste materials resulting from construction operations shall become the property of the contractor (excluding native vegetative and soil debris) and shall be recycled and/or disposed of. All disposals shall be in accordance with federal, state, and local laws and regulations. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.

C.9 SAFETY

During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 – Safety and Health Regulations for Construction or the US Army Corps of Engineers “Safety and Health Requirements” Manual No. 385-1-1 dated November 30, 2014 (free online -https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/ ) whichever is more stringent.

General Requirements:

Work area shall always be maintained in a clean and safe condition.

All personnel providing service on-site shall have pictured identification and uniform displaying the name of the company (if appliable).

All on-site vehicles will also be marked with the company name (if applicable).

Use of barricades, ropes, signs, or audible signals is required, and the contractor must take all necessary precautions for the protection of the work, property, and safety of the public.

Any accident or incident, regarding the work under this contract, shall be reported immediately, in writing, to the

Contracting Officer.

Smoking of any kind will not be permitted on premises. The COR/POC may authorize the use of a designated smoking if requested.

Health Requirements:

The contractor must adhere to all policy or regulation resulting from Executive Order 13999 – Protecting Worker Health and Safety regarding COVID-19 safety precautions and/or any other health and safety risk they may develop through-out performance of this contract. This requirement also includes any supplemental policy or regulation implemented at the NPS Park Level in response to this Executive Order, and/or any future Executive Order. This may include, but is not limited to:

Social Distancing https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/

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Personal Protective Equipment such as masks, eye protection, gloves, etc. being worn at all times while working on Federal Property.

Limiting the number personal, in tight or confined quarters, etc.

C.10 FIRE CONTROL

Contractor's Responsibility for Contractor-Caused Fires. The contractor, whether or not directed by the NPS, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by contractor's employees, whether set directly or indirectly as a result of contractor operations. The contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the contractor's employees or resulting from contract operations.

(1) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(2) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material must be stored either in a separate building used exclusively for such storage, or at a site when all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the NPS when unusually hazardous conditions exist.

(3) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

For any hot work (welding, etc.), the contractor shall obtain a Hot Work Permit from the park structural fire coordinator on each day that hot work is to be performed.

C.11 TEMPORARY FACILITIES

(a) STAGING AREA: The contractor shall arrange the location for exterior stockpiling of materials (i.e. storage) with COR/POC, and contractor must be present when any materials are delivered to ensure proper placement in directed location. The Government will provide adequate staging area as close to the construction site as practicable.

The Government will NOT provide any secured storage/staging areas for the contractor. The contractor shall be responsible for protecting materials stockpiled against adverse weather, damage, theft, and other risks of loss. The Government assumes no responsibility for material or equipment left in the storage area.

(b) SANITARY FACILITIES: Toilet facilities will not be provided by the Government.

(c) WATER, AND ELECTRICITY: Water and 120V electricity may be available at no cost to the Contractor, depending on the location. Should water and electricity not be readily available, the contractor shall provide these services as needed to perform the required work.

(d) TELEPHONE: The Contractor may elect to hook-up commercial phone services using the local telephone service provider, at no cost to the Government. Cell phone or wireless access may or may not be available at the construction site.

C.12 LANDSCAPE PRESERVATION

(a) The contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits.

Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed

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10 | 47 by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or wastewater from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

C.13 EXISTING UTILITIES

The contractor shall field verify all utility locations before digging or trenching. This shall include but not be limited to the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services, and by potholing. The contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

C.14 CONSTRUCTION SCHEDULE/VALUES

Within one (1) week after approval or award of contract and/or other time as agreed to, the contractor shall prepare a construction schedule of activities indicating labor, materials and activity proposed for each day. A schedule of values linking the payment items to the Construction Schedule shall be prepared for each task. This spreadsheet shall describe multiple activities being proposed from start to finish of the project and show construction work completion in %.

