Sol_140P5223R0021.pdf
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- Attached to
- REPLACE HVAC AT 3 UNITS BICY Federal contract opportunity
- Solicitation number
- 140P5223R0021
About this file
This document is a solicitation for replacing HVAC units at three locations within Big Cypress National Preserve. The National Park Service seeks to install three new 3-ton HVAC units by September 21, 2023. Offerors must submit proposals by August 10, 2023 to be considered for award. Proposals are required to include technical, past performance, and cost proposal sections. The technical approach, past performance based on references, and cost will be evaluated. A firm-fixed price contract will be awarded based on best value determination using these evaluation criteria. The successful offeror must provide performance and payment bonds valued at the total contract amount.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Amended_SOL_CLAUSES_0001.pdf | ||
| Sol_140P5223R0021_Amd_0001.pdf | ||
| A04_BICY_330800A_SOW_Replace_3_HVAC_systems.doc | DOC document | |
| B09_QUESTIONNAIRE.pdf | ||
| B03_Award_Wages.pdf | ||
| A06_ADDITIONAL_DESCRIPTIVE_AND_MAP.pdf |
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Text version
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)
0040623606
NPS, SER - South MABO
40001 SR 9336
Homestead FL 33034
PSS
Chad Williams
Interior Region 2- South Atlantic Gulf 40001 State Road 9336 Homestead, FL 33034
Chad Williams 678-444-0731
1x 07/10/2023
140P5223R0021
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Solicitation # 140P5223R0021 Issuing Date: 07/10/2023
Proposals must be submitted by 08/10/2023 at 1700 EDT via email to chad_williams@nps.gov.
Site Visit: Friday July 14, 2023 at 10am Eastern
Meet at Big Cypress Headquarters Parking Lot.
Contact Park Representative upon arrival.
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 30 calendar days and complete it within ________________ ________________ calendar days after receiving
08/10/2023
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 8/2014)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
DOI, NPS, SER - South MABO
40001 SR 9336
Homestead FL 33034
PSS
Chad Williams
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 3
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P5223R0021
CONSTRUCTION, REPLACE HVAC AT 3 UNITS at BIG
CYPRESS NATIONAL PRESERVE
Delivery: 09/21/2023
Delivery Location Code: 0009060283
NPS, Big Cypress Natl Preserve
33100 Tamiami Trail E
Ochopee FL 34141-9710 US
Period of Performance: 08/21/2023 to 09/21/2023
00010 (3) 3-ton HVAC UNITS
Product/Service Code: E1NB
Product/Service Description: PURCHASE OF HEATING
AND COOLING PLANTS
CONSTRUCTION, REPLACE HVAC AT 3 UNITS at BIG
CYPRESS NATIONAL PRESERVE
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
SECTION A: SOLICITATION/CONTRACT FORM
PROJECT TITLE: Install (3) New HVAC Units – Big Cypress National Preserve
SITE LOCATION: Big Cypress National Preserve 33100 Tamiami Trl E Ochopee, FL 34141
NOTICE TO PROSPECTIVE OFFERORS
SUBMISSION OF DOCUMENTS: Your offer must include the following Sections and Forms:
1. SF-1442
2. SOLICITATION
3. 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.
Proposals offering less than specified time will cause proposal to be rejected.
SUBMIT AN OFFER TO THE FOLLOWING EMAIL:
chad_williams@nps.gov
THE MAGNITUDE OF THIS PROJECT IS BETWEEN $25,000 AND $100,000
BONDING – 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 percent performance bond, 100 percent payment bond. Offerors are now advised that the Government will inspect, accept, and take possession of completed work and release the bonding on completion/acceptance of the work per FAR 28.203-5.
Site Superintendent for the project must be the prime contractor’s employee. No Exceptions will be made.
Site Visit: Friday July 14, 2023 at 9am Eastern. Details below.
Submit all questions regarding this solicitation in writing to the Contracting Officer. You must submit questions by July 19, 2023 by 12:00 P.M. EASTERN TIME. Questions submitted after this time may NOT be considered. Answers to the questions submitted in writing will be posted to the solicitation as an amendment on or around July 24, 2023.
PROPOSALS ARE DUE ON JULY 10, 2023 AT 5:00 P.M. EASTERN TIME.
SECTION B – PRICE SCHEDULE
Price Schedule
Solicitation Number: 140P5223R0021
Project Title: Install (3) New HVAC Units
Contract Line Item Number
Contract Line Item Quantity Unit of Measure Unit Price Total Price
010 (3) 3-TON HVAC UNITS 1 Lump Sum
TOTAL COMBINED PROPOSED PRICE:
NOTE:
PLEASE COMPLETE THE ATTACHED BID SHEET AND SUBMIT IT WITH
YOUR PROPOSAL PACKAGE.
