Sol_140P5222B0002.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)

0040568251

NPS, SER - West MABO

2680 Natchez Trace Parkway

Tupelo MS 38804

PSW

GULF ISLANDS NATIONAL SEASHORE

PARK HEADQUARTERS - ATTN: CONTRACTING OFFICER

1801 GULF BREEZE PARKWAY

GULF BREEZE FL, 32563

Evans Ward 850-934-2614

PMIS 182502

x

06/14/2022

140P5222B0002

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

PROJECT TITLE: Cyclic Asphalt Overlay Recreational and Administrative Roads

PROJECT LOCATION: Gulf Islands National Seashore, Ocean Springs, Mississippi

PROJECT DOCUMENTS:

1) STATEMENT OF WORK, 19-Pages, July 2021, Revised 06/14/2022 (IBA 1)

2) WAGE DETERMINATION MS20220135, 5-Pages, MOD 1 02/25/2022 (IBA 2)

3) PARK MAP, 4-Pages (IBA 3)

4) FP-14 SPECS, 763 Pages, 06/04/2020 (IBA 4)

NAICS Code: 237310 - Highway, Street, and Bridge Construction

SET-ASIDE: Total small business (see notice in clause 52.219-6)

SIZE STANDARD: $39.5 in millions of dollars

METHOD OF CONTRACTING: IAW FAR PART 14 - SEALED BIDDING

SUBMISSION OF BIDS: Bidders must submit sealed bids to address in Block 8 of SF 1442.

EVALUATION OF BIDS: Bids shall be evaluated without discussions.

CONTRACT AWARD: The Government will make award IAW SECTION L-12 52.214-19 CONTRACT

AWARD-SEALED BIDDING-CONSTRUCTION, L-13 52.214-21 DESCRIPTIVE LITERATURE and L-17

52.228-1 BID GUARANTEE provisions, along with other considerations such as price and price-related factors in SECTION M.

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

5 120 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F Clause 52.211-10

07/14/2022

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

DOI, NPS, SER - GUIS Admin. Office 1801 Gulf Breeze Parkway

Gulf Breeze FL 32563

SW1

Evans Ward

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5222B0002

Est. price range is between $250,000 and $500,000

Delivery: 06/18/2022

Delivery Location Code: 0009060348

NPS, Gulf Islands NS

3500 Park Road

Ocean Springs MS 39564-9709 US

00010 ASPHALT PAVEMENTS AND SURFACE TREATMENTS

1) DAVIS BAYOU AREA CAMPGROUND

2) DAVIS BAYOU BOAT LAUNCH

3) DAVIS BAYOU GOV'T BOAT DOCK AND

4) MAINTENANCE COMPOUND SIDE ROADS-PARKING LOTS

WORK SHALL COMPLY WITH STANDARD SPECIFICATIONS

AND STATEMENT OF WORK REQUIREMENTS AND CONTRACT

DOCUMENTS

Product/Service Code: Y1LB

Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Period of Performance: 08/01/2022 to 11/30/2022

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

Sponsored by GSA

FAR (48 CFR) 53.110

Section A - Solicitation/Contract Form A-1 Clauses SF 1442 Solicitation, Offer, and Award (Construction, Alteration or Repair)

Section B - Supplies or Services/Prices B-1 Clauses

Section C - Description/Specifications C-1 Clauses

Section E - Inspection and Acceptance E-1 Clauses E-2 52.246-12 Inspection of Construction. (AUG 1996)

Section F - Deliveries or Performance F-1 Clauses F-2 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) F-3 52.236-15 Schedules for Construction Contracts. (APR 1984) F-4 52.242-14 Suspension of Work. (APR 1984)

Section H - Special Contract Requirements H-1 Clauses H-2 52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction.