The construction schedule shall define the overall time required to perform the identified work. This time schedule shall determine the overall level of effort by discipline for the task. Each major task, including beginning time and ending time, shall be identified within the schedule. Notify the Contracting Officer whenever there are significant departures from the approved Construction Schedule. Submit any requests to modify the Construction Schedule, in writing to the Contracting Officer with an explanation for the deviation.

C.15 HAZARDOUS MATERIAL IDENTIFICATION

Submit Material Safety Data Sheets (MSDS) for any materials defined as hazardous under the most current revision of Federal Standard 313. Two (2) copies of each MSDS shall be submitted to the COR/POC no later than the delivery date of the product.

C.16 PROJECT MANAGER

It shall be the responsibility of the contractor to provide a responsible project manager to represent the contractor in all matters pertaining to work under this contract. The project manager shall have the responsibility of overall supervision, quality control, cost estimating and be responsible for the management of all ongoing work. S/he shall be available in person, by telephone, or radio to respond to any and all problems during normal working hours.

The contractor shall provide a detailed resume of project manager for review and approval by the Contracting Officer. If during the term of this contract, the contractor changes or replaces the project manager, approval by the Contracting Officer is required.

C.17 SITE SUPERINTENDENT

It shall be the responsibility of the contractor to provide a responsible site superintendent to represent the contractor in the field in all matters pertaining under this contract including, but not limited to construction, day-to-day coordination of

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11 | 47 activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent may also be designated the project manager. S/he shall be available on site in person, by telephone, or radio to respond to any and all problems during normal working hours.

It is expected that this individual will be available on site for at least three (3) hours per workday. The site superintendent shall be responsible for on-site Quality Control and shall sign all contract submittal transmittal sheets. Site superintendent shall maintain on site a file containing the following project documents when applicable.

� Executed Task Order (Task Order Request, Price Proposal) � Contract Drawings � Contract Specifications � Quality Control Plan – (up to date) � As-Built Drawing – (up to date) if required � Task Orders � Modifications

This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent. The Contracting Officer shall be invited to participate in the review.

C.18 BIOBASED AND SUSTAINABLE PRODUCTS

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that m a y b e required in performance of this construction contract:

2-Cycle Engine Oils – 34% Minimum BioBased Content Concrete and Asphalt Cleaners – 70% Minimum BioBased Content Concrete and Asphalt Release Fluids – 87% Minimum BioBased Content Corrosion Preventatives – 53% Minimum BioBased Content Diesel Fuel Additives – 90% Minimum BioBased Content Dust Suppressants – 85% Minimum BioBased Content Erosion Control Materials – 77% Minimum BioBased Content Fertilizers – 71% Minimum BioBased Content Fuel Conditioners – 64% Minimum BioBased Content Gasoline Fuel Additives – 92% Minimum BioBased Content Graffiti and Grease Removers – 34% Minimum BioBased Content Greases – Truck – 71% Minimum BioBased Content Inks – Sheetfed (Black) – 49% Minimum BioBased Content Inks – Sheetfed (Color) – 67% Minimum BioBased Content Intermediates – Binders – 47% Minimum BioBased Content Intermediates – Chemicals – 22% Minimum BioBased Content

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Intermediates – Paint and Coating Components – 22% Minimum BioBased Content Metalworking Fluids – General Purpose Soluble, Semi-Synthetic, and Synthetic Oils – 57% Minimum

BioBased Content Mobile Equipment Hydraulic Fluids – 44% Minimum BioBased Content Mulch and Compost Materials – 95% Minimum BioBased Content Multipurpose Lubricants – 88% Minimum BioBased Content Pneumatic Equipment Lubricants – 67% Minimum Biobased Content Wood and Concrete Sealers – Membrane Concrete Sealers – 11% Minimum Biobased Content Wood and Concrete Sealers – Penetrating Liquids – 79% Minimum Biobased Content

For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov.

C.19 DEFINITIONS (Not included in Federal Acquisition Regulations)

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

2-Cycle Engine Oils - Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear.

Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

Contract Pay Item - A pay item designated on the bid schedule and described by a specification.

Concrete and Asphalt Cleaners - Chemicals used in concrete etching as well as to remove petroleum-based soils, lubricants, paints, mastics, organic soils, rust, and dirt from concrete, asphalt, stone and other hard porous surfaces. Products within this item include only those marketed for use in commercial or residential construction or industrial applications

Concrete and Asphalt Release Fluids - Products that are designed to provide a lubricating barrier between the composite surface materials (e.g., concrete or asphalt) and the container (e.g., wood or metal forms, truck beds, roller surfaces).

Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.

Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

Corrosion Preventatives – Products designed to prevent the deterioration (corrosion) of metals.

Diesel Fuel Additives - (1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale http://www.biopreferred.gov./

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13 | 47 or use. (2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20).

Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

Dust Suppressants - Products formulated to reduce or eliminate the spread of dust associated with gravel roads, dirt parking lots, or similar sources of dust, including products used in equivalent indoor applications.

Erosion Control Materials - Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth.

Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

Fertilizers - Products formulated or processed to provide nutrients for plant growth and/or beneficial bacteria to convert nutrients into plant usable forms. Biobased fertilizers, which are likely to consist mostly of biobased components, may include both biobased and chemical components. See www.bioperferred.gov for more specific information.

Fuel Conditioners - Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system.

Gasoline Fuel Additives - Chemical agents added to gasoline to increase octane levels, improve lubricity, and provide engine cleaning properties to gasoline-fired engines.

Graffiti and Grease Removers - Industrial solvent products formulated to remove automotive, industrial, or kitchen soils and oils, including grease, paint, and other coatings, from hard surfaces.

Greases – Truck - Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots.

Inks – Sheetfed (Black) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Black inks used on coated and uncoated paper, paperboard, some plastic, and foil to print in black on annual reports, brochures, labels, and similar materials.

Inks – Sheetfed (Color) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Pigmented inks (other than black inks) used on coated and uncoated paper, paperboard, some plastic, and foil to print in color on annual reports, brochures, labels, and similar materials.

Intermediates – Binders - Materials used to provide cohesiveness throughout an entire finished product. Binders are generally polymers or polymer precursors (such as epoxies) and include the polymeric materials used to formulate coatings, adhesives, sealants, and elastomers. The product category does not include adhesives and glues that are finished products used to attach the surfaces of two or more distinct and separate components to one another.

Intermediates – Chemicals - Ingredients used as reactants for organic synthesis reactions rather than for their functional properties in a chemical mixture; those used as building block chemicals and secondary chemicals such as glycerol, http://www.bioperferred.gov/

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14 | 47 succinic acid, propanediol, and monomers such as lactic acid and propylene; those used for specific functional properties during manufacturing of other products such as pH regulators, flocculants, precipitants, neutralizing agents, emulsifiers, viscosity reducers, rheology modifiers, adhesion agents, detergents, wetting agents, foaming agents, or dispersants; those that are added to end-use products for their specific functional properties including polyols, polymers, and solvents for thinning and drying applications but excluding solvents used for cleaning; and those used for dyes, pigments, and scents including flavorings for non-food products such as lip balm.

Intermediates – Paint and Coating Components - Ingredients used to formulate finished waterborne or solvent borne paint and coating products. Examples of Intermediates – Paint and Coating Components include binders, pigments, thickeners, curing agents, modifiers, humectants, open time additives, alkyd latex resins, polymers, polyols, reactive oligomers, or reactive diluents.

Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

Materials - Any substances for use in the construction of the project and its appurtenances.

Metalworking Fluids – General Purpose Soluble, Semi-Synthetic, and Synthetic Oils - Fluids that are designed to provide cooling, lubrication, corrosion prevention, and reduced wear on the contact parts of machinery used for metalworking operations such as cutting, drilling, grinding, machining, and tapping. Metalworking fluids formulated for use in a re-circulating fluid system to provide cooling, lubrication, and corrosion prevention when applied to metal feedstock during normal grinding and machining operations.

