Sol_140P5324R0026.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 CALL

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040654850

NPS, SER - North MABO

107 Park Headquarters Road

Gatlinburg TN 37738

PSN

Geraldine Larsen

1x 07/16/2024

140P5324R0026

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

Mammoth Cave National Park:

RECONSTRUCT DETERIORATING SECTIONS OF THE HERITAGE TRAIL & BOARDWALK

PLACE OF PERFORMANCE POSTAL CODE: 1 Mammoth Cave Pkwy, Mammoth Cave, KY 42259, Edmonson County, KY

This acquisition is 100% Total Small Business Set-Aside

The primary NAICS code for this requirement is 237990 Other Heavy and Civil

Engineering Construction; Size Standard: 36.5.

Per FAR Subpart 36.204, the magnitude of construction is estimated.

(f) Between $1,000,000 and $3,000,000.

Type of Contract: Firm-Fixed Price Construction.

Period of Performance: 9/09/2024-9/08/2025

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.)

10 365 calendar days and complete it within ________________ ________________ calendar days after receiving

08/14/2024

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. 12/2022)

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 THE UNITED STATES CODE AT

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 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

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.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5324R0026

Important dates:

Request for Proposal Closes 8/14/2024. NOON PM

ED.

Site Visit Monday 7/29/2024 1:00 pm CENTRAL TIME email geraldine_larsen@nps.gov to request to attend no later than 7/26/2024 NOON ED.

Vendor question cutoff 8/7/2024 NOON ED send all questions to: geraldine_larsen@nps.gov, all responses will be posted as an amendment.

Reference solicitation number# 140P5324R0026 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.

Documents to Submit with Proposal:

1.Technical Approach

2.Identify of key Personnel's identity, who will manage on-site work and their qualifications.

3.SF 1442 signed and amendments.

4.Bid Guarantee, email copy to geraldine_larsen@nps.gov

The Technical proposal should be specific and complete. Legibility, clarity and coherence are very important. The solicitation requirements 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 in the RFP.

All of the evaluation criteria must be met 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

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5324R0026

Specialist/Buyer: geraldine_larsen@nps.gov

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.

NO PHONE CALLS will be accepted.

Delivery: 09/08/2025

Delivery Location Code: 0009060308

NPS, Mammoth Cave NP

P O Box 7

NPS Warehouse, 61 Maintenance Rd

Mammoth Cave KY 42259 US

Period of Performance: 09/09/2024 to 09/08/2025

Multiple Funding sources, provide pricing on

Contract Price Schedule Template

00010 318788A, Rehab Heritage Trail (Donation)

Product/Service Code: Y1PZ

Product/Service Description: CONSTRUCTION OF

OTHER NON-BUILDING FACILITIES

Multiple Funding sources, provide pricing on

Contract Price Schedule Template

00020 318788B. Rehab Heritage Trail (Centenl)

Product/Service Code: Y1PZ

Product/Service Description: CONSTRUCTION OF

OTHER NON-BUILDING FACILITIES

Multiple Funding sources, provide pricing on

Contract Price Schedule Template

Continued ...

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

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5324R0026

00030 318788C, Rehab Heritage(Conc)

Product/Service Code: Y1PZ

Product/Service Description: CONSTRUCTION OF

OTHER NON-BUILDING FACILITIES

Multiple Funding sources, provide pricing on

Contract Price Schedule Template

00040 217852A, Reconstruct Heritage (RERE)

Product/Service Code: Y1PZ

Product/Service Description: CONSTRUCTION OF

OTHER NON-BUILDING FACILITIES

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

140P5324R0026 MACA Heritage Trail

DOI ELECTRONIC INVOICING 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 – BID SCHEDULE ........................................................................................................................ B-8

B.1 PRICE/COST SCHEDULE ............................................................................................................................ B-8

B.2 SUPPLIES AND/OR SERVICES TO BE FURNISHED ............................................................................... B-8

B.3 CONSIDERATION -- FIXED-PRICE ........................................................................................................... B-8

SECTION C – SPECIFICATIONS/DRAWINGS ............................................................................................ C-8

C.1 STATEMENT OF OBJECTIVES/SPECIFICATIONS ................................................................................. C-8

SECTION D - PACKAGING AND MARKING (N/A) .................................................................................... D-8

SECTION E - INSPECTION AND ACCEPTANCE ....................................................................................... E-8

E.1 Inspection of Construction (AUG 1996) .......................................................................................................... E-8

E.2 INSPECTION AND ACCEPTANCE .............................................................................................................. E-9

SECTION F - DELIVERIES OR PERFORMANCE........................................................................................ F-9

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ................................... F-9

