Sol_140P5324Q0046.pdf
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- Attached to
- DESIGN & INSTALL DISPLAY AV Federal contract opportunity
- Solicitation number
- 140P5324Q0046
About this file
This document is a Request for Quote (RFQ) for the design and installation of a digital display exhibit at the Camp Nelson National Monument. The National Park Service is seeking a firm-fixed price contract for this requirement, which is set aside for small businesses. Quotes are due by August 9, 2024 at 4:00 PM EST. The NAICS code for this solicitation is 712110 (Museums), with a size standard of $34 million. Award will be made to the lowest priced, technically acceptable offeror. Contractors must be listed as a small business in SAM.gov for the applicable NAICS code. The government is not conducting a site visit, but questions are due by July 31, 2024. Offerors should provide their technical approach, materials, price breakdown, and estimated days to completion in their quote.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140P5324Q0046_Amd_0002.pdf | ||
| 2nd_Questions-140P5324Q0046_0002.docx | DOCX document | |
| Sol_140P5324Q0046_Amd_0001.pdf | ||
| Barracks_Floor_PlanII_jpg_Circled__0001.jpg | JPG image | |
| Questions_and_Answers_0001.pdf | ||
| SOW.pdf | ||
| Wage_Rate_Determination.pdf |
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Text version
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
PSN
Gatlinburg TN 37738 107 Park Headquarters Road DOI, NPS, SER - North MABO
0010796368 CODE 16. ADMINISTERED BYCODE
X
X
X
712110
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORPSN
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
08/09/2024 1600 ED
07/26/2024
3052427742Marilia Mateo (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140P5324Q0046
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 3 0040664261OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Nicholasville KY 40356 6614 Old Danville Rd, Loop 2 Camp Nelson National Monument
15. DELIVER TO
Gatlinburg TN 37738 107 Park Headquarters Road
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$34
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
NPS, SER - North MABO
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
DESIGN & INSTALL DISPLAY AV
Notice: 100% Set-Aside under the Total Small Business Procurement Program, IAW FAR Subpart 19.502.2 award will be based on Lowest Price Technically Acceptable quote meeting requirements of the specifications.
The NAICS code for this solicitation is 712110 or equivalent Contractors must
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Marilia Mateo
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
be currently listed in the System for Award
Management (SAM) as a small business for this solicitation's NAICS code. Those offers not listed as a small business for the appropriate NAICS may be deemed ineligible for further consideration.
Site Visit: N/A
Questions Due Date: Wednesday, July 31st, 2024 by
12:00 PM EST
Quotes Due Date: Friday, August 9th, 2024 @
4:00PM EST
PLEASE SUBMIT A FIRM-FIXED PRICE QUOTE AND ANY
SUPPORTING DOCUMENTS VIA EMAIL TO:
marilia_mateo@nps.gov
Please provide:
1. Approximate days to completion
2. Unique Entity Number from SAM.gov.
3. Technical Approach, materials to be used for
Digital Display.
4. Price breakdown.
Delivery: 08/25/2025
Period of Performance: 08/26/2024 to 08/25/2025
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
3 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 3
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140P5324Q0046
00010 Exhibit Displays 1 EA
Product/Service Code: 7730
Product/Service Description: PHONOGRAPHS, RADIOS, AND TELEVISION SETS: HOME TYPE
00020 Install/Services
Product/Service Code: T016
Product/Service Description:
PHOTO/MAP/PRINT/PUBLICATION- AUDIO/VISUAL
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Exhibit Display for Camp Nelson National Monument Combined Synopsis/Solicitation for Commercial Items FAR 12.603
GENERAL INFORMATION
Document Type: Combined Solicitation/Synopsis Solicitation Number: 140P5324Q0046 Posted Date: 07/26/2024 Original Response Date: 08/09/2024 Current Response Date: 08/09/2024 Product or Service Code: 7730 (Audio Entertainment System) Set Aside: Total Small Business NAICS Code: 712110 (Museums)
IMPORTANT DATES
Questions Due: 12:00PM EST Quotes Due:
Wednesay, July 31st , 2024 Friday, August 9th, 2024 4:00PM EST
DESCRIPTION
This is a combined synopsis/solicitation for a commercial item or service prepared in accordance with the format in the Federal Acquisition Regulation (FAR) 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this RFQ.