Mobile Equipment Hydraulic Fluids - Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes.

Mulch and Compost Materials - Products designed to provide a protective covering placed over the soil, primarily to keep down weeds and to improve the appearance of landscaping. Compost is the aerobically decomposed remnants of organic materials used in gardening and agriculture as a soil amendment, and commercially by the landscaping and container nursery industries.

Multipurpose Lubricants - Products designed to provide lubrication under a variety of conditions and in a variety of industrial settings to prevent friction or rust. Greases, which are lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners, are not included in this item. In addition, task-specific lubricants, such as chain and cable lubricants and gear lubricants, are not included in this item.

Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

Pneumatic Equipment Lubricants – Lubricants designed specifically for pneumatic equipment, including air compressors, vacuum pumps, in-line lubricators, rock drills, jackhammers, etc.

Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.

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Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

Standard Specifications - Specifications established for Region wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

Utility Services - Are services such as electricity, gas, steam, water and sewage.

Wood and Concrete Sealers – Membrane Concrete Sealers - Products that are penetrating liquids formulated to protect wood and/or concrete, including masonry and fiber cement siding, from damage caused by insects, moisture, and decaying fungi and to make surfaces water resistant. Concrete sealers that are formulated to form a protective layer on the surface of the substrate.

Wood and Concrete Sealers – Penetrating Liquids - Products that are penetrating liquids formulated to protect wood and/or concrete, including masonry and fiber cement siding, from damage caused by insects, moisture, and decaying fungi and to make surfaces water resistant. Wood and concrete sealers that are formulated to penetrate the outer surface of the substrate.

Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

C.20 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

A. Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to amend, modify, or deviate from the contract. Other responsibilities may be delegated to authorized representatives.

B. Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR include, but are not limited to;

(1) Determining the compliance and adequacy of performance by the Contractor in accordance with the terms and conditions of this contract;

(2) Requesting removal of unsuitable contractor employees;

(3) Ensuring adequacy of schedule and Quality Control Plan, including changes;

(4) Ordering re-performance of unacceptable work or performance by other mean, etc.

C. Point-of-Contact (POC): The POC will be used if an official certified COR cannot be designated at the time of award. The POC will not be designated in writing and will assist the CO in the day-to-day on-site administration of the contract requirements.

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SECTION D--PACKAGING AND MARKING

{Not Applicable}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Acquisition.GOV | www.acquisition.gov

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSES INCORPORATED BY REFERENCE: SEE CLAUSE 52.252-2 FOR MORE INFORMATION

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-13 INSPECTION-DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Acquisition.GOV | www.acquisition.gov

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) -

ALTERNATE I (APR 1984)

The Contractor shall be required to:

(a) Commence work under this contract within ten (10) calendar days after the date the Contractor receives the Notice to Proceed (NTP),

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than one hundred twenty (120) days from Notice to Proceed.

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

The completion date may be extended by the number of calendar days after the date that the Contractor receives the notice https://www.acquisition.gov/

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17 | 47 to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

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

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

(End of clause)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 POST AWARD CONFERENCE

Prior to commencement of work, the CO or COR and/or POC will arrange a meeting with the contractor to discuss the contract terms and work performance requirements. A work progress schedule will be developed at this meeting.

It will be scheduled as soon as possible after the date of the contract award (NTP). All dates and locations of the conference will be mutually agreed upon, and may be held via teleconference or onsite.

G.2 GOVERNMENT FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

Item No. Property Description Qty Location Date Available or Delivery Date

N/A

G.3 DESIGNATION OF CONTRACTING OFFICERS REPRESENTATIVE (COR) AND/OR POINT-OF-

CONTACT (POC)

A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award of the contract in accordance with DIAR 1452.201-70 Authorities and Delegations (SEP 2011). The name will be designated on a letter or form.

B. The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the

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Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

D. On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer.

Whenever, in the opinion of the Contractor, the COR’s requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative.