Sol_140P4223R0013.pdf
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- Attached to
- INDE - POE HOUSE FIRE SYSTEMS Federal contract opportunity
- Solicitation number
- 140P4223R0013
About this file
This solicitation seeks proposals for a firm fixed price contract to remove, replace, and install life safety systems at the Edgar Allan Poe National Historic Site in Philadelphia, Pennsylvania. The scope of work includes removing the existing fire alarm system and installing a new digital fire detection system and wet and dry fire suppression system covering 9,272 square feet of structures. The contract is set aside for competitive proposals from woman-owned small businesses. The National Park Service Northeast Region will evaluate proposals using best value tradeoff procedures. The performance period is 90 calendar days from notice to proceed. The solicitation includes an option for heat tracing of sprinkler piping in the attic area. Responses are due by October 16, 2023.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140P4223R0013_Amd_0001.pdf | ||
| Attachment_8_Bidder_Site_Walkthrough_For_Poe_House_Fire_Alarm_Sign_In_Sheet_0001.pdf | ||
| Attachment_2_-_Drawings_2023-07-13.pdf | ||
| Attachment_7_-_Past_Performance_Questionnaire.docx | DOCX document | |
| Attachment_6_-_Construction_Contraction_Administration.docx | DOCX document | |
| Attachment_5_-_Report_on_Limitation_on_Subcontracting.xlsx | XLSX spreadsheet | |
| Attachment_4_-_Project_Experience.docx | DOCX document | |
| Attachment_3_-_DBA_PA20230003.pdf | ||
| Attachment_1_-_Specifications_2023-07-13.pdf |
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Text version
140P4223R0013 – REMOVE, REPLACE, AND INSTALL LIFE SAFETY SYSTEMS EDAL
INSTRUCTIONS TO OFFERORS:
Failure to submit proposals according to the instructions provided within the solicitation may result in the respondent’s proposal being deemed unacceptable.
All interested parties shall be registered in the System for Award Management or SAM at time an offer or quotation is submitted.
The offerors shall submit a proposal to the contracting officer by email to wendy_deleon@nps.gov
Offers shall submit the following information in its entirety:
a) Checklist for quote submittal:
● Signed acknowledgement of SF1442 ☐
● Signed amendments if applicable ☐
● Submissions for Technical Proposal in accordance with Section L – Return submissions for all technical factors listed. ☐
● Fill and submit with your proposal FAR provisions 52.204-24 and 52.204-26;
and Special requirement 2: key personnel ☐
● SUBCONTRACTING PERCENTAGE WORKSHEET: Complete and submit ☐ attachment 5 "Report on Limitation on Subcontracting" form. The form itself requests input of amounts paid; however, for solicitation purposes, input projected amounts based on your proposed pricing and that of your anticipated subcontractors. Refer to Clauses FAR 52.219-14.
● A response to the following questions:
Judgments, Claims, and Lawsuits:
o Are there any judgments, claims, and/or lawsuits pending or outstanding against or involving entity or partners comprising your entity?
No ___, Yes ___. If “Yes,” submit details of all judgments or claims against either parent office or division/branch that will be responsible for the accomplishment of this project on a separate sheet.
o Is your entity or partners comprising your entity under suspension or debarment by any Federal, state or local agency, or been terminated on any past projects (Federal or others)?
No ___, Yes ___. If “Yes,” submit details on a separate sheet.
c) Contractor Core Data:
Offeror’s Name:__________________________________________________________________
Offeror’s Address:________________________________________________________________
Offeror’s Unique Entity Identifier
(UEI):__________________________________________________________________
Offeror’s POC:___________________________________________________________________
Offeror’s Phone/Email:_____________________________________________________________
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)
0040605783
DOI, NPS, NERO & NER SOUTH MABO
National Park Service
Northeast Regional Contracting South/Philadelphia MABO
PNC
1234 Market Street, 20th Floor
Philadelphia PA 19107
Wendy De Leon 617-599-4957
1x 09/26/2023
140P4223R0013
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
REMOVE, REPLACE, AND INSTALL LIFE SAFETY SYSTEMS, EDGAR ALLAN POE NATIONAL HISTORIC
SITE.
Project Location: Edgar Allan Poe National Historic Site, 530-532 North Seventh
Street, Philadelphia, PA 19123.
The Work consists of: (1) Remove, Replace, and Install Life Safety Systems; (2)
Option 1, Heat Tracing
All work is to be performed in accordance with attachments:
Attachment 1. Project Specifications - REMOVE, REPLACE, AND INSTALL LIFE SAFETY
SYSTEMS EDAL, 343 pages
Attachment 2. Construction Drawings - REMOVE, REPLACE, AND INSTALL LIFE SAFETY
SYSTEMS EDAL, 37 pages.
11. The Contractor shall begin performance within
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 Clause 52.211-10
10/27/2023
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 8/2014)
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
Wendy De Leon
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, certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 3304(a)
STANDARD FORM 1442 (REV. 8/2014) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 40
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P4223R0013
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 tradeoff as the source selection process in accordance with FAR Part 15.
SET-ASIDE TYPE: This is a competitive Woman Owned
Small Business set-aside acquisition. 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, size standard of $45M.
MAGNITUDE: In accordance with FAR 36.204, the project magnitude is estimated to be between
$1,000,000 and $5,000,000.
WAGE RATES: Davis Bacon General Wage Decision
Number: PA20230003, Philadelphia County, Pennsylvania; Construction Type: Heavy and Highway
DURATION: The contract performance period is expected to be 90 calendar days from notice to proceed; the period of performance is negotiable.
SITE VISIT: An organized site visit has been scheduled for Monday October 16, 2023 at 1:30 PM.
Point of contact: Kevin Vernia, email:
kevin_vernia@nps.gov, tel. 267-455-9391, Participants will meet at: Edgar Allan Poe
National Historic Site, 530 North Seventh Street, Philadelphia, PA 19123. ***In the event of a government shut down this site visit will be cancelled and reschedule via an amendment to the solicitation once the government opens back up***
Delivery: 90 Days After Notice to Proceed
Delivery Location Code: 0009060818
NPS, Independence NHP
Independence Natl. Hist. Park
143 S. 3rd. Street
Philadelphia PA 19106 US
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 40
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P4223R0013
Period of Performance: 11/15/2023 to 02/13/2024
00010 Remove, Replace, and Install Life Safety Systems:
This item consists of removal and replacement of existing fire alarm system, installation of fire suppression system, and replacement of exit signage, as indicated on drawings.
Product/Service Code: Z2QA
Product/Service Description: REPAIR OR ALTERATION
OF RESTORATION OF REAL PROPERTY (PUBLIC OR
PRIVATE)
00020 Option 1: Heat Tracing
Contractor shall furnish and install heat tracing and insulation on all sprinkler piping routed throughout the attic area.
(Option Line Item)
Anticipated Exercise Date 45
Product/Service Code: Z2QA
Product/Service Description: REPAIR OR ALTERATION
OF RESTORATION OF REAL PROPERTY (PUBLIC OR
PRIVATE)
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Solicitation No.
140P4223R0013
Document Title PARK PMIS 225446 – Remove, Replace, And Install Life Safety Systems EDAL
TABLE OF CONTENTS
PART I – THE SCHEDULE ………………………………………………………………………………6
SECTION A – SOLICITATION / CONTRACT FORM……………………………………………….6
SECTION B – BID SCHEDULE……………………………………………………………………….. 6
SECTION C – SPECIFICATIONS / DRAWINGS……………………………………………………. 6
SECTION D – PACKAGING AND MARKING……………………………………………………… 7
SECTION E – INSPECTION AND ACCEPTANCE…………………………………………………. 7
SECTION F – DELIVERIES OR PERFORMANCE…………………………………………………. 7
SECTION G – CONTRACT ADMINISTRATION DATA…………………………………………….. 7
SECTION H – SPECIAL CONTRACT REQUIREMENTS………………………………………….. 10
PART II – CONTRACT CLAUSES………………………………………………………………………. 12
SECTION I – CONTRACT CLAUSES…………………………………………………………………12
PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS…………………...19
SECTION J – LIST OF ATTACHMENTS…………………………………………………………….. 19
PART IV – REPRESENTATIONS AND INSTRUCTIONS……………………………………………..20
SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS
OF OFFERORS…………………………………………………………………………………………. 20
SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS……………….29
SECTION M – EVALUATION FACTORS FOR AWARD……………………………………………37
Document Title
PART I – THE SCHEDULE
SECTION A – SOLICITATION / CONTRACT FORM
Solicitation, Offer, and Award (SF-1442) - pages 1- 4 of this package
SECTION B – BID SCHEDULE
Offerors are required to submit, at a minimum, an offer that conforms to the solicitation documents with pricing for Base line items and all option line items. Failure to do so may render the proposal unacceptable. On lump-sum line items, provide the total price only. If no specific line item exists for a portion of the work, include the costs in a related item. In case of error in calculation of extended prices, the unit price governs. In case of summation error, the total corrected amounts govern. Round totals & extended prices to whole dollars. Refer to section “H” of this solicitation for additional information regarding contract options.