This solicitation is a request for quote (RFQ) per the Scope of Work (SOW) attached and constitutes the only posting for this requirement. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05, effective 22 May 2024.
This announcement constitutes the only solicitation. The resultant purchase order will be awarded using simplified acquisition procedures in accordance with FAR 15.304. This is a total small business set aside in accordance with FAR 19-502-2. The principle NAICS is 712110 (Museums) Size standard is $34 million in dollars. This acquisition may result in a firm fixed price award.
The National Park Service – Interior Region 2 – South Atlantic Gulf – Contracting Office is seeking to award a contract for Exhibit Display for Camp Nelson National Monument.
The Government intends to award a Firm-Fixed Price Contract to the firm that provides the best value to the Government based on technical approach, qualifications, and price as well as no active SAM.gov exclusions on record. All items and work completed are to be in accordance with the Statement/Scope of Work (SOW) provided without conducting discussions in accordance with FAR 13.106-2. The resultant contract will be awarded using simplified acquisition procedures in accordance with FAR Part 13.5.
Companies must have a valid UEI number and an active System for Award Management (www.sam.gov) registration. An offeror must ensure that they are self-certified under NAICS 712110 in the Representations and Certifications portion of www.sam.gov.
SCA WAGE DETERMINATION # WD 2015-4683 (REV. 26) DATED 05/08/2024 FOR KENTUCKY IS
APPLICABLE.
SITE VISIT:
N/A
QUESTIONS:
Email any questions to marilia_mateo@nps.gov by 07/31/2024 at 12 pm EST to be considered with subject line: Questions-140P5324Q0046. Answers to questions will be posted in the same manner as this notice. It is the Offerors responsibility to check for updated information. No oral or late questions will be accepted.
DUE DATE FOR QUOTES:
The due date response for this RFQ is No Later than Friday, 08/09/2024 at 4pm EST. Quotes shall be sent via email to marilia_mateo@nps.gov with subject line: QUOTE- 140P5324Q0046. All quoters shall complete blocks 12,13,14 through 15b of the solicitation form (SF18), the price schedule below, and acknowledge (sign) any amendments issued to this solicitation. All eligible responsible sources may submit a quote which shall be considered by the National Park Service however, late submissions will be treated in accordance with FAR 52.212-1(f).
PROPOSAL CLARITY
The proposal shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal shall not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the offeror intends to meet the requirements. The offeror shall assume that the Government has no prior knowledge of the Contractor’s capabilities and experience and will base its evaluation on the information presented in its proposal. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.
RESTRICTIONS ON DISCLOSURE AND USE OF PROPOSAL
A proposal may include data, such as technical designs or concepts, financial data, or management plans that the offeror does not want disclosed to the public for any reason, or used by the Government for any purpose other than proposal evaluation and contract award. If the offeror wishes to restrict the proposal, the offeror shall mark it in accordance with FAR 52.215-1.
DISPOSITION OF PROPOSAL
In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain the “original” copy of all proposals and supplemental documents provided. Unless the offeror requests otherwise, at the completion of this acquisition the Government will destroy all extra copies of proposals and additional documents submitted.
DISCREPENSIES
If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the CO in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.
GOVERNMENT FURNISHED PROPERTY/INFORMATION
The government will not provide any Government Furnished Property under this contract.
EVALUATION FACTORS
General Considerations. For the evaluation, the proposals will be evaluated under the following areas of consideration: price, technical ability/approach, relevant past performance/experience. The Government intends to evaluate proposals and award on initial proposals. Therefore, the offeror’s initial proposal shall contain the offeror’s best price. If multiple line items are priced, each line item will be evaluated to ensure that balanced pricing exists. If the line items are determined to be unbalanced for the offeror that presents the lowest priced technically acceptable proposal, the Government will allow that offeror the opportunity to balance the line items before award. If the offeror cannot, or chooses not to, balance the line items, the Government shall deem the offeror’s proposal as unacceptable. In addition to the evaluation of the proposal for award determination, the Government may consider your past performance from data obtained from other sources.
