Sol_140P5123Q0034.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)

0040624217

NPS SER EAST MABO

100 Alabama St., SW

1924 Building Atlanta GA 30303-8701

PSE

Edward Dingle (404)5075747

106/17/2023

140P5123Q0034

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

SITE LOCATION: Martin Luther King, Jr. National Historical Park 450 Auburn Avenue, NE Atlanta, GA 30312.

PROJECT TITLE: Provide all material, labor, and supervision is to repair and repave the parking lots at Ebenezer Baptist Church and Fire Station. The paving has been in place for nearly 20 years which is beyond the life cycle for asphalt. The work shall consist of applying a preventive maintenance action to the parking lot surface that includes minor spot repairs (patching), crack sealing and the application of a surface seal or non-structural overlay at Martin Luther King, Jr. National Historic

Site Atlanta, Georgia per the specification, drawings, and other supporting documents.

Project Magnitude: The magnitude of this project is $25,000.00 to $100,000.00.

The NAICS code is 237310; Highway, Street, and Bridge Construction with a small business size of $45,000,000.00. The PSC is Z2LB; Repair Or Alteration Of

Highways/roads/streets/bridges/railways.

Type of Contract: Firm Fixed Price Contract.

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

FAR 52.211-10

07/17/2023

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 SER EAST MABO

100 Alabama St., SW

1924 Building Atlanta GA 30303-8701

PSE

Edward Dingle

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 83

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5123Q0034

In accordance with FAR Part 28, performance and payment bonds are required at 100% of the contract price and must be submitted within ten

(10) days of receiving the award.

A certificate of insurance is required, and coverage must be at a minimum of: $100,000 per person; $500,000 per occurrence; and $1,000,000 per property and must be submitted within 10 calendar days of receipt of the award.

Davis Bacon prevailing wages for Fulton County, Georgia will apply for this requirement See attachment 0002 or GA20230247 on WDOL.gov.

COR for this project is:

Shall be announced at award.

Delivery: 10/24/2024

Delivery Location Code: 0009060274

NPS, Martin Luther King Jr.

National Historic Site

450 Auburn Avenue, NE

Atlanta GA 30312-1504 US

Period of Performance: 07/31/2023 to 10/31/2023

00010 The project purpose is to repair and repave the parking lots at Ebenezer Baptist Church and Fire

Station. The paving has been in place for nearly

20 years which is beyond the life cycle for asphalt. The work shall consist of applying a preventive maintenance action to the parking lot surface that includes minor spot repairs

(patching), crack sealing and the application of a surface seal or non-structural overlay at

Martin Luther King, Jr. National Historic Site per the attached statement of work (SOW).

Product/Service Code: Z2LB

Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Period of Performance: 07/24/2023 to 10/24/2024

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

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION A –SF 1442 (Solicitation/Contract Form) SECTION B –Supplies or Services and Price Cost (See SF 1442 (block 17 for offer) SECTION C --Specifications ................Work and Schedule Considerations… SECTION D-Packaging and Marking ................Postage and Markings SECTION E -- Inspection and Acceptance .............. Inspection of Construction… ...............Warranty of Construction… SECTION F -- Deliveries or Performance ...............Commencement, Prosecution, and Completion of Work… ...............Suspension of Work… SECTION G -- Contract Administration Data ...............Contract Administration… ...............Authorities & Delegations (subcontracting & Site Administration)… SECTION H -- Special Contract Requirements ...............EO – Prohibition of Text Messaging while Driving… ...............Progress Meetings… ...............Operation of Facility during Construction… ...............Contractor Employees…

PART II – CONTRACT CLAUSES

SECTION I -- Contract Clauses ...............Clauses by Reference… ...............Release of Claims - Department of Interior… ...............Liability Insurance - Department of Interior… ................System for Award Management… ...............Accident Prevention… ...............Specifications and Drawings for Construction…

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – List of Attachments ............... Specifications (Attachment 1)… ............... Wage Determination (Attachment 2)… ............... Bid Schedule (Attachment 3)… ............... Past Performance Questionnaire (Attachment 4)… …………Site-Visit Information (5)………………….……………………………………………...61 ............... Construction Contract Administration (Attachment 6)…

PART IV – REPRESENTATIONS AND INSTRUCTIONS

Section K - Representations, Certifications, and Other Statements of Offerors ................Representations, Certifications… SECTION L -- Instructions, Conditions and Notices to Bidders ................Site Visit (Construction)… ................Instruction to Offerors for Quote Submission… SECTION M -- Evaluation Factors for Award ................Evaluation Factors for Award…

Section A: Solicitation/contract form

SITE LOCATION: The project site is located at Martin Luther King, Jr. National Historical Park 450 Auburn Avenue, NE Atlanta, GA 30312.

