Sol_140P5321R0016.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)

0040519947

NPS, SER - North MABO

107 Park Headquarters Road

Gatlinburg TN 37738

PSN

Pamela Lyons 606-246-1059

1x 03/22/2021

140P5321R0016

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

Statement of Work - Replace Decaying Masonite Siding with Sustainablee Fiber Cement

Siding at Headquarters Building dated January 15, 2021 - 11 page

Wage Rates Cnstruction - Scott County, TN - 5 pages

The project consist of repalcing siding on the Headquarters Building located at Big

South Fork NRRA, Oneida, TN. All work shall be performed as per the Statememt of

Work.

The acquisition is a 100% Small Busiines Set-Aside.

The NAICS code is 238170 Siding Contractors. The size standard is $16.5.

In accordance with the FAR Subpart 36.204, the magnitude of construction is estimated between $25,000 and $100,000.

This project is subject to the Wage Rates Requirements (Construction).

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.)

10 60 calendar days and complete it within ________________ ________________ calendar days after receiving

04/15/2021

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

NPS, SER - North MABO 107 Park Headquarters Road

Gatlinburg TN 37738

PSN

Pamela Lyons

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 71

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5321R0016

Legacy Doc #: NPS

Delivery Location Code: 0009060285

NPS, Big South Fork Ntl River

4564 Leatherwood Road

Oneida TN 37841 US

Period of Performance: 04/26/2021 to 07/30/2021

00010 Replace siding as per the Statement of Work-

Replace Decayong Masonite Siding with Sustainable

Fiber Cement Siding at Headquarters Building dated January 15, 2021

Product/Service Code: Z2AZ

Product/Service Description: REPAIR OR ALTERATION

OF OTHER ADMINISTRATIVE FACILITIES AND SERVICE

BUILDINGS

Contracting Officer: Pamela Lyons

Phone:606-670-7258

Email: pamela_lyons@nps.gov

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

Sponsored by GSA

FAR (48 CFR) 53.110

140P5321R0016

Table of Contents

PART I - THE SCHEDULE…… ........................................................................................................................ 1-3

SECTION A - SOLICITATION/CONTRACT FORM ..................................................................................... 1-3

SF 1442 SOLICITATION, OFFER, AND AWARD NOTICE: SET-ASIDE FOR, 8(a) (Construction, Alteration, or Repair) .............................................................................................................................................. 1-3

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

B.2 SUPPLIES AND/OR SERVICES TO BE FURNISHED

B.3 CONSIDERATION -- FIXED-PRICE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF OBJECTIVES/SPECIFICATIONS

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE .................................................................................... 11-14

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OFWORK ALT 1 (APR 1984) .. 11 F.3 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS (FEB 2021) .. .................................11-14

F.4 PRINCIPAL PLACE OF PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

G.2 INVOICES

G.3 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

SECTION H - SPECIAL CONTRACT REQUIREMENTS ........................................................................ 16-19

H.1 EXECUTIVE ORDER 13513 PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC

EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING (OCT 2009)

H.2 1452.228-70 LIABILITY INSURANCE (JUL 1996)

H.3 1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT – DEPARTMENT OF THE

INTERIOR (JUL 1996)

H.4 WAGE DETERMINATION

H.5 SAFETY ...................................................................................................................................................... 16-17

H.6 PAYROLLS

H.7 OPERATION OF FACILITY DURING CONSTRUCTION

H.8 WORK HOURS

H.-9 USE OF PREMISES

H.10 MAXIMUM WORK WEEK

H.11 SAMPLES AND CERTIFICATES

H.12 DISPOSAL

H.13 CONTRACTOR EMPLOYEES

H.14 PERMITS

H.15 QUALITY OF WORK

H.16 COMPLETION OF WORK

H.17 MATERIAL APPROVAL SUBMITTALS

H.18 ARCHEOLOGICAL FINDINGS

H.19 PROGRESS MEETINGS

H.20 OPERATION OF FACILITY DURING CONSTRUCTION

H.21 EXCAVATION AND UTILITY CLEARANCES

PART II - CONTRACT CLAUSES ................................................................................................................ 20-48

SECTION I - CONTRACT CLAUSES .......................................................................................................... 20-48

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ................................ 20-21

I.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018) .................................................................................................... 21-22

I.3 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

I.4 52.216-25 CONTRACT DEFINITIZATION (OCT 2010) .......................................................................... 22-23

I.5 52.219-9 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE(NOV 2020)

I.6 52.219-14 LIMITATIONS ON SUBCONTRACTING. (MAR 2020) ........................................................ 23-24 I.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020) ...... 24-27

I.8 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

I.9 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010) ......................................................................................................................... 27-28

I.10 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

I.11 52.228-1 BID GUARANTEE

I.12 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUN 2020) .................... 29-30 I.13 52.232-16 PROGRESS PAYMENTS. (JUN 2020) ................................................................................... 30-36 I.14 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017) .......................... 36-42

I.15 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.16 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

I.17 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. (APR 1984)

I.18 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS. (APR 1984)

I.19 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ...................... 44-45 I.20 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) ................................................................. 45-46

I.21 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.22 1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR

I.23 CONTRACTING OFFICER REPRESENTATIVE

I.24 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS ............................................... 47-48

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS ......................................................................... 50-60

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS ....................................................................................................................................................... 50-60 K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) ....................... 50-51 K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) ...............................51-54 K.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) ...................... 54-56 K.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) ......................... 56-57 K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (NOV 2020) ...................................... 57-60

K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS .............................. 61-68

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (MAY 2014)

L.4 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT --CONSTRUCTION

MATERIALS (MAY 2014) ................................................................................................................................ 60-61

L.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.7 PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS .................................................... 62-67

SECTION M - EVALUATION FACTORS FOR AWARD ......................................................................... 68-70

SECTION M – EVLAUTAION FACTORS FOR AWARD……………………………………………...……68-70

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

SCHEDULE A –

PRICE SCHEDULE

B.2 SUPPLIES AND/OR SERVICES TO BE FURNISHED

The contractor shall provide all labor, materials, and facilities necessary to perform all required work in accordance with the attached Statement of Work

B.3 CONSIDERATION -- FIXED-PRICE

The total firm-fixed price of this contract is $ _______________________

ITEM DESCRIPTION EST

QTY UNITS UNIT PRICE TOTAL

PRICE

10 Replace Decaying Masonite Siding with

Sustainable Fiber Cement Siding at Headquarters Building as per Statement of Work 1 Job

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK/SPECIFICATIONS

The scope of work and wage determination are attached and listed in Section J as Attachment 1 & 2.

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

[For this Solicitation, there are NO clauses in this Section]

E.2 INSPECTION AND ACCEPTANCE

Final inspection and acceptance shall be by the Contracting Officer or his/her duly authorized representative at:

Inspection: Big South Fork NRRA, Headquarters Building, Oneida, TN

Acceptance: (Same as Above)

For the purpose of this clause, the Contracting Officer's Representative (COR) named in the Designation of COR clause in this contract is the representative of the Contracting Officer. The Contracting Officer reserves the right to unilaterally designate other Government agents as authorized representatives. Should such occur, the Contractor will be notified by a written notice.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS

FOR CONSTRUCTION. APR 2015

52.227-4 PATENT INDEMNITY – CONSTRUCTION CONTRACTS DEC 2007

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS. MAY 2014

52.236-5 MATERIAL AND WORKMANSHIP. APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES. NOV 1991

52.242-14 SUSPENSION OF WORK. APR 1984

52.246-21 WARRANTY OF CONSTRUCTION. MAR 1994

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK, ALT 1 (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 07/30/2021. The time stated for completion shall include final cleanup of the premises.

F.3 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS (FEB 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 item (as defined in paragraph (1) of the definition 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 https://www.acquisition.gov/far/part-2#FAR_2_101 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 item 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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

(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.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (dollars)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

[* Include all delivery cost to the construction site and any applicable duty (whether or not a duty free entry certificate is issued)].

[List name, address, telephone number, and contractor for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

F.4 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at: See Statement of Work

G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer (CO):

Name: Pamela Lyons Phone: 606-670-7258 Email: pamela_lyons @nps.gov

Contracting Officer's Representative (COR):

Name: Steve Wilmot Phone: 423-569-7319 Email: stephen_wilmot@nps.gov

G.2 INVOICES

DOI ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

Electronic Invoicing and Payment Requirements - Invoice Processing 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 [Contracting Officer to edit and include the documentation required under this contract]:

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone

(866) 973-3131.

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

G.3 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

For the purpose of this contract the Contracting Officer's Representative (COR), shall be Steve Wilmot https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 EXECUTIVE ORDER 13513 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.

H.2 1452.228-70 LIABILITY INSURANCE (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer.

The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$100,000.00 each person* $500,000.00 each occurrence* $500,000.00 property damage*

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

H.3 1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT. - DEPARTMENT OF THE

INTERIOR (JUL 1996)

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

H.4 WAGE DETERMINATION

In the performance of this contract the Contractor shall comply with the requirements of U.S. Department of Labor Wage Determination Numbers TN20210072 01/01/2021 which is contained as Attachment 2 to this solicitation.

H.5 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).

• The contractor shall comply with pertinent Environmental Protection Agency laws.

• All tools, equipment and other related materials will be removed at the end of each workday and the area will be left neat and clean.

• Any park official has the authority to issue restraint or cease-and-desist orders to the contractor when violations or unsafe acts are present and threaten government and contractor employees or damage to government property.

• The contractor shall immediately report to the Contracting Officer, COR and BISO safety officer all accidents resulting in employee injury, death, or damage to property while performing this contract.

H.6 PAYROLL

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

H.7 OPERATION OF FACILITY DURING CONSTRUCTION

Construction activities must not interrupt the function and day-to-day operations of the facility during construction.

The contractor must coordinate with the Project Inspector 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.8 WORK HOURS

The contractor is responsible for conducting business at the site between the hours of 8:00am to 4:30 pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Work outside of normal business hours shall be preapproved by the Contracting Officer and/or the COR.

Contractor shall coordinate the on-site work schedule with the Contracting Officer and the COR five days prior to the performance start date. The COR may be reached by office or mobile phone during normal business hours.

