Sol_140P4323R0024.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)

0040608550

NPS, NER - NE MABO

Boston National Historical Park

Charlestown Navy Yard Building I-1

PNN

Boston MA 02129-4543

Electronic quotes shall be accepted for this

RFP. Facsimile quotes shall not be accepted, Offers shall be emailed to janice_boscoe@contractor.nps.gov.

Janice Boscoe (617)242-5681

314760 x 06/05/2023

140P4323R0024

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

ACAD WILDWOOD BARN FLOOR

a. Please complete the following blocks on the Standard Form 1442, 14, 15, 16, 17, 18 and 19 if applicable, 20a, 20b, 20c, 30a, 30b AND 30c, as well the Contract

Line-Item Number's Unit Price.

b. Offerors must be registered and active in the System for Award Management (SAM), http://www.sam.gov, and have completed their Online Representations and

Certifications in SAM, in order to be eligible for award.

c. PLEASE READ ALL OF THE SF 1442, AND THE SOLICITATION, FOR REQUIRED SUBMISSIONS

WITH YOUR QUOTE.

d. The Government intends to award one firm fixed price Contract in response to this

Solicitation. Award is restricted to small businesses in accordance with Federal

Acquisition Regulation (FAR) 6.203 -- Full and Open Competition After Exclusion of

Sources, Set-asides for Small Business Concerns. under NAICS Code: 236220, Commercial and Institutional Building Construction [$45 million SBA Size Standard].

Continued ...

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.)

10 204 calendar days and complete it within ________________ ________________ calendar days after receiving

06/26/2023

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

NPS, NER - NE MABO

Boston National Historical Park

Charlestown Navy Yard Building I-1

PNN

Boston MA 02129-4543

Mark Barber

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 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P4323R0024

e. This Request for Proposal includes eight

Attachments.

f. The work consists of providing all labor, management, supervision, tools, materials, equipment, and transportation necessary to perform the project entitled Wildwood Barn Floor, located in Acadia National Park, Echo Lake

Visitor Center, Mount Desert Island, Maine.

(Hancock County).

g. Period of Performance is a total of 204 Days after receipt of the Notice to Proceed for the completion of Contract Line-Item Number 00010.

Please provide proposed price for Contract

Line-Item Number 00010 on the Standard Form 1442, and then provide the TOTAL of Contract Line Item

00010 on the Standard Form 1442.

h. Offerors shall submit proposals and questions to the email address as stated in Block 8 of this

RFP. Please remember to acknowledge solicitation amendments as stated in section "19" of this

Standard Form 1442, if applicable.

i. Bid Guarantee and Performance and Payment

Bonds are required for this Solicitation. In accordance with FAR Part 28.1 Bonds and Other

Financial Protection, and FAR Clause 52.228-1, a

Bid Guarantee is required. The Bid Guarantee shall be at least 20 percent of your proposed price. In accordance with FAR Part 28.102

Performance and Payment Bonds and alternative payment protections for construction contracts, and FAR Clause 52.228-15, Performance and Payment

Bonds are required.

j. The statement of magnitude in accordance with

FAR Clause 36.204 is between $250,000 and

$500,000.

k. All work performed under this contract shall be done in accordance with applicable Local, State, and Federal codes, bylaws and ordinances in effect at the time of this work.

l. Review complete project documents for the RFP

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P4323R0024 including all clauses and attachments listed in the project documents.

m. Electronic offers shall be accepted for this

RFP. Facsimile offers shall not be accepted.

Offers shall be emailed to

Janice_Boscoe@Contractor.nps.gov by the due date as stated in BLOCK 13 a. of the SF 1442.

Any question pertaining to this Solicitation must be submitted no later than 5 days prior to the proposal due date. Address questions to

Janice_Boscoe@contractor.nps.gov.

n. A Pre-offer conference is not planned.

o. A Site Visit has been scheduled for Tuesday, June 13, 2023, at 10:00 EST, participants will meet at Wildwood Stables, 21 Dane Farm Road, Mt.

Desert, Maine 04660.

Delivery: 05/06/2024

Delivery Location Code: 0009060045

NPS, Acadia Nat. Park

20 Mcfarland Hill Drive

Bar Harbor ME 04609 US

Period of Performance: 10/15/2023 to 05/06/2024

00010 ACAD REBUILD WILDWOOD BARN FLOOR

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

COR: Mr. Daniel Meggison

EMAIL: Daniel_Meggison@nps.gov

PHONE: (207) 288-8767

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P4323R0024

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

Solicitation 140P4323R0024, Current as of 05-31-2023 Point of Contact, Janice Boscoe, Janice_Boscoe@contractor.nps.gov

Request for Proposal 140P4323R0024

ACADIA NATIONAL PARK (ACAD) Replace Wildwood Stables Barn Floor

FY23

This is a request for proposal for construction prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Part 13 and Part 36, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation issued as Request for Proposal (RFP) 140P4323R0024. FAR clauses and provisions enclosed within this RFP are those in effect through Federal Acquisition Circular (FAC) 2023-03 and are available in full text through Internet access at http:// www.acquisition.gov/far/.

