Sol_140P4220R0042.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)

0040490149

DOI, NPS, NERO & NER SOUTH MABO

National Park Service

Northeast Regional Contracting South/Philadelphia MABO

PNC

1234 Market Street, 20th Floor

Philadelphia PA 19107

L.J. Gravelle

LJ_Gravelle@nps.gov

Lawrence Gravelle (717) 338-4481

1x 07/31/2020

140P4220R0042

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

Valley Forge National Historical Park (VAFO) Install Grand Parade Trail Signage

Request for Proposal to construction firms having the capability to perform the work in accordance with Attachment 1 - Statement of Work. This requirement is being solicited under FAR Parts 13 and 36.

The work includes providing all labor, materials, tools, equipment, supplies, transportation, supervision, and administrative task for the construction and installation of each sign.

The NAICS for the requirement is 238990 All Other Specialty Trade Contractors with a size standard of $16.5 million.

The magnitude for this project is between $100,000 and $250,000.

This is a competitive total small business set-aside acquisition limited to small business firms. All responsible contractors may submit an offer for consideration in accordance with these and other terms and conditions in this solicitation.

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

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

FAR 52.211-10

08/20/2020

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

DOI, NPS, NERO & NER SOUTH MABO

National Park Service

Northeast Regional Contracting South/Philadelphia MABO

PNC

1234 Market Street, 20th Floor

Philadelphia PA 19107

Lawrence Gravelle

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 30

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P4220R0042

A firm-fixed price contract will be awarded to the responsive contractor submitting the proposal that represents the best value to the government.

The base contract period of performance is expected to be 90 calendar days from notice to proceed. If the option item is awarded an additional 30 calendar days will be added to the period of performance for a total of 120 calendar days from notice to proceed.

A certificate of insurance and payment bond will be required for this effort. Please see the clause section for full requirement details.

There will be an organized site visit on August

5, 2020 at 1:00 PM. Participants will meet at:

1400 N. Outer Line Dr. King of Prussia, PA 19406.

Please RSVP to James Moore at James_Moore@nps.gov and L.J. Gravelle at LJ_Gravelle@nps.gov by 12:00

PM EST on August 4, 2020. MASK WILL BE MANDATORY

TO ATTEND THE SITE VISIT.

Questions shall be submitted to L.J. Gravelle at

LJ_Gravelle@nps.gov via email no later than

August 10, 2020 at 4:00 PM EST. Only written

RFI's submitted via email will be responded to.

Delivery Location Code: 0009060101

NPS, Valley Forge NHP

Facility Maintenace Complex

6200 County Line Road

King of Prussia PA 19406-1009 US

00010 Phase 1 - Grand Parade Signs

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

Delivery: 90 Days After Notice to Proceed

00020 Phase 2 - Grand Parade Signs

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 30

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P4220R0042

(Option Line Item)

45 Days After Award

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

Delivery: 120 Days After Notice to Proceed

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

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 – Price Schedule

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 – Specifications

SECTION E – INSPECTION AND ACCEPTANCE

E.1 – FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 – FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998)

F.2 – FAR 52.211-10, Commencement, Prosecution, and Completion of Work (Apr 1984)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 – Contract Administration

G.2 – DIAR 1452.201-70, Authorities and Delegations (Sep 2011)

G.3 –Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Apr 2013)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 – Interpretation of Contract – Notice of Ambiguities

H.2 – Interpretation of Contract – Notice of Ambiguities

H.3 – Workers Compensation

H.4 – Site-specific Safety and Health Plan

H.5 – ARCHEOLOGICAL FINDINGS

H.6 – KEY PERSONNEL

H.7 – DOCUMENT SUBMITTAL(S)

H.8 – CONTRACT WORK HOURS (NOV 2007)

H.9 – SEASONAL SHUTDOWN

SECTION I – CONTRACT CLAUSES

I.1 – FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998)

I.2 – FAR 52.228-13 Alternative Payment Protections (Jul 2000)

I.3 –DIAR 1452.203-70, Restrictions on Endorsements – Department of the Interior (Jul 1996)