The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

The contractor is not authorized to work at the site on Federal Holidays unless specifically authorized in writing by the NPS Contracting Officer. Requests to work over a holiday must be received no less than 5 working days prior to the holiday.

H.9 USE OF PREMISES

Contractor shall have limited use of the construction site for construction-related operations only. Limited use of premises to areas within the Contract indicated in the specifications. Do not disturb portions of the project site beyond areas in which the work is indicated. Contractor will prevent damage to natural surroundings. Damage to natural surroundings will be restored through NPS-approved methods for replanting, at no additional cost to the government.

The contractor shall supply portable toilet facilities in accordance to OSHA standard 1926.51 (c) at no cost to the government. Contract employees shall not be permitted to enter the Headquarters facility unless for purposes that are directly related to project execution and shall be escorted by the project COR. The location of the portable toilets will be within close proximity to the work site for convenience but allow for no disturbance to the viewshed for park visitors. Final location will be approved by COR before placement.

H.10 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.11 SAMPLES AND CERTIFICATES

When required by the specifications or the contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the contracting Officer or his/her designated representative.

Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall both be used in the work until approved in writing by the Contracting Officer.

H.12 DISPOSAL

All construction debris will be cleaned up and removed daily by the contractor at the contractor's expense, to a location outside of the park, disposal shall be made in accordance with local and state laws and must follow applicable EPA guidelines, and the work area will remain orderly at all times.

H.13 CONTRACTOR EMPLOYEES

a) The Contractor shall provide the Contracting Officer with the name(s) of responsible 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 in a proper, efficient, courteous and business-like manner.

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.14 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 comply with federal, state and local laws. Evidence of such permits and licenses shall be provided to the Contracting Officer before work commences, or as requested.

H.15 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.16 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.17 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 five (5) copies. The Denver Service Center Form (DSC-1) entitled "Transmittal USDI, National Park Service” shall be used. Contractor shall re-submit any disapproved submittals within seven (7) calendar days of disapproval.

H.18 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.19 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.

(d) The Contractor is required to provide weekly reports to include progress of work, days of work, weather conditions and payroll.

H.20 OPERATION OF FACILITY DURING CONSTRUCTION

Construction activities must not interrupt the function and day-to-day operations of the facility during construction. The contractor must coordinate with the Project Inspector 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.21 EXCAVATION AND UTILITY CLEARANCES

The Chief of Maintenance 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 prior to 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.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-7 ANTI-KICKBACK PROCEDURES JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS. JUN 2020

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-

TIER SUBCONTRACT AWARDS JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. OCT 2018

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS DEC 2014

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUB-

CONTRACTING WITH CONTRACTOR’S DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT JUN 2020

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS. NOV 2015

52.214-18 PREPARATION OF BIDS—CONSTRUCTION APR 1984

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. OCT 1997

52.216-24 LIMITATION OF GOVERNMENT LIABILITY APR 1984

52.216-25 CONTRACT DEFINITIZATION OCT 2010

52.219-14 LIMITATIONS ON SUBCONTRACTING MAR 2020

52.219-28 POST AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION NOV 2020

52.222-3 CONVICT LABOR. JUN 2003

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018

52.222-7 WITHHOLDING OF FUNDS. MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS. AUG 2018

52.222-9 APPRENTICES AND TRAINEES. JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS. FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS). MAY 2014

52.222-12 CONTRACT TERMINATION - DEBARMENT. MAY 2014

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT

REGULATIONS. MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS. FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY. MAY 2014

52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR 2015

52.222-26 EQUAL OPPORTUNITY. SEPT 2016

52.222-35 EQUAL OPPORTUNITY 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 COMBATING TRAFFICKING IN PERSONS. OCT 2020

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION OCT 2015

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 NOV 2020

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION. MAY 2011

52.223-6 DRUG-FREE WORKPLACE. MAY 2001

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN

TEXT MESSAGING WHILE DRIVING. JUN 2020

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. JUN 2008

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-11 PLEDGES OF ASSETS AUG 2018

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS JUL 2000

52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014

52.232-16 PROGRESS PAYMENTS, ALT 1 JUN 2020

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

52.233-1 DISPUTES. MAY 2014

52.233-3 PROTEST AFTER AWARD. AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. OCT 2004

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION NOV 1991

52.236-26 PRECONSTRUCTION CONFERENCE. FEB 1995

52.243-4 CHANGES JUN 2007

52.243-5 CHANGES AND CHANGED CONDITIONS APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS NOV 2020

52.246-13 INSPECTION—DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS AUG 1996

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and https://www.acquisition.gov/

(2) The publicly available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

I.3 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding ____________________ dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is ___________ dollars.

I.4 52.216-25 CONTRACT DEFINITIZATION (OCT 2010)

(a) A ______________ [insert specific type of contract] definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a _________ [insert specific type of proposal; (e.g., fixed-price or cost-and-fee)] proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is [insert target date for definitization of the contract and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of make-or-buy and subcontracting plans and certified cost or pricing data]:______________________________________________

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer’s determination of price or fee, the contract shall be governed by --

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer’s…