Sol_140P4222Q0037.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)

0040574690

DOI, NPS, NERO & NER SOUTH MABO

National Park Service

Northeast Regional Contracting South/Philadelphia MABO

PNC

1234 Market Street, 20th Floor

Philadelphia PA 19107

NPS NER Contracting - South MABO

ATTN: Carl Davison 1234 Market Street, 20th Floor Philadelphia, PA 19107

Carl Davison 0000000000

319541

07/11/2022

140P4222Q0037

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

PROJECT DESCRIPTION: Construction of an Office Space in an existing Garage Bay located at Big Meadows in the Shenandoah National Park.

PROCUREMENT TYPE: The Government anticipates awarding a single firm-fixed price contract to meet this requirement. This firm-fixed price contract will be awarded using best value as the source selection process in accordance with FAR Part 13

Simplified Acquisition Procedures.

SET-ASIDE TYPE: This is a competitive small business set-aside. All responsible sources may submit an offer for consideration in accordance with these and other terms and conditions of the anticipated solicitation.

NAICS CODE: 236220 Commercial and Institutional Building Construction with a size standard of $39.5M.

MAGNITUDE: In accordance with FAR 36.204, the project magnitude is estimated to be between $100,000 and $250,000.

DURATION: The contract performance period is expected to be 60 calendar days from

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 60 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

08/10/2022

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

DOI, NPS, NERO & NER SOUTH MABO

National Park Service

Northeast Regional Contracting South/Philadelphia MABO

PNC

1234 Market Street, 20th Floor

Philadelphia PA 19107

Jody Auerbach

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

140P4222Q0037 notice to proceed.

SITE VISIT: An organized site visit has been scheduled for July 19, 2022, at 1:00 PM.

Point of contact: Richard Sweeting, email:

richard_sweeting@nps.gov, tel. 540-999-3500 x3459, Participants will meet at: Harry F. Byrd, Sr. Visitor Center, Skyline Drive Milepost 51, Stanley, VA 22851

ADDITIONAL INFO: Vendors are required to have a

DUNS number and an active registration in SAM, System for Award Management (https://sam.gov/) in order to conduct business with the Federal

Government. Online Representations and should be filled out in https://sam.gov/.

BONDS: Contractor shall submit acceptable bonds and proof of insurance within 10 days of contract award.

a. Payment bond: The Contractor shall submit a payment bond, in accordance with FAR clause

52.228-13, Alternative Payment Protections (JULY

2020), for contracts priced over $35,000 but not exceeding $150,000.00. Payment Bonds shall be for

100% of their proposed price.

b. Bid Guarantee: Contractor will submit a bid guarantee in accordance with FAR clause 52.228-1

Bid Guarantee (Sept 1996). The bid guarantee shall be 20% percent of the bid price or

$500,000, whichever is less.

c. Performance bond: Contractor shall submit a performance bond, in accordance with FAR clause

52.228-15, Performance and Payment bonds-Construction (JUN 2020).

Note: If the amount proposed is less than

$150,000, a bid guarantee or performance bond is not required.

All questions must be sent to the Contract

Specialist via email at carl_davison@contractor.nps.gov no later than

August 03, 2022.

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

140P4222Q0037

Delivery: 60 Days After Notice to Proceed

Delivery: 08/01/2022

Delivery Location Code: 0009060117

NPS, Shenandoah National Park

Headquarters

3655 US HWY 211 East

Luray VA 22835 US

00010 Alter/Convert Bay into Trails Office

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

Period of Performance: 08/22/2022 to 10/21/2022

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

Sponsored by GSA

FAR (48 CFR) 53.110

Contract Document 140P4222Q0037

Document Title SHEN - Trails Office Space At Big Meadows

TABLE OF CONTENTS

Part I – The Schedule……………………………………………...…………...…...………………….………..6 Section A – Solicitation/Contract Form………………………………………………………………………….6

Section B – Price Schedule………………………………………………………………………………………6

Section C – Description/Specifications………………………………………………………………………….6

Section E – Inspection and Acceptance……………………………………………………………………… 52.246-12 Inspection of Construction. (AUG 1996)…………………………………………………………….6

Section F – Deliveries or Performance……………………………………………………………………….….7 52.211-10 Commencement, Prosecution and Completion of Work (APR 1984) Alt I (APR 1984)……

Section G – Contract Administration Data………………………………………………………………………7 1452.201-70 Authorities and Delegations (SEPT 2011)………………………………………………………...7 DOI Local Clause: Electronic Invoicing and Payment Requirements – Invoice Processing Platform ………

(IPP) (APR 2013)