(FEB 1999)

Section I - Contract Clauses I-1 Clauses I-2 52.203-3 Gratuities. (APR 1984) I-3 52.203-5 Covenant Against Contingent Fees. (MAY 2014) I-4 52.203-7 Anti-Kickback Procedures. (JUN 2020) I-5 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) I-6 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) I-7 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) I-8 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (JUN 2020) I-9 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) I-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) I-11 52.204-12 Unique Entity Identifier Maintenance. (OCT 2016) I-12 52.204-13 System for Award Management Maintenance. (OCT 2018) I-13 52.204-14 Service Contract Reporting Requirements. (OCT 2016) I-14 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) I-15 52.204-22 Alternative Line Item Proposal. (JAN 2017) I-16 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) I-17 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) I-18 52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986) I-19 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020) I-20 52.219-8 Utilization of Small Business Concerns. (OCT 2018) I-21 52.219-14 Limitations on Subcontracting. (SEP 2021) I-22 52.222-3 Convict Labor. (JUN 2003) I-23 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018) I-24 52.222-6 Construction Wage Rate Requirements. (AUG 2018) I-25 52.222-7 Withholding of Funds. (MAY 2014) I-26 52.222-8 Payrolls and Basic Records. (JUL 2021) I-27 52.222-9 Apprentices and Trainees. (JUL 2005) I-28 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988) I-29 52.222-11 Subcontracts (Labor Standards). (MAY 2014) I-30 52.222-12 Contract Termination - Debarment. (MAY 2014) I-31 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) I-32 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) I-33 52.222-15 Certification of Eligibility. (MAY 2014) I-34 52.222-21 Prohibition of segregated facilities. (APR 2015) I-35 52.222-26 Equal Opportunity. (SEP 2016)

I-36 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) I-37 52.222-37 Employment Reports on Veterans. (JUN 2020) I-38 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) I-39 52.222-50 Combating Trafficking in Persons. (NOV 2021) I-40 52.222-54 Employment Eligibility Verification. (NOV 2021) I-41 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (JAN 2022) I-42 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 15 I-43 52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021) - Alternate I (JUL 1995) I-44 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) I-45 52.223-6 Drug-Free Workplace. (MAY 2001) I-46 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN 2016) I-47 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (JUN 2020) I-48 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) I-49 52.227-1 Authorization and Consent. (JUN 2020) I-50 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) I-51 52.228-2 Additional Bond Security. (OCT 1997) I-52 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) I-53 52.228-11 Individual Surety-Pledge of Assets. (FEB 2021) I-54 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) I-55 52.228-14 Irrevocable Letter of Credit. (NOV 2014) I-56 52.229-3 Federal, State, and Local Taxes. (FEB 2013) I-57 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) I-58 52.232-17 Interest. (MAY 2014) I-59 52.232-23 Assignment of Claims. (MAY 2014) I-60 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) I-61 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018) I-62 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) I-63 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021) I-64 52.233-1 Disputes. (MAY 2014) I-65 52.233-3 Protest After Award. (AUG 1996) I-66 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) I-67 52.236-2 Differing Site Conditions. (APR 1984) I-68 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) I-69 52.236-5 Material and Workmanship. (APR 1984) I-70 52.236-6 Superintendence by the Contractor. (APR 1984) I-71 52.236-7 Permits and Responsibilities. (NOV 1991) I-72 52.236-8 Other Contracts. (APR 1984) I-73 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) I-74 52.236-10 Operations and Storage Areas. (APR 1984) I-75 52.236-11 Use and Possession Prior to Completion. (APR 1984) I-76 52.236-12 Cleaning Up. (APR 1984) I-77 52.236-13 Accident Prevention. (NOV 1991) I-78 52.236-14 Availability and Use of Utility Services. (APR 1984) I-79 52.236-21 Specifications and Drawings for Construction. (FEB 1997) I-80 52.236-26 Preconstruction Conference. (FEB 1995) I-81 52.242-13 Bankruptcy. (JUL 1995) I-82 52.243-4 Changes. (JUN 2007) I-83 52.244-6 Subcontracts for Commercial Products and Commercial Services. (JAN 2022) I-84 52.246-21 Warranty of Construction. (MAR 1994) I-85 52.248-3 Value Engineering - Construction. (OCT 2020) I-86 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) I-87 52.249-10 Default (Fixed-Price Construction). (APR 1984) I-88 52.251-1 Government Supply Sources. (APR 2012) I-89 52.253-1 Computer Generated Forms. (JAN 1991) I-90 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021) I-91 52.222-35 Equal Opportunity for Veterans. (JUN 2020) I-92 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020)