I.4 – DIAR 1452.204-70, Release of Claims – Department of the Interior (Jul 1996)

I.5 – DIAR 1452.228-70, Liability Insurance – Department of the Interior (Jul 1996)

I.6– FAR 52.225-9, BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2014)

SECTION J – LIST OF ATTACHMENTS

J.1 – List of Attachments

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 – FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)

K.2 – FAR 52.204-8, Annual Representations and Certifications (Mar 2020)

K.3 – FAR 52.204-24 Representation Regarding Certain Telecommunication and Video Surveillance Services or Equipment (Dec 2019)

K.4 – FAR 52.219-1, Small Business Program Representations (Mar 2020)

K.5 – FAR 52.222-22, Previous Contracts and Compliance Reports (Feb 1999)

L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 – FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)

L.2 – Magnitude of Construction Project

L.3 – FAR 52.222-5, Construction Wage Rate Requirements – Secondary Site of the Work (May 2014)

L.4 – FAR 52.222-23, Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

L.5 – FAR 52.222-36, Equal Opportunities for Workers with Disabilities (Jul 2014)

L.6 – FAR 52.225-10, Notice of Buy American Requirement – Construction Materials (May 2014)

L.7 – FAR 52.236-27, Site Visit (Construction) (Feb 1995)

L.8 – FAR 52.233-2 Service of Protest (Sep 2006)

L.9 – Instructions for the Submission of Offers and Other Information

SECTION M – EVALUATION FACTORS FOR AWARD

Section B – Supplies or Services and Prices

B.1 – Price Schedule

Line Item Base Bid Cost QTY Total Line Item Base Bid Cost QTY Total Plaza Gateway Sign Concrete Decoration Etched/Sandblasted/Filled $0.00 1 $0.00

Plaza Gateway Sign Concrete Decoration Masked and Stained $0.00 1 $0.00

Plaza Intro/Theme Sign $0.00 1 $0.00 Plaza Intro/Theme Sign $0.00 1 $0.00 Meadow Topic Sign Meadow Topic Sign Type 1 with Map $0.00 1 Type 1 with Map $0.00 1 Type 2 without Map $0.00 3 Type 2 without Map $0.00 3 Meadow Wayfinding Sign $0.00 4 $0.00 Meadow Wayfinding Sign $0.00 4 $0.00

$0.00 $0.00 Installation $0.00 1 $0.00 Installation $0.00 1 $0.00 Profit $0.00 1 $0.00 Profit $0.00 1 $0.00 Overhead $0.00 1 $0.00 Overhead $0.00 1 $0.00 Bond $0.00 1 $0.00 Bond $0.00 1 $0.00

Proposal # 1 Total $0.00 Proposal # 2 Total $0.00

Line Item Base Bid Cost QTY Total Line Item Base Bid Cost QTY Total Plaza Gateway Sign Concrete Decoration Etched/Sandblasted/Filled $0.00 1 $0.00

Plaza Gateway Sign Concrete Decoration Masked and Stained $0.00 1 $0.00

Plaza Intro/Theme Sign $0.00 1 $0.00 Plaza Intro/Theme Sign $0.00 1 $0.00 Meadow Topic Sign Meadow Topic Sign Type 1 with Map $0.00 1 Type 1 with Map $0.00 1 Type 2 without Map $0.00 5 Type 2 without Map $0.00 5 Meadow Wayfinding Sign $0.00 6 $0.00 Meadow Wayfinding Sign $0.00 6 $0.00 Meadow Gateway Sign $0.00 2 $0.00 Meadow Gateway Sign $0.00 2 $0.00

$0.00 $0.00 Installation $0.00 1 $0.00 Installation $0.00 1 $0.00 Profit $0.00 1 $0.00 Profit $0.00 1 $0.00 Overhead $0.00 1 $0.00 Overhead $0.00 1 $0.00 Bond $0.00 1 $0.00 Bond $0.00 1 $0.00

Proposal # 3 Total $0.00 Proposal # 4 Total $0.00

Bid # 1 Total $0.00

Bid # 2 Total $0.00

Bid # 3 Total $0.00

Bid # 4 Total $0.00

PROPOSAL # 3: BASE BID PLUS OPTION PROPOSAL # 4 BASE BID PLUS OPTION

PROPOSAL # 1 PROPOSAL # 2

Notes: All work shall be IAW Section C – Project Specifications, Project Drawings, and Other Documents.