SECTION C – SPECIFICATIONS / DRAWINGS
The work of this contract is for the construction of roof replacement and various exterior repairs.
Project Location: Edgar Allan Poe National Historic Site, Philadelphia, PA project description:
The National Park Service proposes to design and install a new wet and dry fire suppression system throughout the Edgar Allan Poe NHS complex (three interconnected buildings) as required by NFPA 13 and design a new fire detection system to meet National Fire Protection Association (NFPA) 72. The project will remove the existing fire detection system and replace with new digital fire detection system. The new fire suppression and fire detection systems will cover the entire 9272 square foot of these structures. The new fire detection system will consist of a new panel, two remote annunciators, four duct detectors, 18 heat detectors, 60 smoke detectors, 12 manual pull stations, and 20 notification devices and the associated wiring. The existing head end computer will be reprogrammed with the new device information to provide responding Law Enforcement Rangers and the Philadelphia Fire Department with clear information on the location and nature of the alarm. The new fire suppression system will include a new water connection, all pipes, valves and heads required to meet the code.
Minor repairs to the historic fabric that is disturbed by the installation will also be made at the end of the project.
This project contains one bid option. Option #1 shall furnish and install heat tracing and insulation on all sprinkler piping routed throughout the attic area.
Specifications and drawings are attached and incorporated herein by reference. Refer to section J.
Document Title
SECTION D – PACKAGING AND MARKING
No clauses included
SECTION E – INSPECTION AND ACCEPTANCE
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
SECTION F – DELIVERIES OR PERFORMANCE
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 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 (negotiable) 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)
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)
52.242-14 SUSPENSION OF WORK (APR 1984)
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
Document Title
(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of clause)
1452.204-70 RELEASE OF CLAIMS—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)
NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC 2015)
1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
a. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/
Document Title
b. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.
c. All information provided should be reviewed for accuracy prior to submission.
d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
f. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
6. The following guidelines apply concerning your use of the past performance evaluation:
a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
(End of Notice)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT PLATFORM (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. The IPP website address is: https://www.ipp.gov.
The contractor shall submit a draft Invoice Package, including copies of the following documents, to the National Park Service’s (NPS) Contracting Officer’s Representative (COR) a minimum of 5 working days prior to submittal of the formal Invoice through IPP. Within 5 working days of receipt, the COR shall provide an acceptability recommendation to the contractor. If the COR recommends acceptance, the contractor shall submit a copy of the final version of the COR’s checklist and the Invoice Package to the NPS through IPP.
1. Completed copy of the COR’s final Construction Payment Request Checklist (Submit only with the formal submittal to IPP)
2. Completed copy of the Pay Estimate Form (including signed certification of subcontractor payments) https://www.ipp.gov/
Document Title
3. Completed copy of the Limitations on Subcontracting Report (Include if acquisition is being set-aside and clause 52.219-14 is included)
4. Information required by contract clause 52.232-27, Prompt Payment for Construction Contracts
5. A copy of the current construction schedule (refer to project specification section 01320)
6. A copy of the current Schedule of Values. (refer to project specification section 01320)
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) within 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.
(End of Clause)
SECTION H – SPECIAL CONTRACT REQUIREMENTS
SPECIAL REQUIREMENT 1: OPTION FOR ADDITIONAL SERVICES—SEPARATELY PRICED LINE ITEMS
The Government may require the delivery of the numbered line items identified in the Schedule as option items at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by written notice to the Contractor within 45 days after contract award. Performance of added line item tasks shall be at the price negotiated in the contract Schedule.
(End of clause)
SPECIAL REQUIREMENT 2: KEY PERSONNEL
(a) The Contractor shall assign to this contract the following key personnel:
Project Manager:
Job-site Superintendent:
Quality Control Manager:
Safety 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.
mailto:ippgroup@bos.frb.org
Document Title
(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)
SPECIAL REQUIREMENT 3: PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA
1. The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.
2. If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.
3. Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.
4. The Contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.
SPECIAL REQUIREMENT 4: NOTIFICATION OF SUBCONTRACTING
The contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall be provided on Standard Form 1413 and must include as a minimum:
(a) Prime Contract Number and Subcontract Number (if applicable)
(b) The name and address of the Prime Contractor.