PROJECT TITLE: Provide all material, labor, and supervision is to repair and repave the parking lots at Ebenezer Baptist Church and Fire Station.

The paving has been in place for nearly 20 years which is beyond the life cycle for asphalt. The work shall consist of applying a preventive maintenance action to the parking lot surface that includes minor spot repairs (patching), crack sealing and the application of a surface seal or non-structural overlay at Martin Luther King, Jr. National Historic Site Atlanta, Georgia per the specifications.

NOTICE TO PROSPECTIVE OFFEROR’S

SUBMISSION OF DOCUMENTS: Your offer must include the following Sections and Forms:

SF-1442, SOLICITATION, OFFER AND AWARD. PLEASE NOTE: The SF-1442 must be signed, and dated, and Blocks 14 through 20c must be completed.

SF-1442, ITEM 17, Offeror is cautioned to review acceptance time stated in Item 13d before completing this item. Quotes offering less than specified time will cause the quote to be rejected.

SECTION B, Price Schedule (All Pricing shall be submitted with attachment 0003 and not on Standard Form 1442 (SF 1442))

SECTION K, REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SUBMIT AN OFFER TO THE FOLLOWING ADDRESS:

OFFERS SHALL BE SUBMITTED VIA EMAIL ONLY TO: edward_dingle@nps.gov

This project’s magnitude is between $25,000 and $100,000.

PERFORMANCE/PAYMENT BONDS - Successful offeror will be required to furnish Performance and Payment bonds on Standard Forms 25 and 25A based on total contract amounts in the following ranges: 100% performance bond, 100% payment bond.

Offerors understand that the Government will inspect, accept, and possess the completed work and release the bonding when the work is completed and accepted under FAR 28.203-5.

There will be a site visit scheduled on 26 June 2023 at 10:00 A.M. Eastern Time.

All questions regarding this solicitation must be submitted in writing to the Contracting Officer. Questions must be submitted by 29 June 2023 at 1:00 P.M. Eastern Time. Questions submitted after this time may NOT be considered.

Quotes are due on 17 July 2023 at 1:00 P.M. Eastern Time.

mailto:edward_dingle@nps.gov

Section B – Price Schedule

The Contractor should provide all material, labor, and supervision is to repair and repave the parking lots at Ebenezer Baptist Church and Fire Station. The paving has been in place for nearly 20 years which is beyond the life cycle for asphalt. The work shall consist of applying a preventive maintenance action to the parking lot surface that includes minor spot repairs (patching), crack sealing and the application of a surface seal or non-structural overlay at Martin Luther King, Jr. National Historic Site Atlanta, Georgia per the specifications.

NOTE: PLEASE PROVIDE A DETAILED COST BREAKOUT OF YOUR LUMP SUM PRICE QUOTEWITH

ATTACHMENT 0003 TO INCLUDE ALL COSTS ASSOCIATED WITH YOUR QUOTE.

Section C – Specifications/Drawings

C.1 The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified). To perform to the Specifications, included as Attachment 0001, per the Specifications Documents:

Attachment 0001 – Specifications

All provisions, clauses, terms, and conditions in specifications and the Solicitation and Contract apply with equal force and binding effect, and contractor is expected to comply with same throughout the specified performance period and any extension, if granted.

Section D – Packaging and Marking

D.1 Payment of Postage and Fees

The Contractor shall pay all postage and fees related to submitting documents to the Contracting Officer (CO) or the Contracting Officer’s Representative (COR).

D.2 Marking

All documents submitted to the CO or COR shall clearly indicate the Contract Number of the contract for which the information is being submitted.

Section E – Inspection and Acceptance

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clauses at FAR 52.252-2 CLAUSES INCORPORTATED BY REFERENCE in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

Number Title 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements AUG 1996

E.2 FAR 52.246-12 Inspection of Construction AUG 1996

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

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

(c) Government inspections and tests are for the Government’s sole benefit of and do not—

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the CO shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was delayed, an extension of time.