I-93 52.225-9 Buy American - Construction Materials. (NOV 2021) I-94 52.228-15 Performance and Payment Bonds - Construction. (JUN 2020) I-95 52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991) I-96 52.252-2 Clauses Incorporated by Reference. (FEB 1998) I-97 52.252-6 Authorized Deviations in Clauses. (NOV 2020)

Section J - List of Documents, Exhibits and Other Attachments J-1 List of Documents, Exhibits, and Other Attachments J-2 Clauses

Section K - Representations, Certifications, and Other Statements of Bidders K-1 Clauses K-2 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) K-3 52.204-8 Annual Representations and Certifications. (JAN 2022)

Section L - Instructions,Conditions, and Notices to Bidders L-1 Clauses L-2 52.204-7 System for Award Management. (OCT 2018) L-3 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020) L-4 52.214-3 Amendments to Invitations for Bids. (DEC 2016) L-5 52.214-4 False Statements in Bids. (APR 1984) L-6 52.214-5 Submission of Bids. (DEC 2016) L-7 52.214-6 Explanation to Prospective Bidders. (APR 1984) L-8 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. (NOV 1999) L-9 52.214-18 Preparation of Bids - Construction. (APR 1984) L-10 14.408-2 Responsible bidder - reasonableness of price L-11 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions. (JUN 1988) L-12 52.211-4 Availability for Examination of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions. (JUN 1988) L-13 52.214-19 Contract Award - Sealed Bidding - Construction. (AUG 1996) L-14 52.214-21 Descriptive Literature. (APR 2002) - Alternate I (JAN 2017) L-15 52.216-1 Type of Contract. (APR 1984) L-16 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) L-17 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014) L-18 52.228-1 Bid Guarantee. (SEP 1996) L-19 52.233-2 Service of Protest. (SEP 2006) L-20 52.236-27 Site Visit (Construction). (FEB 1995) L-21 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) L-22 52.252-5 Authorized Deviations in Provisions. (NOV 2020)

Section M - Evaluation Factors for Award M-1 Clauses

Section A - Solicitation/Contract Form A-1 Clauses

BID FORM

SF 1442 Solicitation, Offer, and Award (Construction, Alteration or Repair)

BIDDER or OFFEROR must fully complete Block 14 thru 20 (c).

Enter SAM UEI in Block 14 to the right of FACILITY CODE.

Bids must be-

(1) Submitted on the forms furnished by the Government or on copies of those forms, and

(2) Manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

Contractor's signature.

Name, title, and signature of person authorized to sign the bid; (see FAR 4.102)

Return executed BID FORM with bid response.

Section B - Supplies or Services/Prices B-1 Clauses

BID SCHEDULE

Each Bid item shall include all cost for materials, labor, expenses, fees, and taxes plus permitting costs, overhead and profit associated with each bid item to construct the following areas of work in accordance with the contact documents.

BID

ITEM BID ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE

Davis Bayou Campground:

Full Depth Repair (FDR) 1500 square yards 8,875 SY (Tackcoat & 1-inch Overlay 2 equal lifts) Milled transitions Clean and seal 7,500 linear feet of existing cracks Reapply Thermoplastic Type 'H' 140 linear feet 4-inch line striping/and all pavement markings Remove and replace 52 wheel stops with 8¿ Recycled Plastic Truck Block Wheel Stops

LS 1 $ $___________

Boat Launch Road:

Full Depth Repair (FDR) 25 square yards Clean and seal 1,940 linear feet of existing cracks 2,500 square yards of surface sealer (Sealcoat) Reapply 4,050 linear feet of 4-inchThermoplastic Type 'H' striping to all existing pavement markings

LS 1 $ $___________

Government Boat Dock Road:

Full Depth Repair (FDR) 55 square yards Clean and seal 1,940 linear feet of existing cracks Apply 1,500 square yards surface sealer (Sealcoat) Reapply 2,700 linear feet of 4-inch Thermoplastic Type 'H' striping to all existing pavement markings

LS 1 $ $___________

Maintenance Compound:

Full Depth Repair (FDR) 30 square yards Clean and seal 1,948 linear feet of existing cracks Apply 5,000 square yards surface sealer (Sealcoat) Reapply 1,750 linear feet of 6-inch Thermoplastic Type 'H' striping to all existing pavement markings

LS 1 $ $___________

Total Bid Price ______________

Failure to bid on all items will disqualify the bid. The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation (ALL or NONE) qualifier in the bid.