Basis for Award. Award will be made to the selected contractor on the basis of the “best value” Evaluated Lowest Price Technically Acceptable proposal that the Government determines can best satisfy the objectives and requirements of this Request for Proposal, in a manner most advantageous to the Government. The documents that each offeror submitted in response to the instructions for preparing the proposal will receive a thorough evaluation. Offeror’s must convey to the Government that they are capable to accomplish the work in a coordinated and timely fashion, such that all the needs of the requirement will be accomplished.
Respondents are required to address the acceptable/unacceptable Technical Factor as follows: Lowest Price Technically Acceptable Evaluation Process.
The Government will evaluate all technical proposals on an acceptable/unacceptable basis to determine all offers that meet the minimum technically acceptable requirements. Failure to meet a requirement may result in an offer being determined technically unacceptable. An unacceptable rating for any one factor makes the entire proposal unacceptable. Any costs incurred by offerors in preparing or submitting offers are the offerors’ sole responsibility; the United States Government will not reimburse any offeror for any proposal preparation costs.
The award will be based’on the best overall proposal determined to be the most beneficial to the Government based on the evaluation factors. Contract will be awarded to the offeror who is deemed responsible in accordance with the FAR, as supplemented, whose proposal conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by the solicitation). Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.
* Evaluation criteria consist of factors. The proposals will be evaluated under three (3) evaluation factors: Factor 1 – Technical Ability/Approach; Factor 2 – Past Performance; Factor 3 – Price*
Factor 1 – Technical Ability/Approach:
The offeror’s proposal provides detailed specific information. Information provided for Technical capability/approach and past performance should be relevant to this requirement as outlined in the Specifications (Construction Document), Drawings, and all other supporting documents. The offeror’s proposal shall include a safety/protection plan, and construction sequence to be able to complete this project. Failure to provide sufficient information so that the evaluation team cannot discern if the offeror has a thorough understanding of the work in question may lead to the offeror receiving an unacceptable rating.
Sub-factor: Management Approach: The contractor’s management approach clearly specifies how the contractor will accomplish all of work within the contracting requirements. The contractor’s approach clearly defines the contractor’s ability to satisfy the Government’s minimum requirements, for the design and install of four-screen statement of work documents.
Sub-factor: Quality Control Plan: The Quality Control Plan clearly demonstrates that the contractor will be able monitor and control environmental pollution and contamination as required by regulations and laws and be able to detect and correct unacceptable work performance within the timeframe specified by the Government.
Factor 2 – Past Performance:
Evaluation: This factor evaluates the past performance of the Offeror to determine the offeror’s relevant and recent performance on the same or similar requirements.
Acceptability Standard: Relevant Experience and Past Performance: The offeror’s past performance experience information will be evaluated to assess the offeror’s experience level on recent and relevant contracts for similar work.
Sub-factor: Experience
(a) Each offeror will receive a performance confidence assessment rating based on the Offeror’s recent past performance, focusing on performance that is relevant to the Contract Requirements.
(b) Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation. Past performance information that fails to meet this condition will not be evaluated.
© Relevancy Assessment. To be relevant, the effort must be similar in nature of work, size, and scope.
The Government will conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same or similar in nature of work, size, and scope to the services/products being procured under this solicitation. Recent past performance is defined as not more than three (3) years from the request for proposal release date; relevant in terms of similar nature of work, size and scope.
Factor 3 – Price:
The techniques and procedures described under FAR Part 15 .404 will be the primary means of assessing price submission reasonableness. To be viable for award, offeror’s price must be determined fair and reasonable.
TECHNICAL RATINGS:
Technical Acceptable/ Unacceptable Ratings Rating Description Acceptable Proposal clearly meets or exceeds the minimum requirements of the solicitation.
Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.
PAST PERFORMANCE RATING:
Past Performance Acceptable/ Unacceptable Ratings Rating Description Acceptable Based on the offeror’s performance record, the
Government has a reasonable expectation that the offeror will successfully perform the required effort.
Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.