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

(End of clause)

E.3 52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government owned or controlled real or personal property, when that damage is the result of

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(c) The CO shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall–

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be signed, in writing, for the benefit of the Government, if directed by the CO; and

(3) Enforce all warranties for the benefit of the Government, if directed by the CO.

(h) If the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that result from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

Section F – Deliveries or Performance

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APR 1984

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

Alternate I (Apr1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by Thirty (30) calendar days after receipt of award. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F.2 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984

The Contractor shall perform on the site, and with its own organization, work equivalent to at least thirty percent (30%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction, and the CO determines that the reduction would be to the advantage of the Government.

F.3 52.242-14 SUSPENSION OF WORK APR 1984

(a) The CO may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the CO determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the CO in the administration of this contract, or (2) by the CO’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed–

(1) For any costs incurred more than 20 days before the Contractor shall have notified the CO in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

Section G – Contract Administration Data

G.1 Contracting Officer’s Representative(s) for this contract will be:

To Be Determined at time of Award

G.2 Contract Officer responsible for administering this contract:

Edward Dingle, Jr.

Contracting Officer National Park Service 100 S.W. Alabama Street Atlanta, Georgia 30303 Work: (404) 507-5747 edward_dingle@nps.gov

G.3 TECHNICAL DIRECTION

The performance of the work required in this contract shall be subject to the COR’s or his or her designee’s technical direction and surveillance. As used in this contract, “technical direction” is direction to the Contractor which requires pursuit of certain lines of inquiry, filing in details or otherwise serving to accomplish the contract specifications. The technical direction, to be valid:

(a) Must be issued in writing consistent with the general scope of the work stated in the contract;

(b) May not constitute a new assignment of work changes to the expressed terms, conditions, or specifications incorporated into this contract;

I Shall not constitute a basis for extension of the contract delivery schedule.

Nothing contained in this part authorizes the Contractor to incur costs in excess of the contract price or other limitation of funds stated in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless before commencing such work, the Contractor: 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.

G.4 CORRESPONDENCE

Any correspondence initiated by the Contractor shall include the Contract Number and shall be addressed to the CO (original and one copy) at the address provided in the clause entitled “Contractor Administration”.

G.5 CONTRACT PAYMENTS

The Contractor shall submit invoices to the CO for the percentage of work completed. The Contractor and COR at the site must agree on the percentage of work completed.

G.6 JOB SITE ADMINISTRATION

The COR will be available at the site to inspect the work as it progresses. The COR is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor’s Superintendent must contact the COR regarding such decisions and directions.

The Contractor shall have a competent superintendent (the Contractor’s Superintendent) who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor’s behalf; and (iii) to be present on the job site at all times when contract work is being performed.

mailto:edward_dingle@nps.gov

G.7 PAYROLL RECORDS

The Prime Contractor is responsible for furnishing the CO with one (copy of the Weekly Payroll Form WH-347 or equivalent) to include payroll records for his or her subcontractor’s. Payroll records shall be submitted in 7 days after the payroll period closes and numbered in consecutive order. The Prime Contractor shall review all subcontractors’ payroll and ensure that all employees are paid under the Wage Determination, which is a part of this contract.

The Prime Contractor shall ensure that compliance is met. The Contractor is subject to the Wage and Hour Department, U.S.

Department of Labor.

G.8 SUBCONTRACTING

The Prime Contractor shall complete a Standard Form (SF1413) for each subcontractor and submit the form to the CO. No subcontractor shall be allowed on the site without a signed SF 1413. The Prime shall be held responsible for ensuring that his or her subcontractor’s DO NOT subcontract any portion of this work. The Prime Contractor is responsible to ensure that all subcontractors carry sufficient insurance under this contract.

G.9 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.

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;

(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.

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

(1) Promise, award, agree to award, or sign 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; 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)

Section H – Special Contract Requirements

H.1 Executive Order 13513 Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government While Driving as prescribed in Federal Leadership on Reducing Text Messaging While Driving.

Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving (Oct 2009)

This Executive Order introduces a Federal Government-wide Prohibition on the use of text messaging while driving on official business or while using Government–supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or –rented vehicles, government-owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on the behalf of the government.

(End of order)

H.2 GENERIC GENDER TERMINOLOGY

Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as “it” or “their”.

H.3 SAFETY

The Contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Occupational Safety and Health Act (OSHA) or Federally approved State equivalent(s); the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA) and Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

H.4 PROGRESS MEETINGS

(a) The Contractor shall be available to meet with the CO or his or her representative at the job site during construction to discuss work progress.