- END OF BID SCHEDULE -

Section C - Description/Specifications C-1 Clauses

The Contractor shall furnish all labor, materials and equipment required to furnish and provide road and parking area construction services at the Gulf Islands National Seashore (Davis Bayou Area) in Ocean Springs, Mississippi.

MAGNITUDE OF CONSTRUCTION:

The work consists of various tasks per attached SPECIFICATIONS to accomplish objectives:

1) CAMPGROUND require 1-inch hot mix asphalt overlay of existing roadway and campsites (approximately 8,875 square yards), Full Depth Repair (FDR) of up heaved and depressions (approximately 1500 square yards), clean and seal existing crack, apply tack coat to bonds (FDR). Reapply Thermoplastic Markings Type "H" striping to all existing pavement surface markings; and remove all wheel stops and replace with concrete wheel stops;

2) BOAT LAUNCH ROAD require Full Depth Repair (FDR) of up heaved and depressions (approximately 25 square yards) and tack coat in between FDR asphalt lifts; clean and seal existing cracks, apply surface sealer (approximately 19,886 square yards), and reapply Thermoplastic Markings Type "H" striping to all existing pavement surface markings;

3) GOVERNMENT BOAT DOCK ROAD require Full Depth Repair (FDR) of up heaved and depressions (approximately 55 square yards), clean and seal existing cracks, apply surface sealer (approximately 1,450 square yards), and reapply Thermoplastic Markings Type "H" striping to all existing pavement surface markings;

4) MAINTENANCE COMPOUND require Full Depth Repair (FDR) of up heaved and depressions (approximately 30 square yards), clean and seal existing cracks, apply surface sealer (approximately 650 square yards), and reapply Thermoplastic Markings Type "H" striping to all existing pavement surface markings;

5) And reestablish turf to disturbed areas (if any) with a seed mix approved by the CO.

The work shall comply with the requirements in accordance with the the PROJECT DOCUMENTS incorporated by attachments and posted to SOLICITATION Reference Number 140P5222B0002 published online at SAM.gov.

All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. All work under this contract shall be performed in a skillful and workmanlike manner.

Section E - Inspection and Acceptance E-1 Clauses

E-2 52.246-12 Inspection of Construction. (AUG 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

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

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

(End of clause)

Section F - Deliveries or Performance F-1 Clauses

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

The Contractor shall be required to (a) commence work under this contract within 5 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 120. The time stated for completion shall include final cleanup of the premises.

F-3 52.236-15 Schedules for Construction Contracts. (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

F-4 52.242-14 Suspension of Work. (APR 1984)

Section H - Special Contract Requirements H-1 Clauses

H-2 52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction. (FEB 1999)

16.9%

6.9%

(e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is Mississippi, Jackson County, Pascagoula..

Section I - Contract Clauses I-1 Clauses

I-2 52.203-3 Gratuities. (APR 1984)

I-3 52.203-5 Covenant Against Contingent Fees. (MAY 2014)

I-4 52.203-7 Anti-Kickback Procedures. (JUN 2020)

I-5 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

(MAY 2014)

I-6 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

I-7 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

I-8 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (JUN 2020)

I-9 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

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

I-11 52.204-12 Unique Entity Identifier Maintenance. (OCT 2016)

I-12 52.204-13 System for Award Management Maintenance. (OCT 2018)

I-13 52.204-14 Service Contract Reporting Requirements. (OCT 2016)

I-14 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

I-15 52.204-22 Alternative Line Item Proposal. (JAN 2017)

I-16 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021)

I-17 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

I-18 52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986)

I-19 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020)

I-20 52.219-8 Utilization of Small Business Concerns. (OCT 2018)

I-21 52.219-14 Limitations on Subcontracting. (SEP 2021)

[X] By the end of the base term of the contract and then by the end of each subsequent option period; or

[ ] By the end of the performance period for each order issued under the contract.