All of the above Evaluation Criteria will be evaluated on an “Acceptable/Unacceptable” basis. In order to receive an Acceptable for Factor 1 (Technical), the sub-factors must receive an Acceptable. In order to receive an Acceptable for Factor 2 (Past Performance), the sub-factor must receive a rating of Acceptable.
Technical and Past Performance, when combined, are approximately equal to cost/price.
The Government reserves the right to reject any or all proposals if such action is deemed in the best interest of the Government.
Lists of Documents, Exhibits, and Other Attachments:
ATTACHMENT
NUMBER
ATTACHMENT TITLE DATE DOCUMENT
VERSION
001 Scope of Service Base 002 SCA Wage Determinations 7/25/2024 Base
THE FULL TEXT OF FAR CLAUSES MAY BE ACCESSED ELECTRONICALLY AT:
http://acquisition.gov/comp/far/index.html.
THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:
52.202-1 Definitions JUNE 2020
52.204-7 System for Award Management OCT 2018
52.204-8 Annual Representation and Certifications MAY 2024
52.204-13 System for Award Management Maintenance OCT 2018
52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-17 Ownership or Control of Offeror AUG 2020
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014
52.204-20 Predecessor of Offeror AUG 2020
52.204-22 Alternative Line-Item Proposal JAN 2017
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-26 Covered Telecommunications Equipment or Services -Representation OCT 2020
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation
NOV 2015
52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under Federal Law
FEB 2016
52.212-1 Instructions to Offerors – Commercial Items SEP 2023
52.212-3 Offeror Representation and Certifications –Commercial Items MAY 2024
52.212-4 Contract Terms and Conditions – Commercial Items NOV 2023
52.219-1 Small Business Program Representations FEB 2024
52.225-1 Buy American Supplies OCT 2022
52.225-2 Buy American Certificate OCT 2022
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.
JUNE 2020
52.232-1 Payments APR 1984
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Contractors MAR 2023
52.242-15 Stop Work Order AUG 1989
52.243-1 Changes – Fixed – Price AUG 1987
52.246-4 Inspection of Services-Fixed-Price AUG 1996
52.249-4 Termination For Convenience of the Government (Services)(Short Form) APR 1984
NOTE
OFFERORS MUST COMPLETE ANNUAL REPRESENTATIONS AND CERTIFICATIONS ON-LINE AT
HTTPS://SAM.GOV IN ACCORDANCE WITH FAR 52.212-3, OFFERORS REPRESENTATIONS AND
CERTIFICATIONS–COMMERCIAL ITEMS. IF PARAGRAPH (J) OF THE PROVISION IS APPLICABLE, A WRITTEN
SUBMISSION IS REQUIRED.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS-COMMERCIAL ITEMS.
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (MAY 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C.
3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
THE FOLLOWING SUBPARAGRAPHS OF FAR 52.212-5 ARE APPLICABLE:
52.203-6 Restrictions on Subcontractor Sales to the Government (NOV 2021), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).
52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of 2009
(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions.))
52.204-14 Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111 – 117, section 743 of Div.
C.)
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644) 52.219-8 Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).
52.219-13 Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r) 52.219-14 Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s) 52.219-28 Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).
52.222-3 Convict Labor (JUN 2003)(E.O. 11755) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126).
52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEPT 2016) (E.O. 11246) 52.222-35 Equal Opportunity for Veterans (June 2020) (38 U.S.C. 4212).
52.222-36 Equal Opportunity for Workers with Disabilities (JUNE 2020) (29 U.S.C. 793) 52.222-37 Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
52.222-50 Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (JUN 2020) (E.O.
13513) 52.225-1 Buy American-Supplies (OCT 2022) (41 U.S.C chapter 83) 52.225-3 Buy American Act-Free Trade Agreements-Israeli Trade Action (NOV 2023) (41 U.S.C. 10a-10d
19 U.S.C. 2112 note Pub. L 108-77 108-78 108-286 109-53 and 109-169) (ii) Alternate I (MAY 2014)
52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
52.232-30 Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018)(31 U.S.C.
3332)
52.242-5 Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).