SECTION C – SPECIFICATIONS/DRAWINGS
Statement of Work
DOL Wage Rates
Questionnaire
Drawings
Attachment 001
Attachment 002
Attachment 003
Attachment 004
SECTION D – PACKAGING AND MARKING
D.1 PAYMENT OF POSTAGE AND FEES
All postage and fees related to submitting information forms, reports, etc., to the Contracting Officer (CO), Contract Specialist (CS), or the Contracting Officer’s Representative (COR) shall be paid by the contractor.
D.2 MARKING
All information submitted to the CO, CS, or the COR shall clearly indicate the contract’s Contract Number for which the information is being submitted.
SECTION E – INSPECTION AND ACCEPTANCE
E.1 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 Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not—
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.
The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes 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 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.
SECTION F – DELIVERIES OR PERFORMANCE
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APR 1984 F.1
The Contractor shall be required to (a) commence work under this contract within ten (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 30 calendar days after receiving the notice to proceed. The time stated for completion shall include final cleanup of the premises.
F.2 52.236-01 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 fifteen percent (15%) 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 Contracting Officer determines that the reduction would be to the advantage of the Government.
F.3 52.242-14 SUSPENSION OF WORK APR 1984
(a) The Contracting Officer 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 Contracting Officer 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 Contracting Officer in the administration of this contract, or
(2) by the Contracting Officer’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 Contracting Officer 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.
(End of Clause)
SECTION G – CONTRACT ADMINISTRATION DATA
G.1 CONTRACTING OFFICER’S REPRESENTATIVE(S) (COR) FOR THIS CONTRACT WILL BE
DETERMINED AT TIME OF AWARD.
G.2 CONTRACT OFFICER RESPONSIBLE FOR ADMINISTERING THIS CONTRACT:
Chad Williams Contracting Officer National Park Service 40001 State Road 9336 Homestead, Florida 33034 Work: (678) 444-0731 chad_williams@nps.gov
G.3 TECHNICAL DIRECTION
The performance of the required work shall be subject to the COR’s or designee’s technical direction and surveillance.
As used herein, “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 set forth in the contract;
(b) May not constitute a new assignment of work changes to the expressed terms, conditions, or specifications incorporated into this contract;
(c) 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 set forth 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 or CS (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. 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 about the 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.
G.7 PAYROLL RECORDS
The Prime Contractor must give the Contracting Officer with one (copy of the Weekly Payroll Form WH-347 or equivalent) to include payroll records for their subcontractors. Payroll records shall be submitted in seven (7) calendar days after the close of the payroll period and numbered in consecutive order. The Prime Contractor shall review all subcontractors’ payroll and ensure that all employees are paid per 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 Dept., 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 Contracting Officer or Specialist. No subcontractor shall be allowed on the site without an executed SF 1413. The Prime shall be held responsible for ensuring that his/her subcontractor’s DO NOT subcontract any portion of this work. The Prime Contractor is responsible to ensure that all subcontractors carry sufficient insurance in accordance with this contract.
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) thereof; 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/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.
(c) At the progress meetings, the Contractor shall give oral reports of the progress on the project to the CO. If the work is behind schedule, the Contractor shall be prepared to:
(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, seven calendar days after the payroll period closes.
H.6 OPERATION OF FACILITY DURING CONSTRUCTION
Construction activities must not interrupt the function and the facility’s daily operations during construction.
The 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 7:00 a.m. through 3:30 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 authorized otherwise.
H.8 USE OF PREMISES
(a) Before any location, other than shown in the photos or during the site visit, is accessed, written permission shall be obtained through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor.
(b) Unless provided otherwise, the Contractor shall provide and maintain a sanitary working environment for the workforce at the site. Solid waste shall be disposed of in accordance with 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 Contracting Officer no less than ten (10) calendar days before the date which he/she anticipates commencement of work. The 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 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.
H.12 CONTRACTOR EMPLOYEES
(a) The Contractor shall provide the Contracting Officer with the name of the responsible supervisor authorized to act for the Contractor.
(b) The Contractor shall furnish sufficient personnel to perform, supervise and manage all work.
(c) Contractor employees shall conduct themselves properly, efficiently, courteously and professionally.
(d) The Contractor shall remove from the site any individual whose continued employment is deemed by the contracting officer to be contrary to public interest or inconsistent with the National Park Service.