Type of Contract: Construction, Firm Fixed Priced (FFP), Single Award Contract

County: HANCOCK COUNTY

Type of Construction: BUILDING

Magnitude: Between $250,000 and $500,000

NAICS: 236220

Commercial and Institutional Building Construction

SIZE STD: $45M SET-ASIDE: Total Small Business Concerns

National Park Service -

CACO

Contract Specialist Contracting Officer (CO)

Name: Janice Boscoe Mark Barber

Email: Janice_Boscoe@contractor.nps.gov

Mark_Barber@nps.gov

TABLE OF CONTENTS

A – SOLICITATION/CONTRACT FORM Page 7

B – SUPPLIES OR SERVICES/PRICES Page 7

C – DESCRIPTION/SPECIFICATION Page 7

D – PACKAGING AND MARKING Page 7

E – INSPECTION AND ACCEPTANCE Page 7

F – DELIVERIES OR PERFORMANCE Page 7

G - CONTRACT ADMINISTRATION DATA Page 8

H – SPECIAL CONTRACT REQUIREMENTS Page 9

I - CONTRACT CLAUSES SECTION Page 13

J - LIST OF DOCUMENTS, EXHIBITS AND ATTACHMENTS Page 27

K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS Page 28

L– INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS Page 35

M – EVALUATION FACTORS FOR AWARD Page 40

A – SOLICITATION/CONTRACT FORM

Contractors to complete Standard Form 1442.

B – SUPPLIES OR SERVICES/PRICES

See Statement of Work herein incorporated by Attachment Number 001 in Section J and made part of this Request for Proposal.

DOL DBA WD ME20230008 04/07/2023 Hancock County, ME BLDG, Attachment Number 008, applies to this Request for Proposal.

C – DESCRIPTION/SPECIFICATION

See Statement of Work Attachment Number 001

D – PACKAGING AND MARKING

Not applicable

E – INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction Aug 1996

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 204 days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.242-14 Suspension of Work Apr 1984

Contract Work Hours Nov 2007

The performance period established for this contract is based upon all work being conducted during regular working hours between 7:00am and 4:00pm, 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 in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

The following Federal Legal Holidays are observed:

New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Juneteenth National Independence Day Labor Day Independence Day Veterans Day Columbus Day Christmas Thanksgiving Day

Period of Performance

Any administrative work can begin after receipt of the notice to proceed (NTP).

NTP will be issued upon receipt of acceptable bonding, insurance and required submittals.

All onsite work to be performed: will be completed within 204 days, from approximately October 15, 2023, through May 06, 2024.

G - CONTRACT ADMINISTRATION DATA

DOI Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) APR 2013

"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.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1) Company’s hard copy of invoice (paper requisition) for prior approval by the COR and CO.

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

3) Contractor Certification of Progress Payments (reference Invoice/Application/Requisition number and

PO/TO/Contract Number)

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

5) Progress Payment Certification

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 CCR) 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.

H – SPECIAL CONTRACT REQUIREMENTS

DIAR

1452.201-70

Authorities and Delegations Sep 2011

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

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

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

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

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

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

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

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

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

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

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the

Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

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.

1452.204-70

Release of Claims - Department of Interior Jul 1996

(a) 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.

1452.228-70

Liability Insurance - Department of the Interior Jul 1996

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

i. 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.

ii. General/Professional Liability Insurance: Bodily injury liability insurance minimum amount of

$1,000,000 per occurrence.

iii. Automobile Liability Insurance: 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 automobiles used in connection with performing the contract. The minimum limits of $250,000 per person and $500,000 per occurrence for bodily injury and $250,000 per occurrence for property damage shall be required.

(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.

1452.236-70

Prohibition Against Use of Lead-based paint Jul 1996

Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

Preservation of Historical and Archeological Data Nov 2007

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) The Contractor agrees to insert this paragraph in all subcontracts that involve the performance of work on the terrain of the site.

Alternate 1:

Insert the following paragraph (f) if the work is being performed on tribal lands:

(f) If the discovery occurs on tribal lands, the Contractor shall immediately orally notify the responsible tribal official and the Contracting Officer and follow with written confirmation within 2 days to the responsible tribal official and the Contracting Officer. The contact information for the tribal official may be obtained at:

http://web.cast.uark.edu/other/nps/nacd.

Agency Protests

(a) Interested parties may request an independent review at a level above the Contracting Officer of protests filed directly with the agency. This review is available as an alternative to consideration of the protest by the Contracting Officer or as an appeal of the Contracting Officer's response to the protest. An interested party may:

(1) Protest to the Contracting Officer;

(2) Protest directly to the Bureau Procurement Chief without first protesting to the Contracting Officer; or

(3) Appeal a contracting officer’s decision to the Bureau Procurement Chief.

