Sol_140P5321R0033.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)

0040539485

NPS, SER - North MABO

107 Park Headquarters Road

Gatlinburg TN 37738

PSN

Ashley Warcewicz 828-348-3417

1x 06/15/2021

140P5321R0033

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

Statement of Work and DOL Wage Determination

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.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

07/09/2021

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

Ashley Warcewicz

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 64

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5321R0033

The National Park Service (NPS), Blue Ridge

Parkway, is issuing a combined synopsis/solicitation for a project to remove and replace approximately 13,000 square feet asphalt sidewalks around the Mount Pisgah concession area. This project will require coordination with the concession operation. Following aware and prior to work beginning, schedule a meeting with the CO, COR, and concession staff to work out the sequencing and performance of the work. Location:

Blue Ridge Parkway, Milepost 408, Pisgah Inn

TYPE OF CONTRACT: Firm Fixed Price

100% small business set-aside procurement.

The NAICS code is 237310 and the size standard is

$39.5 million.

In accordance with FAR Subpart 36.204, the magnitude of this requirement is estimated to be between $25,000 and $100,000.

Period of Performance 7/15/2021 to 5/30/2022

SYSTEM FOR AWARD MANAGEMENT (SAM): Federal

Acquisition Regulations require that federal contractors register in the System for Award

Management (SAM) database at https://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Interested Offerors are encouraged to ensure that they are registered in

SAM prior to submitting their quote. THESE

REGISTRATIONS WILL BE COMPLETED BEFORE TIME OF

AWARD.

Site Visit: Offerors are highly encouraged to perform site visit at any time to inspect the site and fully understand the requirement and conditions.

Vendor Questions cut-off date: June 25, 2021 5:00

EST send via-email to Ashley_Warcewicz@nps.gov

Request for Quotes closes July 9, 2021 5:00PM EST send via-email all quotes to

Ashley_Warcewicz@nps.gov

The contracting office will not provide

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 64

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5321R0033 hardcopies or email copies of solicitation.

No Phone calls, please.

Legacy Doc #: NPS

Delivery: 05/30/2022

Delivery Location Code: 0009815106

NPS Blue Ridge Parkway

199 Hemphill Knob Road

Asheville NC 28803 US

Period of Performance: 07/15/2021 to 05/30/2022

00010 The contractor shall provide all labor, materials, supervision and equipment necessary to perform all required work in accordance with the attached Statement of Work to

Replace Asphalt Sidewalks at the Pisgah Inn, Blue

Ridge Parkway

Product/Service Code: Z1LZ

Product/Service Description: MAINTENANCE OF

PARKING FACILITIES

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

Sponsored by GSA

FAR (48 CFR) 53.110

140P5321R0033 – Blue Ridge Parkway, Pisgah Inn, Replace Asphalt Sidewalks Page 1

Table of Contents

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

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

SF 1442 SOLICITATION, OFFER, AND AWARD NOTICE: SET-ASIDE FOR, SMALL BUSINESS

(Construction, Alteration, or Repair) ......................................................................................................................A-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS ...................................................................B-3

B.1 PRICE/COST SCHEDULE..............................................................................................................................B-1 B.2 SUPPLIES AND/OR SERVICES TO BE FURNISHED................................................................................B-2 B.3 CONSIDERATION -- FIXED-PRICE.............................................................................................................B-3

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK..........................................C-1

C.1 STATEMENT OF OBJECTIVES/SPECIFICATIONS...................................................................................C-1

SECTION D - PACKAGING AND MARKING................................................................................................D-1

SECTION E - INSPECTION AND ACCEPTANCE ........................................................................................E-2

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ...................................E-1 E.2 INSPECTION AND ACCEPTANCE ..............................................................................................................E-2

SECTION F - DELIVERIES OR PERFORMANCE........................................................................................F-4

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE....................................F-1 F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OFWORK ALT 1 (APR 1984) F-2

F.3 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS (MAY 2014) F-3

F.4 PRINCIPAL PLACE OF PERFORMANCE....................................................................................................F-4

SECTION G - CONTRACT ADMINISTRATION DATA ..............................................................................G-3

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS .................................................................................G-1 G.2 INVOICES.......................................................................................................................................................G-2 G.3 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR).......................................G-3