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OFWORK ALT 1 (APR 1984) .F-9

F.3 PRINCIPAL PLACE OF PERFORMANCE ................................................................................................. F-10

SECTION G - CONTRACT ADMINISTRATION DATA ........................................................................... G-10

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS .............................................................................. G-10

G.2 INVOICES.................................................................................................................................................... G-10

SECTION H - SPECIAL CONTRACT REQUIREMENTS ......................................................................... H-10

H.1 1452.228-70 Liability Insurance (JUL 1996) ............................................................................................... H-10

H.2 1452.236-70 Prohibition Against use of Lead-based Paint – Department of the Interior (JUL 1996) ......... H-11

H.3 Notice to Contractors – Contractor performance Assessment Reporting System ........................................ H-11

PART II - CONTRACT CLAUSES ................................................................................................................... I-12

SECTION I - CONTRACT CLAUSES ............................................................................................................. I-12

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE .................................. I-12

I.4 52.219-14 Limitations on Subcontracting (FEB 2022)(Deviation OCT 2022) ................................................ I-14

I.5 52.219-28 Post – Award Small Business Program Representation (FEB 2024) .............................................. I-15

I.6 52.223-9 Estimate of Percentage of revered Material Content for EPA – Designated Items (MAY 2008) .... I-17

I.7 52.228-15 Performance and Payment Bonds – Construction JUN 2020) ........................................................ I-17

I.8 52.232-16 Progress Payments (NOV 2021) .................................................................................................... I-18

I.9 52.232-18 Availability of Funds (Apr 1984) ................................................................................................... I-22

I.10 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) ............................................................ I-22

I.11 52.236-2 Differing Site Conditions (APR 1984) .......................................................................................... I-26

I.12 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) .............................................. I-27

I.13 52.236-5 Material and Workmanship ............................................................................................................ I-27

I.14 52.236-6 Superintendence by the contractor. (APR 1984) ........................................................................... I-27

I.15 52.236-21 Specifications and Drawings for Construction (FEB 1997) ........................................................ I-28

I.16 52.246-21 Warranty of Construction (MAR 1994) ........................................................................................ I-29

I.17 1452.201-70 Authorities and Delegations- Department of Interior (SEP 2011) ........................................... I-30

I.18 1452.203-70 Restrictions on Endorsements– Deparmtent of Interor (JULY 1996) ..................................... I-30

I.19 1452.204-70 Release of Claims —Department of Interior (JUL 1996).......................................................... I-30

I.2 CONTRACTING OFFICER REPRESENTATIVE ........................................................................................ I-30

I.2 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS .................................................... I-31

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ................................. J-32

SECTION J - LIST OF ATTACHMENTS ...................................................................................................... J-32

PART IV - REPRESENTATIONS AND INSTRUCTIONS ......................................................................... K-32

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS........................................................................................................................................................ K-32

K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) ........................ K-32

K.2 52.204-8 ANNUAL REPRESENTATIONS & CERTIFICATIONS (MAY 2024) ..................................... K-33

K.3 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (Nov 2021) ....................................................................................................................................... K-35

K.4 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) ................... K-37

K.5 52.204-29 Federal Acquisition Supply Chain Security Act Orders – Representation and Disclosures

(DEC 2023) .......................................................................................................................................................... K-37

K.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)....................... K-38

K.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (FEB 2024) ........................................ K-39

K.8 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999). ............................. K-41

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS ............................... L-42

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE ..................... L-42

L.2 52.216-1 TYPE OF CONTRACT (APR 1984) ............................................................................................. L-42

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

WORK (MAY 2014) ............................................................................................................................................ L-42

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

(MAY 2014) ......................................................................................................................................................... L-42

L.5 52.228-1 Bid Guarantee ................................................................................................................................ L-43

L.6 52.233-2 SERVICE OF PROTEST (SEP 2006) ............................................................................................ L-43

L.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) .................. L-44

L.8 PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS ...................................................... L-45

SECTION M - EVALUATION FACTORS FOR AWARD ......................................................................... M-48

SECTION M – EVLAUTATION FACTORS FOR AWARD…………………………………….……………M-49

PART I - THE SCHEDULE

SECTION B – BID SCHEDULE

B.1 PRICE SCHEDULE

SCHEDULE A

Period of Performance: 9/9/2024-9/08/2025

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 Attachment #11 Price Schedule

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK/SPECIFICATIONS

The Project Specifications attachment #1

SECTION D - PACKAGING AND MARKING (N/A)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition."Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this-section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The

Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The

Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may-

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the

Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the

Government’s rights under any warranty or guarantee.