(b) Requests for Bureau Procurement Chief review should be addressed to:

National Park Service Bureau Procurement Chief 200 Chestnut Street Philadelphia, PA 19106

(c) Requesting independent agency review will not extend the Government Accountability Office’s (GAO’s) timeliness requirements. Any subsequent protest to the GAO must be filed within ten days of knowledge of initial adverse agency action (see 4 CFR 21.2(a)(3).)

(End of Clause)

DOI Prohibition of All Terrain Vehicles (ATV)s

The contractor is prohibited from utilizing All-Terrain Vehicles (ATV)s on National Park Service lands. ATV is defined as: A motorized off-highway vehicle (OHV) traveling on four or more low-pressure tires, having a seat to be straddled by the operator and a handlebar for steering control.

Use of Utility Terrain Vehicles (UTVs) are permitted. UTV (also called a side-by-side) is defined as: A motorized OHV having four or more low pressure tires, designed with side-by-side seats, seatbelts, steering wheel, and optional cab, brush cage, or

ROPS.

Working in a Federal building or federally controlled indoor workspaces

In order to take steps to prevent the spread of COVID-19 and to protect the health and safety of all Federal employees, onsite contractors, visitors to Federal buildings or Federally controlled indoor workspaces, and other individuals interacting with the Federal workforce, employees under the subject contract who are required to work on site in Federal buildings or Federally controlled indoor worksites must comply with requirements located at https://www.saferfederalworkforce.gov/overview/.

Contract Administration

Contracting Officers, Contract Specialists and Contracting Officer’s Representative(s) are stated below.

Contracting Officer: Mark Barber Email: Mark_Barber@nps.gov

Contracting Specialist: Janice Boscoe Email: Janice_Boscoe@contractor.nps.gov

Contracting Officer Representative: Daniel Meggison Email: Daniel_Meggison@nps.gov

Construction Contract Administration

Federal Acquisition Regulation (FAR) 36.211(b) requires agencies provide description of policies and procedures that apply to definitization of equitable adjustments for change orders under construction contracts and data on the time required to definitize equitable adjustments for change orders under construction contracts. This information can be found at:

https://www.doi.gov/pam/acquisition/policy/constructioncontract.

I - CONTRACT CLAUSES SECTION

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 or provision may be accessed electronically at this/these address(es): ): https://www.acquisition.gov or https://www.acquisition.gov/DIAR.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions 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

52.209-6 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

52.215-21

ALT IV

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications

Nov 2021

52.219-28 Post-Award Small Business Program Representation Mar 2023

52.222-3 Convict Labor Jun 2003 52.222-6 Construction Wage 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 Requirements 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

52.222-26 Equal Opportunity Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015 52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020 52.222-50 Combating Trafficking in Persons Nov 2021 52.222-54 Employee Eligibility Verification May 2022 52.222-55 Minimum Wages Under Executive Order 13658 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 52.223-6 Drug-Free Workplace May 2001

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

Jun 2016

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

Aug 2018

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

52.223-20 Aerosols Jun 2016

52.227-1 Authorization and Consent Jun 2020

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

52.232-5 Payments under Fixed-Price Construction Contracts May 2014

52.232-23 Assignment of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts Jan 2017

52.232-33 Payment by Electronic Funds Transfer - System for Award Management Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023 52.233-1 Disputes May 2014 52.233-3 Protest after Award Aug 1996 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 1994 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

52.236-14 Availability and Use of Utility Services Apr 1984

52.236-15 Schedules for Construction Contracts Apr 1984 52.236-17 Layout of Work Apr 1984 52.236-21 Alt I

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

52.245-1 Government Property Sep 2021

52.246-21 Warranty of Construction Mar 1994

52.249-2 Alt I

Termination for Convenience of the Government (Fixed-Price). Apr 2012

52.249-10, Alt I

Default (Fixed-Price Construction) Apr 1984

52.213-4 Terms and Conditions - Simplified Acquisition (Other Than Commercial Products and Commercial Services)

Mar 2023

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(ix) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C.3553).

(x) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108–77 and 108–78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984). See 52.232-5.

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.233-1, Disputes (May2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (MAR 2023).

(viii) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (Jun 2020) (41 U.S.C.Chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) (29 U.S.C.793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.Chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii)(A) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C.Chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1:

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components.

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post acceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

52.219-6 Notice of Total Small Business Set-Aside Nov 2020

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties’ control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405- 5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

52.225-09 Buy American Act - Construction Material Oct 2022

(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 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.

Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S.

supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency.

The list of critical items is at FAR 25.105.

“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-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. 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…