Sol_140P5323R0015.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)

0040612388

NPS, SER - North MABO

107 Park Headquarters Road

Gatlinburg TN 37738

PSN

Geraldine Larsen 470-367-8305

1x 06/20/2023

140P5323R0015

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

Great Smoky Mountains National Park, Swain County, North Carolina

Water and Wastewater Line Replacement Project, Balsam Mountain Campground/Heintooga

Picnic Area. The contractor shall provide all supervision, labor, materials, equipment, transportation, and incidentals necessary to complete the work in accordance with the contract specifications and requirements.

Period of Performance: 09/15/2023-5/03/2024

This acquisition is 100% Small Business Set-aside.

The primary NAICS code is 237110 Water and Sewer Line and Related Structures

Construction Size standards in millions of dollars 39.5.

In accordance with FAR Subpart 36.204, the magnitude of construction is estimated;

(d) Between $250,000 and $500,000.

Type of Contract: Firm-Fixed Price Construction.

Continued ...

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

07/20/2023

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

NPS, SER - North MABO 107 Park Headquarters Road

Gatlinburg TN 37738

PSN

Geraldine Larsen

28. NEGOTIATED AGREEMENT 29. AWARD

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

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 53

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5323R0015

No legal liability on the part of the government for any payment may arise for performance under this contract beyond the amount that has been authorized through issuance of written contracts.

Important dates:

Request for Proposal Closes 7/20/2023.

Site Visit 6/27/2023 1200hrs, email geraldine_larsen@nps.gov to request to attend no later than 6/23/2023 NOON ED.

Vendor question cutoff 07/11/2023 NOON ED send all questions to: geraldine_larsen@nps.gov, all responses will be posted as an amendment.

Reference Solicitation number # 140P5323R0015 in

ALL correspondences and Emails.

Proposal should include: Name and complete address, including street, city, county, state, and ZIP code, and electronic address(including facsimile address), if appropriate. AND Unique Entity ID.

This acquisition will utilize the Lowest Price

Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non- cost factors submitted by offerors deemed responsible.

Documents to Submit with Proposal:

1. Technical Approach

2. Identify of key Personnel to be responsible for the on-site work and their qualifications.

3. Safety Plan

4. Contractors' quality Control Plan

5. Proof of Insurance-Liability

6. Price Schedule sheet (Attachment #2)

7. SF 1442 signed/ Amendments

8. Bid Guarantee, email copy only to geraldine_latsen@nps.gov

The Technical proposal should be specific and complete. Legibility, clarity and coherence are

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 53

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5323R0015 very important. All the requirements specified in the solicitation are mandatory. By your proposal submission you are representing that your firm will perform all the requirements specified in the RFP. A written technical proposal shall be submitted addressing the evaluation factors contained within the RFP.

All of the evaluation criteria must be met in order for the proposal to be considered responsive. A non-responsive submittal will not undergo further review once it is deemed non-responsive and will be eliminated from consideration.

Submit Proposal to: Geraldine Larsen, Contract

Specialist/Buyer: geraldine_larsen@nps.gov

NO PHONE CALLS will be accepted.

Delivery: 05/03/2024

Delivery Location Code: 0009060247

NPS, Gt. Smoky Mountains NP

107 Park Headquarters Road

Gatlinburg TN 37738 US

Period of Performance: 09/15/2023 to 05/03/2024

00010 REHAB WASTEWATER SYSTEM

Product/Service Code: Y1ND

Product/Service Description: CONSTRUCTION OF

SEWAGE AND WASTE FACILITIES

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

Sponsored by GSA

FAR (48 CFR) 53.110

140P5323R0015 Great Smoky Mountains National Park Wastewater System Project 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 (OCT 2022) 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

H.19 PROGRESS MEETINGS ........................................................................................................................... H-19

H.20 OPERATION OF FACILITY DURING CONSTRUCTION .................................................................... H-19

H.21 EXCAVATION AND UTILITY CLEARANCES..................................................................................... H-19