(b) Meetings will be scheduled by the CO with timely notification to the Contractor.

At the progress meetings, the Contractor shall give the CO progress reports on the project. If the work is behind schedule, the Contractor must (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule; or, if necessary (iii) to propose a revised work schedule.

H.5 Payrolls

The Contractor must furnish copies of his weekly payrolls to the CO. Payroll submission is required weekly, 7 calendar days after close of payroll period.

H.6 OPERATION OF FACILITY DURING CONSTRUCTION

Construction activities must not interrupt the facility’s function and day-to-day operations during construction. Contractor must coordinate with the COR for any temporary measures. All temporary measures employed shall be at the Contractor’s expense and shall be removed upon completion of the contract.

H.7 WORK HOURS

Normal work hours are from 7:30 a.m. through 4:00 p.m., Monday through Friday. Contractor will not be permitted to work at the job site on Saturday, Sunday, or legal holidays unless the CO authorizes otherwise.

H.8 USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened, or operated on Government land or lands administered by the Government, written permission shall be obtained through the CO. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for Contractor. Such permission, if granted, will be without charge to Contractor.

(b) Unless provided otherwise, the Contractor shall provide and maintain sanitation facilities for the workforce at the site. Solid waste shall be disposed of under applicable federal, state, and local regulations.

H.9 MAXIMUM WORK WEEK

The maximum workweek that will be approved is 40 hours. The Contractor’s proposed hours of work are to include daily starting and stopping times.

H.10 EXCAVATION AND UTILITY CLEARANCES

The Chief of Maintenance, for each park, shall ensure that the Contractor is provided with necessary excavation and utility clearances. The Contractor shall request such clearances and staking in writing to the CO no less than ten calendar days before the date which she or he anticipates commencement of work. Contractor will not proceed with excavation of any kind until such clearances have been issued. Clearances will be valid from the date of issue or completion of, or otherwise directed by the issuing authority.

H.11 DISPOSAL

Contractor will dispose debris, rubbish, and non-usable material resulting from under this contract in a manner that meets federal, state, and local law.

H.12 CONTRACTOR EMPLOYEES

a) The Contractor will dispose all debris, rubbish and non-useable material from the site and all federal property in a manner that meets federal, state, county, and local laws.

b) The Contractor shall furnish sufficient personnel to perform, supervise and manage all work.

c) The Contractor employees shall conduct themselves in a proper, efficient, courteous, and business-like manner.

d) The Contractor shall remove from the site any individual whose continued employment the CO deems to be contrary to public interest or inconsistent with the policies of the National Park Service.

H.13 PERMITS

Contractor shall, without additional expense to the government, obtain all appointments, licenses, and permits required to perform work under this contract. Contractor will provide evidence of all permits and licenses to the CO before the work commences and will always display them on the job site.

H.14 QUALITY OF WORK

Workmanship shall be of the highest quality and the best trade practices. Contractor shall conform to all requirements of the state and county code, ANSI A 10.6, and applicable codes of the National Fires Protection Association. All replacement materials shall conform to the manufacturer specifications and standards. Substitute items shall be equal to or better that the original material and must be approved by the Government.

H.15 COMPLETION OF WORK

The time stated for completion of the project includes all materiel procurement, payroll records, corrections of all discrepancies (Punch List Items), and final clean up on premises as stated in the clause “Commencement, Prosecution and Completion of Work”, FAR 52.211-10 (APR 1984) Section F.

H.16 MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the clause entitles “Materials and Workmanship”, FAR 52.236-5 (APR 1984), Section I, shall be submitted to the CO through the COR in five (5) copies. The Denver Service Center Form (DSC-1) entitled “Transmittal USDI, National Park Service”, shall be used. Contractor shall re-submit any disapproved submittals in 7 calendar days of disapproval.

H.17 ARCHEOLOGICAL FINDINGS

Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found within the construction area, are the property of and will be removed and only by the Government.

Should Contractor’s operations uncover, or his or her employees find any archeological remains, Contractor shall suspend operations at the site of discovery; notify CO immediately of the findings; and continue operation in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for the contractor, he or she will be compensated by an equitable adjustment under the General Provision of the Contract.

H.18 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Internet Payment Platform

(IPP) APRIL 2013

Payment requests must be submitted electronically through the U. S. Department of the Treasury’s Invoice Processing Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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

The contractor must submit to the CO and the COR the payroll for the general contractor and any applicable sub-contractors and an updated schedule.