52.222-41 Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple
Year and Option Contracts)(AUG 2018)(29 U.S.C. 2016 and 41 U.S.C. chapter 67) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY
2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
52.222-55 Minimum Wages Under Executive Order 13658 (JAN 2022) (E.O. 13658), 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022)(E.O. 13706)
CLAUSES INCORPORATED BY FULL TEXT
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. (FEB 1999)
The offeror represents that— It ___ has, ___ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
It ___ has, ___ has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
52.222-25 AFFIRMATIVE ACTION COMPLIANCE. (APR 1984)
The offeror represents that –
(a) It * has developed and has on file, * has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or
(b) It * has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
52.222-55 -- MINIMUM WAGES UNDER EXECUTIVE ORDER 14026. (JAN 2022)
(a) Definitions. As used in this clause— United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.). Worker –
(1) (i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and–
(A) Whose wages under such contract are governed by the Fair Labor Standards Act ( 29 U.S.C. chapter 8), the Service Contract Labor Standards statute ( 41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute ( 40 U.S.C. chapter 31, subchapter IV);
(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and
(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.
(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).
(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.
(2) (i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and
(ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract. (b) Executive Order Minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.
(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor’s Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O.
minimum wage on https://www.sam.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.
(3) (i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers’ compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.
(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.
(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.
(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.
(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker’s wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.
(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.
(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage.
However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.
(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.
(10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and
23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.
(c) (1) This clause applies to workers as defined in paragraph (a). As provided in that definition– (i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;
(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and
(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.
(2) This clause does not apply to–
(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;
(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-
(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a) ;
(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b) ; and
(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).
(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.
(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:
(i) Name, address, and social security number;
(ii) The worker’s occupation(s) or classification(s);
(iii) The rate or rates of wages paid;
(iv) The number of daily and weekly hours worked by each worker;
(v) Any deductions made; and
(vi) Total wages paid.
(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.
(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator. (
4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 23.260 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.
(5) Nothing in this clause limits or otherwise modifies the Contractor’s payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.
(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.
(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.
(h) Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor’s compliance with Department of Labor regulations at 29 CFR part 23. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.
140P5323Q0004 – Blue Ridge Parkway Water Tank Cleaning
(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.
(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.
(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.
DIAR 1452.228-70 LIABILITY INSURANCE – DEPARTMENT OF THE INTERIOR (JUL 1996)
(a) The contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
$100,000 each person $500,000 each occurrence $500,000 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.
(END OF CLAUSE)
DIAR 1452.201-70 AUTHORITIES AND DELEGATION (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence.
Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of clause)
1452.204-70 RELEASE OF CLAIMS – DEPARTMENT OF THE INTERIOR (JUL 1996).
After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–137) shall be used for this purpose.
The form provides for exception of specified claims from operation of the release.
(End of clause)
52.252-2 Clauses Incorporated by Reference.
As prescribed in 52.107(b), insert the following clause:
Clauses Incorporated By Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: WWW.ACQUISITION.GOV
Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (February 2021)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: The contractor shall utilize the attachments feature in the lower right hand corner of the IPP invoicing screen to attach a copy of invoices. Vendor invoice must include name and address of the Contractor; invoice date and number; contract number, description, quantity, unit of measure, unit price and extended price of the services provided and the completion date.
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 St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov 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.
(End of Local Clause)
DOI AGENCY PROTESTS
a) Interested parties may request an independent review at a level above the Contracting Officer of protests filed directly with the agency. This review is available as an alternative to consideration of the protest by the Contracting Officer or as an appeal of the Contracting Officer’s response to the protest.
An interested party may:
1) Protest to the Contracting Officer;
2) Protest directly to the Bureau Procurement Chief without first protesting to the Contracting
Officer; or
3) Appeal a Contracting Officer’s decision to the Bureau Procurement Chief.
b) Request for Bureau Procurement Chief review should be address to:
Marilia Mateo, Contracting Officer (470)819-0933 Marilia_Mateo@nps.gov
c) Requesting independent agency review will not extend the Government Accountability Office’s (GAO) timeliness requirements. Any subsequent protest to the GAO must be filed within 10 days of knowledge of initial adverse agency action (see 4 CFR 21.2 (a) (3).)
File details come from the government source that posted it. Updated .