H.13 PERMITS
The contractor shall, without additional expense to the government, obtain all appointments, licenses, and permits required to perform work under this contract. The contractor shall follow federal, state, and local laws. Evidence of such permits and licenses shall be provided to the CO before work commences, or as requested. The contractor will always display the permits and license on the job site.
H.14 QUALITY OF WORK
Workmanship shall be of the highest quality and best practices of the trade. 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 herein entitles “Materials and Workmanship”, FAR 52.236-5 (APR 1984), Section I, shall be submitted to the Contracting Officer through the COR in 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 within 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 employees find any archeological remains, Contractor shall suspend operations at the site of discovery; notify Contracting Officer 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 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 quotation.
(End of Local Clause)
H19. 52.204-27 Prohibition on a ByteDance Covered Application.
As prescribed in 4.2203, insert the following clause:
Prohibition on a ByteDance Covered Application (Jun 2023)
(a) Definitions. As used in this clause—
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Information technology, as defined in 40 U.S.C. 11101(6)—
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org
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. On request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/
Clause Title Date 1452.201-70 Authorities and Delegations SEP 2011 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 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of
Whistleblower Rights
JUN 2020
52.204-1 Approval of Contract DEC 1989 52.204-4 Printed or Copied Double-Sided on Recycled Paper MAY 2011 52.204-7 System for Award Management OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment
NOV 2021
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation NOV 2015 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates on Publicly Available Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.209-13 Violation of Arms Control Treaties or Agreements – Certifications NOV 2021 52.211-6 Brand Name or Equal AUG 1999 52.215-2 Audit and Records–Negotiation JUN 2020 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 52.216-7 Allowable Cost and Payment AUG 2018 52.216-24 Limitation of Government Liability APR 1984 52.216-25 Contract Definitization OCT 2010 52.219-8 Utilization of Small Business Concerns OCT 2022 52.219-14 Limitations on Subcontracting OCT 2022 52.222-1 Notice to the Government of Labor Disputes FEB 1997 https://www.acquisition.gov/
52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation MAR 2018 52.222-5 Construction Wage Rate Requirements – Secondary Site of Work MAY 2014 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-22 Previous Contracts and Compliance Reports FEB 1999 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment
Opportunity for Construction
FEB 1999
52.222-26 Equal Opportunity SEP 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 52.222-62 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 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran – Representations and Certifications
JUN 2020
52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance – Work on a Government Installation JAN 1997 52.228-11 Individual Surety – Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds – Construction JUN 2020 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-16 Progress Payments NOV 2021 52.232-17 Interest MAY 2014 52.232-23 Assignment of Claims MAY 2014
52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer – System for Award Management OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAY 2023 52.233-1 Disputes MAY 2014 52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements APR 1984 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Before Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.236-28 Preparation of Proposals – Construction OCT 1997 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012 52.249-2 Termination for Convenience of the Government (Fixed-Price) – Alternate I APR 2012 52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-4 Alterations in Contract APR 1984 52.252-6 Authorized Deviations in Clauses NOV 2020 52.253-1 Computer Generated Forms JAN 1991
I.2 1452.204-70 RELEASE OF CLAIMS–DEPARTMENT OF THE INTERIOR JUL 1996
After completion of work and before final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.
I.3 1452.228-70 LIABILITY INSURANCE JUL 1996
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
1. Worker’s compensation and employer’s liability: $1,000,000
2. General Liability: $500,000 each person and $1,000,000 each occurrence
3. Property Damage: $2,000,000
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 calendar days before the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number, and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate before beginning the work.
(c) The contractor shall name the United States, National Park Service, as the insured party(ties) on the liability insurance policy.
SECTION J – LIST OF ATTACHMENTS
Attachment No. Attachment Title: Date Pages Document Ver.
001 Statement of Work 07/10/2023 14 BASE
002 Drawings 07/10/2023 5 BASE
003 DOL Wages 07/10/2023 6 BASE
004 Questionnaire 07/10/2023 6 BASE
SECTION K – REPRESENTATION AND CERTIFICATIONS
Contractors must have a completed and updated Online Representation and Certifications Application on SAM.gov.
K.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS DEC 2014
The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
K.3 52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION OCT 1997
(a) Proposals 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 proposal must initial each erasure or change appearing on any proposal form.
(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including—
(1) Lump sum price;
(2) Alternate prices;
(3) Units of construction; or
(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.
(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.
(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.
(End of provision)
K.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVALLIANCE SERVICES OR EQUIPMENT
As prescribed in 4.2105(a), insert the following provision:
REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services— https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26
Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to…
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