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

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

EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING (OCT 2009) .....................................H-1 H.2 1452.228-70 LIABILITY INSURANCE (JUL 1996).....................................................................................H-2

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

INTERIOR (JUL 1996) ..........................................................................................................................................H-3 H.4 WAGE DETERMINATION ...........................................................................................................................H-4 H.5 SAFETY ..........................................................................................................................................................H-5 H.6 PAYROLLS.....................................................................................................................................................H-6 H.7 OPERATION OF FACILITY DURING CONSTRUCTION.........................................................................H-7 H.8 WORK HOURS...............................................................................................................................................H-8 H.-9 USE OF PREMISES ......................................................................................................................................H-9 H.10 MAXIMUM WORK WEEK.......................................................................................................................H-10 H.11 SAMPLES AND CERTIFICATES.............................................................................................................H-11 H.12 DISPOSAL ..................................................................................................................................................H-12 H.13 CONTRACTOR EMPLOYEES..................................................................................................................H-13 H.14 PERMITS.....................................................................................................................................................H-14 H.15 QUALITY OF WORK ................................................................................................................................H-15 H.16 COMPLETION OF WORK ........................................................................................................................H-16 H.17 MATERIAL APPROVAL SUBMITTALS.................................................................................................H-17 H.18 ARCHEOLOGICAL FINDINGS................................................................................................................H-18

140P5321R0033 – Blue Ridge Parkway, Pisgah Inn, Replace Asphalt Sidewalks Page 2

H.19 PROGRESS MEETINGS............................................................................................................................H-19 H.20 OPERATION OF FACILITY DURING CONSTRUCTION.....................................................................H-19 H.21 EXCAVATION AND UTILITY CLEARANCES......................................................................................H-19

H.22 NOTICE TO CONTRACTORS – CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM...............................................................................................................................................................H-20

PART II - CONTRACT CLAUSES .....................................................................................................................I-4

SECTION I - CONTRACT CLAUSES................................................................................................................I-1

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

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

RESPONSIBILITY MATTERS (OCT 2018)..........................................................................................................I-2 I.3 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984) .....................................................I-2 I.4 52.216-25 CONTRACT DEFINITIZATION (OCT 2010) ...............................................................................I-3 I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) ..............................................................................I-4 I.6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020). ............................................I-4 I.7 52.219-14 LIMITATIONS ON SUBCONTRACTING. (MAR 2020) ..............................................................I-5 I.8 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPREPRESENTATION (NOV 2020) .......I-6 I.9 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)....................................................I-7

I.10 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010) ..............................................................................................................................I-7

I.11 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)......................................................................................................................I-8 I.12 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUN 2020)..........................I-9 I.13 52.232-16 PROGRESS PAYMENTS. (JUN 2020) .....................................................................................I-10 I.14 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017) ...........................I-16 I.15 52.236-2 DIFFERING SITE CONDITIONS (APR 1984) ............................................................................I-22 I.16 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984) ...........I-23 I.17 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. (APR 1984) ..................................................I-23 I.18 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS. (APR 1984) ........................................I-23 I.19 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ..........................I-23 I.20 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) ...................................................................I-24 I.21 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) .................................................... I-25 I.22 1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR..........................................I-25 I.23 CONTRACTING OFFICER REPRESENTATIVE.......................................................................................I-26 I.24 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS ..................................................I-26

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ....................................J-1

SECTION J - LIST OF ATTACHMENTS .........................................................................................................J-1

PART IV - REPRESENTATIONS AND INSTRUCTIONS ............................................................................K-1

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS...........................................................................................................................................................K-1 K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)...........................K-1 K.2 52.204-8 ANNUAL REPRESENTATIONS & CERTIFICATIONS (MAR 2020)........................................K-2 K.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) .........................K-6 K.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (NOV 2020) ..........................................K-8 K.5 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)...............................K-11

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS ..................................L-1

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE .......................L-1 L.2 52.216-1 TYPE OF CONTRACT (APR 1984)................................................................................................L-1

L.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE

WORK (MAY 2014)...............................................................................................................................................L-1