Contract Administration…………………………………………………………………………………….…...8

Section H – Special Contract Requirements…………………………………………………………………….9 Contract Work Hours………………………………………………………………………………………… Construction Wage Rates……………………………………………………………………………………

Part II – Contract Clauses………….…………………………………………………………………………11 Section I – Contract Clauses………………………………………………………………………………...….12 52.222-55 Minimum Wages under Executive Order 13658 (JAN 2022)………………………………………11 52.225-9 Buy American-Construction Materials (NOV 2021)..……………………………….………………14 1452.203-70 Restrictions on Endorsements (JUL 1996)……………………………………………………….18 1452.204-70 Release of Claims – Department of the Interior (JUL 1996)……………………………………..18 1452.228-70 Liability Insurance (JUL 1996)…………………………………………………………………...18

Part III – List of Documents, Exhibits, and Other Attachments…………………………………………...20 Section J – List of Attachments………………………………………………………………………………

Part IV – Representations and Instructions…………………………………………………………………21 Section K – Representations, Certifications and Other Statements to Respondents……………………………21 52.204-8 Annual Representations and Certifications (MAR 2020)….………………………………………

Section L – Instructions, Conditions, and Notices to Respondents…………………………………………….27 52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work (MAY 2014)…………… 52.225-10 Notice of Buy American Requirement – Construction Materials (MAY 2014)……………………27 52.236-27 Site Visit (Construction) (FEB 1995) – Alt I (FEB 1995)……………………………………… Instructions for the Submission of Quotes and Other Information…………………………………………

Section M – Evaluation Factors for Award…………………………………………………………………….30 Evaluation Factors…………………………………………………………………………………………..….30

Document Title SHEN - Trails Office Space At Big Meadows

Section A - Solicitation/Contract Form

See SF 1442 for solicitation details.

Section B - Supplies or Services/Prices

See SF 1442, complete Line Item 00010, and block 17.

Section C – Description/Specifications

See Section J Attachment 1 – Scope of Work

Section D – Packaging and Marking

Not used.

Section E - Inspection and Acceptance

52.246-12 Inspection of Construction. (AUG 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work

Document Title SHEN - Trails Office Space At Big Meadows is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

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

(End of clause) Section F – Deliveries or Performance

52.242-14 Suspension of Work. (APR 1984)

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 60 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G - Contract Administration Data

1452.201-70 Authorities and Delegations. (SEPT 2011)

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

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

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

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

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

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

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

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

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

Document Title SHEN - Trails Office Space At Big Meadows

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

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

(End of clause)

DOI Local Clause: 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.

a. Proper invoice. A complete copy of each invoice, which includes the Contract award number, period of performance, invoice number, Contractor name and address, and all other required documents must be attached in IPP.

b. The Contractor’s request should be submitted to the Contracting Officer’s Representative (COR) and to the Contracting Officer concurrently. Each request for progress payments should include the following substantiation:

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

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

(3) Additional supporting data in a form and detail required by the Contracting Officer, as applicable.

c. If an IPP invoice is submitted without the attached invoice, the IPP submission will be rejected and the contractor will be required to re-submit said invoice.

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

(End of clause)

Contract Administration

Contracting personnel responsible for administering this contract:

Contracting Officer:

https://www.ipp.gov/

Document Title SHEN - Trails Office Space At Big Meadows

Jody Auerbach Office Phone: 267-528-1416 Email: jody_auerbach@nps.gov

Contract Specialist:

Carl Davison, Email: carl_davison@contractor.nps.gov

Section H - Special Contract Requirements

SPECIAL CLAUSE 1: KEY PERSONNEL

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

1. Job-site Superintendent______________________________

2. Project Manager____________________________________

(b) During the first 30 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 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.

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

(End of clause)

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 7:00 am to 6:00 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)

CONSTRUCTION WAGE RATES

DOL Wage Rates apply for this project and are attached to this document (reference Section J). The project is located in Page County, Luray, Virginia.

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 mailto:carl_davison@contractor.nps.gov

Document Title SHEN - Trails Office Space At Big Meadows 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://sam.gov/

(End of Clause)

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)

Infectious Disease Preparedness and Response – Coronavirus Pandemic (COVID-19)

1. Contractors are responsible for their employees’ safety and the safety of job site visitors during the performance of this contract. We encourage contractors to follow guidance from the Department of Labor, Occupational Safety and Health Administration (OSHA), the Centers for Disease Control and Prevention (CDC), and all other applicable local, city, and state mandates. We encourage contractors to develop policies for infection prevention and an Infectious Disease Preparedness and Response Plan.