See Section L – Instructions for the submission of offers and other information, for proposal submission instructions and proposal format.

Section C – Description/Specifications/Statement of Work

C.1 – Specifications

See the attached Statement of Work (Section J, Attachment 01) which contains specific project requirements for this procurement.

Section E – Inspection and Acceptance

E.1 – 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):

http://www.acquisition.gov/far

Clause Title Date 52.246-12 Inspection of Construction Aug 1996

Section F – Deliveries or Performance

F.1 – 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):

http://www.acquisition.gov/far

Clause Title Date 52.242-14 Suspension of Work Apr 1984 52.242-17 Government Delay of Work Apr 1984

F.2 – FAR 52.211-10, Commencement, Prosecution, and Completion of Work (Apr 1984)

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

An additional 30 calendar days will be given if the bid option is awarded for a total of 120 calendar days from NTP for project completion.

Section G – Contract Administration Data

G.1 – Contract Administration

Contracting Officer’s Representative(s) for this contract will be established via separate correspondence.

The Contracting Officer (CO) with overall responsibility for this contract will be:

L.J. Gravelle Contracting Officer Interior Region 1, North Atlantic – Appalachian 791 Baltimore St.

Gettysburg, PA 17325 Phone: (717) 338-4481 LJ_Gravelle@nps.gov mailto:LJ_Gravelle@nps.gov

The Contracting Officer Representative (COR) will be established at the time of award through a separate correspondence.

G.2 – DIAR 1452.201-70, Authorities and Delegations (Sep 2011)

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

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

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

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

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

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

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

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

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

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

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

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

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

G.3 –Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Apr 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: All documents and requirements included in 52.232-05, “Payments under Fixed-Price Construction Contracts”. Also, the

Contractor must upload their actual business invoice as an attachment when submitting their payment request through the IPP system.

+ Invoice/Application/Requisition

+ Prime and Subcontractor Payrolls (A Government approved SF 1413 must be on file for each of the subcontractors)

+ Contractor Certification of Progress Payments (reference Invoice/Application/Requisition number and PO/TO/Contract Number)

+ Updated Schedule of Values (SOV) that itemizes of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

+ A listing of the amount included for work performed by each subcontractor under the contract.

+ A listing of the total amount of each subcontract under the contract.

+ A listing of the amounts previously paid to each such subcontractor under the contract.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

Section H – Special Contract Requirements

H.1 – Interpretation of Contract – Notice of Ambiguities

Construction Wage Rates apply to this project and are attached to this document (reference Section J). The project is in King of Prussia, PA, Montgomery County

H.2 – Interpretation of Contract – Notice of Ambiguities

(a) This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties' complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

(b) It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated. Failure to comply with such obligation shall be deemed a waiver and release of any and all claims for extra costs or delay arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

H.3 – Workers Compensation

The Contractor is required to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of the Labor Code of the State of Pennsylvania. Evidence of coverage is required before commencement of project work.

H.4 – Site-specific Safety and Health Plan

A site-specific safety and health plan shall be prepared covering on-site work to be performed by the contractor and all subcontractors. The prime contractor shall be responsible for development, implementation, and oversight of the site-specific plan. The site-specific safety and health plan shall establish in detail, the protocols necessary for recognition, evaluation, and control of hazards associated with each task performed. The plan shall address site-specific safety and health requirements and procedures based upon site-specific conditions. The level of detail provided in the site-specific safety and health plan shall be tailored to the type of work, complexity of operations to be performed, and hazards anticipated. The site-specific safety and health plan shall address, in as much detail as possible, anticipated tasks, their related hazards, and anticipated control measures.