140P5321R0033 – Blue Ridge Parkway, Pisgah Inn, Replace Asphalt Sidewalks Page 3

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

(MAY 2014) ............................................................................................................................................................L-2 L.5 52.233-2 SERVICE OF PROTEST (SEP 2006) ..............................................................................................L-3 L.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) ....................L-3 L.7 PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS.........................................................L-3

SECTION M - EVALUATION FACTORS FOR AWARD ............................................................................M-1

SECTION M – EVLAUTATION FACTORS FOR AWARD…………………………………….……………M-1

140P5321R0033 – Blue Ridge Parkway, Pisgah Inn, Replace Asphalt Sidewalks Page 4

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE SCHEDULE

SCHEDULE A –

Period of Performance: Complete within 180 days of Notice to Proceed.

B.2 SUPPLIES AND/OR SERVICES TO BE FURNISHED

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

B.3 CONSIDERATION -- FIXED-PRICE

Firm Fixed Price – Submit Price Schedule Attachment 3

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK/SPECIFICATIONS

The statement of work/specifications and drawings are attached and listed in Section J as Attachments 1

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 CO or the COR shall be paid by the contractor.

D.2 Marking All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the 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

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

E.2 INSPECTION AND ACCEPTANCE

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

Inspection: Pisgah Inn, Blue Ridge Parkway, Transylvania County, North Carolina

140P5321R0033 – Blue Ridge Parkway, Pisgah Inn, Replace Asphalt Sidewalks Page 5

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

52.232-39 Unenforceability of Unauthorized Obligations JUNE 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

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 180 days. The time stated for completion shall include final cleanup of the premises.

F.3 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS (MAY 2014)

(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 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

140P5321R0033 – Blue Ridge Parkway, Pisgah Inn, Replace Asphalt Sidewalks Page 6

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

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

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

“Cost of components” means--

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

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

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 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; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 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 component test of the Buy American statute is waived for construction material that is a COTS item. (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: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

140P5321R0033 – Blue Ridge Parkway, Pisgah Inn, Replace Asphalt Sidewalks Page 7

(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 6 percent;

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

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

(c) Request for determination of inapplicability of the Buy American statute.

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable

140P5321R0033 – Blue Ridge Parkway, Pisgah Inn, Replace Asphalt Sidewalks Page 8 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

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

[Include other applicable supporting information.]

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

F.4 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at: Pisgah Inn, Blue Ridge Parkway, Transylvania County, North Carolina

G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Specialist:

Name: Ashley Warcewicz Phone: 828-490-2808 Email: Ashley_Warcewicz@nps.gov

Contracting Officer's Representative (COR):

Name: Jeffery Childers Phone: 828-450-1440 Email: jeffrey_childers@nps.gov

140P5321R0033 – Blue Ridge Parkway, Pisgah Inn, Replace Asphalt Sidewalks Page 9

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: INVOICE submitted and approved by COR before IPP, certified payrolls, and release of claims.

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: Jeffery Childers

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:

$10,000.00 each person* $50,000.00 each occurrence* $100,000.00 property damage* https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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(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 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).

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

Normal work hours are from 7:30 a.m. through 4:00 p.m., Monday through Thursday. Friday 7:30 a.m. to 1:00 p.m. in preparation for the weekend. Contractor will not be permitted to work at the job site on Saturday, Sunday or legal holidays unless otherwise authorized by the CO.

H.9 USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Government land or lands administered by the Government, written permission shall be obtained through the Contracting

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Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

(b) Unless provided otherwise, the Contractor shall provide and maintain sanitation facilities for the workforce at the site. Solid waste shall be disposed of in accordance with applicable Federal, State, and local regulations.

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

Debris, rubbish, and non-usable material resulting from under this contract shall be disposed in a manner that meets federal, state and local laws.

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.

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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.

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, 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 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.

H.22 NOTICE TO CONTRACTORS-CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(DEC 2015)

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1. FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

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

b. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c. All information provided should be reviewed for accuracy prior to submission.

d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6. The following guidelines apply concerning your use of the past performance evaluation:

a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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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

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-

TIER SUBCONTRACT AWARDS JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. OCT 2018

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-REPRESENTATON NOV 2015

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

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 REQUIREMENTS AUG 2018

52.222-7…