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

140P5323R0015 Great Smoky Mountains National Park Wastewater System Project Page 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. (OCT 2022) .............................................................. I-5

I.8 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPREPRESENTATION (MAR 2023) ...... 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 52.228-1 BID GUARANTEE (Sept 1996)……………………………………………………………I-8

I.13 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUN 2020) ......................... I-9

I.14 52.232-16 PROGRESS PAYMENTS. (NOV 2021) .................................................................................... I-10

I.15 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017) ........................... I-16

I.16 52.236-2 DIFFERING SITE CONDITIONS (APR 1984) ........................................................................... I-22

I.17 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984) ........... I-23

I.18 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. (APR 1984) ................................................. I-23

I.19 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS. (APR 1984) ........................................ I-23

I.20 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ......................... I-23

I.21 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) ................................................................... I-24

I.22 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) .................................................... I-25

I.23 1452.204-70 RELEASE OF CLAIMS—DEPARTMENT OF THE INTERIOR .......................................... I-25

I.24 1452.236-71 ADDITIVE AND DEDUCTIVE ITEMS—DEPARTMENT OF THE INTERIOR ................ I-25

I.25 CONTRACTING OFFICER REPRESENTATIVE ...................................................................................... I-26

I.26 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 2023) ....................................... K-2

K.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)......................... K-6

K.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (MAR 2023) ........................................ 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 Reserved ........................................................................................................................................... L-1

L.4 52.225-10 Reserved ........................................................................................................................................ 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

140P5323R0015 Great Smoky Mountains National Park Wastewater System Project Page 3

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE SCHEDULE

SCHEDULE A

Period of Performance: 9/15/2023-05/03/2024

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 2

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, 3, and 4

SECTION D - PACKAGING AND MARKING

D.1 Payment of Postage and Fees

No mailed packages accepted, all documents shall be emailed to geraldine_larsen@nps.gov

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 DATE

52.246-12 AUG 1996

52.246-21

TITLE

INSPECTION OF CONSTRUCTION

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:

140P5323R0015 Great Smoky Mountains National Park Wastewater System Project Page 4

Inspection: Great Smoky Mountains National Park, Balsam Mountain Campground/Heintooga Picnic Area Swain

County, NC

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

52.203-5 Covenant Against Contingent Fees May 2014

52.203-7 Anti-Kickback Procedures June 2020

52.203-17 Contractor Employee Whistleblower and Requirement To Inform

Employees of Whistleblower Rights June 2020

52.204-19

52.204-27 Incorporation by Reference of Representations and Certifications JAN 2017

Prohibition on a ByteDance Covered Application. June 2023

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 NOV 2021

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 (OCT 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at

Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and https://www.acquisition.gov/far/part-2#FAR_2_101

140P5323R0015 Great Smoky Mountains National Park Wastewater System Project Page 5

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

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

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

Cost of components means—

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

(whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.

Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

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 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. 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.

https://www.acquisition.gov/far/part-25#FAR_25_105

140P5323R0015 Great Smoky Mountains National Park Wastewater System Project Page 6

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

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

(b) Domestic preference.

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

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

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "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.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1)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;

(2)For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United

States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3)The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1)The cost of a particular domestic construction material that is a critical item or contains critical components, 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 plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2)For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3)The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(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;

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

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(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

(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)*

Item1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

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

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[List name, address, telephone number, and contact 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: Balsam Mountain Campground/Heintooga Picnic Area Swain

County, NC Great Smoky Mountains National Park

G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Specialist:

Name: Geri Larsen

Email: Geraldine_larsen@nps.gov

Contracting Officer's Representative (COR):

Name: TBA

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)

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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For the purpose of this contract the Contracting Officer's Representative (COR), shall be: TBA

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*

$1,000,000.00 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 which is contained as Attachment 5 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).

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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 Friday. Contractor will not be permitted to work at the job site on Saturday, Sunday or federal 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

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.

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(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.

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(c) At the progress meetings,…