As work proceeds, the site-specific safety and health plan shall be adapted to new situations and new conditions. Changes and modifications to the accepted site-specific safety and health plan shall be made with the knowledge and concurrence of the safety office, site superintendent, and contracting office.

Should any unforeseen hazard become evident during the performance of work, the contractor shall bring such hazard to the attention of the safety office and COR, both verbally and in writing for resolution as soon as possible. In the interim, necessary action shall be taken to re-establish and maintain safe working conditions in order to safeguard on-site personnel, visitors, the public, and the environment.

Prior to submittal to the COR, the site-specific safety and health plan shall be signed and dated by the prime contractor's safety and health manager and site superintendent. The site-specific safety and health plan shall be part of the contractor's safety and Health program. The contractor shall submit to the COR the contractor's site-specific safety and health plan for review and approval by the safety office.

Work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational Safety and Health Administration (OSHA) standards, 29 CFR, Part 1910 and Part 1926. Where the requirements of applicable laws, criteria, ordinances, regulations, and referenced documents vary the most stringent requirements shall apply.

H.5 – Archeological Findings

(a) Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found within the construction area, are the property of and will be removed only by the Government. Should Contractor's operations uncover, or his/her employees find any archeological remains, Contractor shall suspend operations at the site of discovery; notify Contracting Officer immediately of the findings; and continue operations in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for Contractor, he will be compensated by an equitable adjustment under the General Provisions of the Contract.

H.6 – Key Personnel Project Manager/Site Superintendent

(a) During the first 45 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 30-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(b) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

(End of Clause)

H.7 – Document Submittal(s)

Documents identified by the government as required to be submitted prior to the Preconstruction Conference/Meeting are required to be submitted within the dates specified by the contract documents. Government required documents not identified with a specific delivery date are due to the Contracting Officer within 10 business days of the date of the Contracting Officer’s Notice of Award. The requirements for the submittals are found in the Project Specifications, award clauses, and/or in the body of the Notice of Award.

H.8 – Contract Work Hours (Nov 2007)

The performance period established for this contract is based upon all work being conducted during regular working hours. Regular working hours are limited to the time between 7 AM to 5 PM, Monday through Friday, excluding Government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and Government holidays, a request must be submitted to the Contracting Officer’s Representative in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

(End of Clause)

H.9 – Seasonal Shutdown

(a) It is recognized that seasonal climatic conditions regularly occur that restrict and, in some cases, prohibit normal construction activities. The actual timing of a seasonal shutdown will be determined by mutual agreement between the Contractor and the Contracting Officer. The Contractor shall give the Contracting Officer at least two weeks’ notice prior to the anticipated resumption of work. The actual date that work is resumed is subject to the approval of the Contracting Officer. The amount of time during a seasonal shutdown is taken into consideration when the completion time as stated in the Contract is determined. Therefore, the contract time will not be extended due to seasonal shutdowns.

(End of clause)

Section I – Contract Clauses

I.1 – 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):

http://www.acquisition.gov/far

Clause Title Date 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements of

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 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

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

Jul 2018

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

Aug 2019

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

Oct 2015

52.209-10 Prohibition of Contracting with Inverted Domestic Corporations Nov 2015 52.211-6 Brand Name or Equal Aug 1999

52.215-8 Order of Precedence – Uniform Contract Format Oct 1997 52.219-6 Notice of Total Small Business Set-Aside Nov 2011

52.219-28 Post-Award Small Business Program Representation May 2020

52.222-1 Notice to the Government of Labor Disputes Feb1997

52.222-3 Convict Labor Jun 2003

52.222-6 Construction Wage Rate Requirements May 2014

52.222-7 Withholding of Funds May 2014

52.222-8 Payrolls and Basic Records May 2014

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

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 May 2014

52.222-21 Prohibition of Segregated Facilities Apr 2015

52.222-26 Equal Opportunity Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015

52.222-50 Combating Trafficking in Persons Mar 2015

52.222-55 Minimum Wages Under Executive Order 13658 Dec 2015

52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2017

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

Sep 2013

52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) - Alternate I (JUL 1995)