The contractor must us 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 instruction via email from the Federal Reserve Bank of Boston (FRBB) before the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone

(866) 973-3131.

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

(End of Local Clause) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

H.19 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 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.

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. The report information must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) (Past Performance Points of Contact) 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 http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for Online Training for Contractor Representatives, and a practice application may be found at this site.

5) Within 60 days after a performance period ends, the CO will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/.

a) Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment.

b) Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance.

c) In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government.

e) If you do not sign and submit the CPAR within 30 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.”

f) Your response is due within 30 calendar days after receipt of the CPAR.

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 30-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 Clause) http://www.cpars.csd.disa.mil/ http://www.cpars.csd.disa.mil/

SECTION I – CONTRACT CLAUSES

I.1 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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet/far.gov

Clause Title Date 1452.203-70 Restriction on Endorsements Jul 1996 1452.215-70 Examination of Records by the Department of the Interior Apr 1984 1452.224-1 Privacy Act Notification (July 1996) Deviation Jul 1996 1452.236-70 Prohibition Against Use of Lead-based Paint Jul 1996 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

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

Jun 2020

52.203-16 Preventing Personal Conflicts of Interest 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 or statements

Jan 2017

52.204-1 Approval of Contract Dec 1989 52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011 52.204-8 Annual Representations and Certifications Mar 2023 52.204-9 Personal Identify 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 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems Nov 2021

52.204-22 Alternative Line Item Proposal Jan 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Nov 2021

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

Nov 2021

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

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Oct 2018

Responsibility Matters 52.209-12 Certification Regarding Tax Matters Oct 2020 52.215-2 Audit and Records–Negotiation Jun 2020 52.215-6 Place of Performance Oct 1997 52.215-8 Order of Precedence–Uniform Contract Format Oct 1997 52.215-10 Price Reduction for Defective Cost or Pricing Data Aug 2011 52.215-12 Subcontractor Certified Cost or Pricing Data Jun 2020 52.216-23 Execution and Commencement of Work Apr 1984 52.216-24 Limitation of Government Liability Apr 1984 52.216-25 Contract Definitization Oct 2010 52.216-25 Contract Definitization – Alternate 1 Apr 1984 52.219-4 Notice of Price Evaluation Preference for HUBZone

Small Business Concerns Oct 2022

52.219-6 Notice of Total Small Business Set-Aside Nov 2020 52.219-8 Utilization of Small Business Concerns Oct 2022 52.219-9 Small Business Subcontracting Plan Oct 2022 52.219-14 Limitations on Subcontracting Oct 2022 52.219-28 Post-Award Small Business Program Rerepresentation Mar 2023 52.222-1 Notice to the Government of Labor Disputes Feb 1997 52.222-3 Convict Labor Jun 2003 52.222-6 Construction Wage Rate Requirements Aug 2018 52.222-9 Apprentices and Trainees Jul 2005 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination-Debarment May 2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-16 Approval of Wage Rates May 2014 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction Feb 1999

52.222-26 Equal Opportunity Sept 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction Apr 2015

52.222-35 Equal Opportunity for Veterans Jun 2020 52.222-36 Affirmative Action for Workers with Disabilities Jun 2020 52.222-37 Employment Reports on Veterans Jun 2020 52.222-50 Combat Trafficking in Persons Nov 2021 52.222-54 Employment Eligibility Verification May 2022 52.222-55 Minimum Wages Under Executive Order 13658 Jan 2022 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan Oct 2020

52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2022 52.223-3 Hazardous Material Identification and Material Safety

Data Feb 2021

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

52.223-6 Drug-Free Workplace May 2001 52.223-10 Waste Reduction Program May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving Jun 2020

52.225-9 Buy American – Construction Materials Oct 2022 52.225-10 Notice of Buy American Act Requirement – Construction

Materials May 2014

52.225-13 Restrictions on Certain Foreign Purchases Feb 2021 52.227-4 Patent Indemnity-Construction Contracts Dec 2007 52.228-2 Additional Bond Security Oct 1997 52.228-5 Insurance – Work on a Government Installation Jan 1997 52.228-11 Individual Surety - Pledges of Assets Feb 2021 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 52.232-16 Progress Payments Nov 2021 52.232-17 Interest May 2014 52.232-23 Assignment of Claims May 2014…