2. To the extent appropriate, Contractors should include the protective health and safety measures they intend to implement related to COVID-19 in any accident prevention or safety submittals required under this contract.

These plans should contain preventive measures the contractor intends to follow while performing work on government property as well as responsive and corrective actions to be taken if an employee exhibits symptoms or tests positive for COVID-19.

3. Upon contract award, contractors should communicate with the Contracting Officer regarding contractor decisions and actions to protect the health and safety of workers for the duration of contract performance under which pandemic conditions exist.

4. The following websites provide additional guidance and information:

a. https://www.coronavirus.gov/

b. https://www.osha.gov/SLTC/covid-19/

c. https://www.cdc.gov/coronavirus/2019-ncov/index.html

d. https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/construction-workers.html

e. https://www.fema.gov/coronavirus

f. https://www.nps.gov/aboutus/news/public-health-update.htm

5. Contractors are responsible for abiding by Executive Order No. 13991 – Protecting the Federal Workforce and Requiring Mask Wearing – Effective January 20, 2021.

Section I - Contract Clauses

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) https://www.nps.gov/aboutus/news/public-health-update.htm

Document Title SHEN - Trails Office Space At Big Meadows

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards. (JUN 2020)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

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

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021)

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

52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

52.219-8 Utilization of Small Business Concerns (OCT 2018)

52.219-14 Limitations on Subcontracting (SEP 2021)

52.219-28 Post Award Small Business Program Representations. (SEP 2021)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (MAR 2018)

52.222-6 Construction Wage Rate Requirements. (AUG 2018)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (JUL 2021)

52.222-9 Apprentices and Trainees. (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 Davis-Bacon and Related Act Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-21 Prohibition of Segregated Facilities. (APR 2015)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

52.222-26 Equal Opportunity. (SEPT 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

52.222-37 Employment Reports on Veterans (JUN 2020)

Document Title SHEN - Trails Office Space At Big Meadows

52.222-50 Combating Trafficking in Persons. (NOV 2021)

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022)

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. (FEB 2021) - Alternate I. (JUL 1995)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

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. (FEB 2021)

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 (FEB 2021)

52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)

52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014)

52.232-16 Progress Payments. (JUN 2020) Alternate I (MAR 2000)

52.232-17 Interest (MAY 2014)

52.232-23 Assignment of Claims. (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management. (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations. (JUNE 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021)

52.233-1 Disputes. (MAY 2014) Alternate I (DEC 1991)

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)

Document Title SHEN - Trails Office Space At Big Meadows

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)

52.236-15 Schedules for Construction Contracts (APR 1984)

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 2022)

52.246-21 Warranty of Construction. (MAR 1994) Alternate I (MAR 1994)

52.249-1 Termination for the Convenience of the Government. (Fixed-Price). Alternate I (APR 1984)

52.249-10 Default. (Fixed-Price Construction) (APR 1984) Alternate II (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

52.222-35 Equal Opportunity for Veterans (JUN 2020)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR)22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

Document Title SHEN - Trails Office Space At Big Meadows

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.225-9 Buy American–Construction Materials. (NOV 2021)

(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 product (as defined in paragraph (1) of the definition of “commercial product ” at Federal Acquisition Regulation (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 .

"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) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States , if– https://www.acquisition.gov/far/part-2#FAR_2_101

Document Title SHEN - Trails Office Space At Big Meadows

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both , a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material . The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components ".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States . Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States , from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

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

(b) Domestic preference.

(1) This clause implements 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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both , the domestic content test is applied only to the iron and steel content of the construction materials , excluding COTS fasteners. (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 product or to the construction materials or components listed by the Government as follows:

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"] http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

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(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 20 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.

Document Title SHEN - Trails Office Space At Big Meadows

(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 _______ _______ _______

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information .]

(End of clause)

52.228-1 Bid Guarantee (SEPT 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $500,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

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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

(End of clause)

1452.203-70 Restrictions on Endorsements. (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.

(End of clause)

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.

(End of clause)

1452.228-70 Liability Insurance. (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:

Insurance Schedule (General):

1. Workman's Compensation and Employer Liability Insurance:

Compliance with applicable Federal and State Worker's Compensation and Occupational Disease Statutes shall be required. Employer liability coverage in the minimum amount of: $100,000.

2. General/Professional Liability Insurance:

Bodily injury liability insurance minimum amount of $1,000,000 per occurrence;

Per person, $500,000.

3. Automobile Liability Insurance:

a. This insurance shall be required on the comprehensive form of the policy and shall provide for bodily injury and property damage liability covering the operation of all…