(c) The name and address of the subcontractor.
(d) The date upon which the subcontract was entered into and its duration.
(e) A detailed description of the work being subcontracted.
(f) Project Name and Location of Work.
(g) Identify the names of any intermediate subcontractors (if applicable)
(h) Must be signed by both Prime Contractor and Subcontractor
(End of Notice)
Document Title
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) per the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to a clause’s full text.
52.202-1 DEFINITIONS (JUN 2020)
52.203-3 GRATUITIES (APR 1984)
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)
52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
(MAY 2014)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES
OF WHISTLEBLOWER RIGHTS (JUN 2020)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS (JAN 2017)
52.204-4 PRINTED OR COPIED DOUBLE SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) 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 AND EQUIPMENT (NOV 2021)
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUNE 2023)
52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUB-CONTRACTING WITH CONTRACTOR’S
DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT
2018) 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)
52.215-2 AUDIT AND RECORDS-NEGOTIATIONS (JUN 2020)
52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997)
52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA—MODIFICATIONS (JUN
2020)
Document Title
52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—MODIFICATIONS (JUN 2020)
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED
COST OR PRICING DATA—MODIFICATIONS (NOV 2021) ALT IV (OCT 2010)
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2022)
52.219-30 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO, WOMEN-OWNED SMALL BUSINESS
CONCERNS ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM (OCT 2022)
52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2023)
52.222-3 CONVICT LABOR (JUN 2003)
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS-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 CONSTRUCTION WAGE RATE REQUIRMENTS AND RELATED REGULATIONS
(MAY 2014)
52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
52.222-26 EQUAL OPPORTUNITY (SEP 2016)
52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APRIL 2015)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)
52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)
52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022)
52.222-55 MINIMUM WAGES 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
(SEP 2013)
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020)
52.223-21 FOAMS (JUN 2016)
52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)
52.224-2 PRIVACY ACT (APR 1984)
52.224-3 PRIVACY TRAINING (JAN 2017)
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)
52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020)
52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007)
Document Title
52.227-17 RIGHTS IN DATA – SPECIAL WORKS (DEC 2007)
52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)
52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (DEC 2022)
52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)
52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
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 (JUN 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS CONTRACTORS (NOV 2021)
52.233-1 DISPUTES (MAY 2014) – ALTERNATE 1 (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)
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)
52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)
52.242-13 BANKRUPTCY (JUL 1995)
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)
52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)
52.243-4 CHANGES (JUN 2007)
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)
52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
52.248-3 VALUE ENGINEERING – CONSTRUCTION (OCT 2020)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012), ALT 1 (SEP
1996)
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
1452.203-70 RESTRICTIONS ON ENDORSEMENTS (JUL 1996)
Document Title
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)
1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR (APR 1984)
For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215–2(d)), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.
(End of clause)
52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022) (DEVIATION OCT 2022)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to—
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are—
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F);
or
(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are—
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:
(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.
(i) The following services may be excluded from the 50 percent limitation:
(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity
Document Title under a contract assigned the environmental remediation NAICS code (238210), Electrical Contractors and Other Wiring Installation Contractors.
(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.
(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.
(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause – [Contracting Officer check as appropriate.] _X_ By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture.
Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
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:
$100,000 each person* $500,000 each occurrence* $1,000,000 property damage*
(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.
Document Title
52.228-11 INDIVIDUAL SURETY—PLEDGE OF ASSETS (FEB 2021)(DEVIATION MAY 2023)
(a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond--
(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and
(2) Standard Form 28, Affidavit of Individual Surety, except that the words “being duly sworn, depose and say” on the Standard Form 28 are replaced with the word “affirm” and the Standard Form 28 is not required to be sworn and notarized in block 12.
(b) The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained—
(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1- year period following final payment, whichever is later.
(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.
(3) Other contracts not subject to the requirements of paragraph (c)(1) of this clause. For 90 days following final payment.
(d)The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer.
52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (JUN 2020)(DEVIATION MAY 2023).
(a) Definitions. As used in this clause— Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.
(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102–1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:
(1) Performance bonds (Standard Form 25, except that a seal is not required). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.
(2) Payment bonds (Standard Form 25-A, except that a seal is not required). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.
(3) Additional bond protection.
(i) The Government may require additional performance and payment bond protection if the contract price is increased.
The increase in protection generally will equal 100 percent of the increase in contract price.
(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.
(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury…
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