E.2 INSPECTION AND ACCEPTANCE

Final inspection and acceptance shall be by the Contracting Officer Representative (COR) at:

Inspection: Mammoth Cave National Park: Rehab Heritage Trail

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

52.242-14 Suspension of Work APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

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

F.3 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at: Mammoth Cave National Park: Rehab Heritage Trail

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: Chad Johnson

G.2 INVOICES

DOI ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

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 A Contractor generated Invoice signed by the COR. Also, the contractor must submit certified payrolls and release of claims for final payment.

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)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 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.2 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.3 NOTICE TO CONTRACTORS-CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC

2015)

1. FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of the

Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

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

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

Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

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

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

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

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

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

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

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

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

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

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

CPARS, contact the CO for instructions.

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

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

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

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

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

52.202-1 DEFINITIONS JUNE 2020

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-17 Contractor Employee Whistleblower Rights NOV 2023

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-

TIER SUBCONTRACT AWARDS JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. OCT 2018

52.204-19 Incorporation by Reference of Representation and Certifications DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software and Services

Developed or provided by Kaspersky Lab Covered Entities DEC 2023

52.204- 25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

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

CONTRACTING WITH CONTRACTOR’S DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT NOV 2021

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS OCT 2018

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS-REPRESENTATON NOV 2015

52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders Commercial Products and Commercial Services. MAY 2024

52.212-5 Alternate II FEB 2024

52.213-4 Terms and Conditions Simplified Acquisitions

(Other Than Commercial Products and Commercial Services). MAY 2024

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

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020

52.219-8 Utilization of Small Business Concerns FEB 2024

52.219-28 Post award Small Business Program Representation FEB 2024

52.222-3 CONVICT LABOR. JUN 2003

52.222-6 CONSTRUCTION WAGE REQUIREMENTS AUG 2018

52.222-7 WITHHOLDING OF FUNDS. MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS. JUL 2021

52.222-9 APPRENTICES AND TRAINEES. JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS. FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS). MAY 2014

52.222-12 CONTRACT TERMINATION - DEBARMENT. MAY 2014

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT

REGULATIONS. MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS. FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY. MAY 2014

52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR 2015

52.222-26 EQUAL OPPORTUNITY. SEPT 2015

52.222-27 Affirmative Action Compliance Requirements for Construction APRI 2015

52.222-34 Project Labor Agreement JAN 2024

52.222-34 Alternate I JAN 2024

52.222-34 Alternate II JAN 2024

52.222-35 EQUAL OPPORTUNITY VETERANS JUN 2020

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES. JUN 2020

52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN 2020

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT DEC 2010

52.222-50 COMBATING TRAFFICKING IN PERSONS. NOV 2021

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION MAY 2022

52.222-50 Alternative I MAR 2015

52.223-2 Reporting of Biobased Products Under Service and

Construction Contracts. MAY 2024

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION. MAY 2024

52.223-6 Reserved MAY 2024

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners MAY 2024

52.223-18 Reserved MAY 2024

52.223-20 Aerosols MAY 2024

52.223-21 Foams MAY 2024

52.223-23 Sustainable Products and Service MAY 2024

52.225-9 Buy American – Construction Materials OCT 2022

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. FEB 2021

52.226-7 Drug-Free Workplace. MAY 2024

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-11 PLEDGES OF ASSETS FEB 2021

52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014

52.232-16 PROGRESS PAYMENTS, ALT 1 JUN 2020

52.232-23 ASSIGNMENT OF CLAIMS. MAY 2014

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR

AWARD MANAGEMENT. OCT 2018

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTOR MAR 2023

52.233-1 DISPUTES. MAY 2014

52.233-3 PROTEST AFTER AWARD. AUG 1996

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

52.236-7 Permits and Responsibilities NOV 1999

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structure, Equipment, Utilities

And Improvements APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984

52.236-26 PRECONSTRUCTION CONFERENCE. FEB 1995

52.243-5 CHANGES AND CHANGED CONDITIONS APR 1984

53.244-6 Subcontractors for commercial products and Services FEB 2024

52.248-3 VALUE ENGINEERING-CONSTRUCTION OCT 2020

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022) (DEVIATION OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

https://www.acquisition.gov/far/part-52#FAR_52_236_10 https://www.acquisition.gov/far/part-52#FAR_52_236_11

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code , cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause – x By the end of the base term of the contract and then by the end of each subsequent option period; or

__ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture.

Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

I.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether https://www.acquisition.gov/far/52.217-8#FAR_52_217_8 https://www.ecfr.gov/current/title-13/part-121 affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 237990, if the acquisition—

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph

(b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to contract number _____.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.]

The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.]

The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The

Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13…