I-22 52.222-3 Convict Labor. (JUN 2003)

I-23 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018)

I-24 52.222-6 Construction Wage Rate Requirements. (AUG 2018)

I-25 52.222-7 Withholding of Funds. (MAY 2014)

I-26 52.222-8 Payrolls and Basic Records. (JUL 2021)

I-27 52.222-9 Apprentices and Trainees. (JUL 2005)

I-28 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988)

I-29 52.222-11 Subcontracts (Labor Standards). (MAY 2014)

I-30 52.222-12 Contract Termination - Debarment. (MAY 2014)

I-31 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

I-32 52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

I-33 52.222-15 Certification of Eligibility. (MAY 2014)

I-34 52.222-21 Prohibition of segregated facilities. (APR 2015)

I-35 52.222-26 Equal Opportunity. (SEP 2016)

I-36 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

I-37 52.222-37 Employment Reports on Veterans. (JUN 2020)

I-38 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)

I-39 52.222-50 Combating Trafficking in Persons. (NOV 2021)

I-40 52.222-54 Employment Eligibility Verification. (NOV 2021)

I-41 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (JAN 2022)

I-42 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

I-43 52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021) - Alternate

I (JUL 1995)

I-44 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

I-45 52.223-6 Drug-Free Workplace. (MAY 2001)

I-46 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN 2016)

I-47 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (JUN 2020)

I-48 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021)

I-49 52.227-1 Authorization and Consent. (JUN 2020)

I-50 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

I-51 52.228-2 Additional Bond Security. (OCT 1997)

I-52 52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

I-53 52.228-11 Individual Surety-Pledge of Assets. (FEB 2021)

I-54 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)

I-55 52.228-14 Irrevocable Letter of Credit. (NOV 2014)

I-56 52.229-3 Federal, State, and Local Taxes. (FEB 2013)

I-57 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

I-58 52.232-17 Interest. (MAY 2014)

I-59 52.232-23 Assignment of Claims. (MAY 2014)

I-60 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)

I-61 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)

I-62 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

I-63 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021)

I-64 52.233-1 Disputes. (MAY 2014)

I-65 52.233-3 Protest After Award. (AUG 1996)

I-66 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

I-67 52.236-2 Differing Site Conditions. (APR 1984)

I-68 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

I-69 52.236-5 Material and Workmanship. (APR 1984)

I-70 52.236-6 Superintendence by the Contractor. (APR 1984)

I-71 52.236-7 Permits and Responsibilities. (NOV 1991)

I-72 52.236-8 Other Contracts. (APR 1984)

I-73 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

I-74 52.236-10 Operations and Storage Areas. (APR 1984)

I-75 52.236-11 Use and Possession Prior to Completion. (APR 1984)

I-76 52.236-12 Cleaning Up. (APR 1984)

I-77 52.236-13 Accident Prevention. (NOV 1991)

I-78 52.236-14 Availability and Use of Utility Services. (APR 1984)

I-79 52.236-21 Specifications and Drawings for Construction. (FEB 1997)

I-80 52.236-26 Preconstruction Conference. (FEB 1995)

I-81 52.242-13 Bankruptcy. (JUL 1995)

I-82 52.243-4 Changes. (JUN 2007)

I-83 52.244-6 Subcontracts for Commercial Products and Commercial Services. (JAN 2022)

I-84 52.246-21 Warranty of Construction. (MAR 1994)

I-85 52.248-3 Value Engineering - Construction. (OCT 2020)

I-86 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996)

I-87 52.249-10 Default (Fixed-Price Construction). (APR 1984)

I-88 52.251-1 Government Supply Sources. (APR 2012)

I-89 52.253-1 Computer Generated Forms. (JAN 1991)

I-90 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)

(a) Definitions. As used in this clause-

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

I-91 52.222-35 Equal Opportunity for Veterans. (JUN 2020)

(a) Definitions. As used in this clause-

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

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

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

(End of clause)

I-92 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020)

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

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

(End of clause)

I-93 52.225-9 Buy American - Construction Materials. (NOV 2021)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

Cost of components means-

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

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

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

(ii) A construction material manufactured in the United States, if-

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

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

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

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

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

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

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

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

(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.

(d)…