Jan 1997

52.223-5 Pollution Prevention and Right-to-Know Information May 2011

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

Aug 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Jun 2020

52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.227-4 Patent Indemnity -- Construction Contracts Dec 2007 52.228-2 Additional Bond Security Oct 1997 52.228-5 Insurance-Work on a Government Installation Jan 1997 52.228-11 Pledges of Assets Aug 2018

52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.228-14 Irrevocable Letter of Credit Nov 2014 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 Jul 2013 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 52.236-3 Site Investigation and Conditions Affecting the Work Apr 1984

52.236-5 Material and Workmanship Apr 1984 52.236-6 Superintendence by the Contractor Apr 1984 52.236-7 Permits and Responsibilities Nov 1991 52.236-8 Other Contracts Apr 1984

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

Apr 1984

52.236-10 Operations and Storage Areas Apr 1984 52.236-11 Use and Possession Prior to Completion Apr 1984 52.236-12 Cleaning Up Apr 1984 52.236-13 Accident Prevention Nov 1991 52.236-17 Layout of Work Apr 1984 52.236-21 Specifications and Drawings for Construction Feb 1997 52.236-26 Preconstruction Conference Feb 1995 52.242-14 Suspension of Work Apr 1984 52.243-5 Changes and Changed Conditions Apr 1984 52.244-6 Subcontracts for Commercial Items Jan 2017 52.246-12 Inspection of Construction Aug 1996 52.246-21 Warranty of Construction Mar 1994 52.242-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) -

Alternate I (SEP 1996) Apr 2012

52.249-10 Default (Fixed-Price Construction) Apr 1984 52.253-1 Computer Generated Forms Jan 1991

I.2 – FAR 52.228-13 Alternative Payment Protections (Jul 2000)

(a) The Contractor shall submit one of the following payment protections:

A payment bond

An irrevocable letter of credit (ILC)

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 calendar days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

I.3 –DIAR 1452.203-70, Restrictions on Endorsements – Department of the Interior (Jul 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

I.4 – DIAR 1452.204-70, Release of Claims – Department of the Interior (Jul 1996)

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

I.5 – DIAR 1452.228-70, Liability Insurance – Department of the Interior (Jul 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer.

The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

Employer's liability $100,000

General liability $500,000

Construction

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

Automobile liability

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

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

I.6– FAR 52.225-9, Buy American Act—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 no availability 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 unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

Section J – List of Attachments

J.1 – List of Attachments

The following attachments are furnished herein and form a part of the solicitation/contract:

Attachment Number

List of Documents, Exhibits, and Other Attachments

01 Scope of Work 02 Wage Determination – Montgomery County, PA 03 OSHA Guidance: COVID-19 04 Price Sheet 05 Past Performance Worksheet 06 Experience Questionnaire

Construction wage rate requirements are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are included in this Section.

In the event the current prevailing Wage Determination is changed by the Department of Labor prior to the closing date of this solicitation, it is the Offeror’s responsibility to insure the most recent determination is used in preparing the proposal. An amendment will not be issued prior to closing to change Wage Determination dates and/or numbers.

Should the wage rate change after closing, but prior to award, the updated Wage Determination will be incorporated by amendment and issued to all Offerors submitting a proposal. If applicable, these Offerors/contractors will be given an opportunity to provide revised proposals solely to amend proposals due to Wage Determination changes. If the wage determination modification does not change any affected wage rates then the provisions of FAR 22.404-5(c)(4) will apply.

Applicable wage rates can be found at https://beta.sam.gov/

Section K – Representations, Certifications and Other Statements of Offerors

K.1 – FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far

Provision Title Date 52.203-18 Prohibition on Contracting with Entities that Require

Certain Internal Confidentiality Agreements or Statements-Representation

Jan 2017

52.236-28 Preparation of Proposals -- Construction Oct 1997

K.2 – FAR 52.204-8, Annual Representations and Certifications (Mar 2020) https://beta.sam.gov/

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.

(2) The small business size standard is $16.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2,…