Sol_140P5420R0029.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040489252

NPS, SER - South MABO

40001 SR 9336

Homestead FL 33034

PSS

William Vazquez 305-242-7793

1x 07/08/2020

140P5420R0029

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

Proposals for the Preservation and Stabilization of Engineering Officers' Quarters &

Front 4 Curtain Magazine at Dry Tortugas National Park, must be submitted via email to william_vazquez@nps.gov. This solicitation is a 100% total small business set aside.

Solicitation #: 140P5420R0029

Date of Issuance: July 8, 2020

Proposal Due Date: August 7, 2020 at 1:00 PM Eastern Time

Requisition #: 0040489252

Contractors are responsible to review the solicitation in its entirety, specifically

Sections L and M, which cover how the proposal must be put together before submission and how they will be evaluated. A past performance questionnaire is attached and should be distributed to past clients with projects that are the same or similar in nature to this solicited project. Past clients are instructed to send the questionnaires directly to william_vazquez@nps.gov after completion.

Questionnaires not sent this way will not be accepted. Prospective contractors must provide the company's name and complete address, including street, city, state, zip code, phone number, email address, and DUNS number on their proposal cover page.

Prospective contractors must also include the solicitation number on their proposals.

A Bid Guarantee is required to be submitted with your proposal at 20% of the bid

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 240 calendar days and complete it within ________________ ________________ calendar days after receiving

08/07/2020

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

NPS, SER - South MABO

40001 SR 9336

Homestead FL 33034

PSS

William Vazquez

28. NEGOTIATED AGREEMENT 29. AWARD

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

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 64

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5420R0029 total.

Legacy Doc #: NPS

Delivery: 11/30/2022

Delivery Location Code: 0009060296

NPS, Dry Tortugas NP

40001 State Road 9336

Homestead FL 33034 US

Period of Performance: 07/01/2020 to 11/30/2022

Stabilize Engineering Officer's Quarters

00010 Stabilize Engineering Officer's Quarters

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

00020 Repair Front 4 Curtain Magazine

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

FOB: Destination

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

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION A –SF 1442 (Solicitation/Contract Form) SECTION B –Supplies or Services and Price Cost (See SF 1442 (block 17 for offer) SECTION C --Specifications ................Work and Schedule Considerations SECTION D-Packaging and Marking ................Postage and Markings SECTION E -- Inspection and Acceptance .............. Inspection of Construction ...............Warranty of Construction SECTION F -- Deliveries or Performance ...............Commencement, Prosecution, and Completion of Work ...............Suspension of Work SECTION G -- Contract Administration Data ...............Contract Administration ...............Authorities & Delegations (subcontracting & Site Administration) SECTION H -- Special Contract Requirements ...............EO – Prohibition of Text Messaging while Driving ...............Progress Meetings ...............Operation of Facility during Construction ...............Contractor Employees

PART II – CONTRACT CLAUSES

SECTION I -- Contract Clauses ...............Clauses by Reference ...............Release of Claims - Department of Interior ...............Liability Insurance - Department of Interior ...............System for Award Management ...............Accident Prevention ...............Specifications and Drawings for Construction ...............Value Engineering – Construction

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – List of Attachments ...............Final Specifications (Atch 1) ...............Statement of Work (Atch 2) ...............EOQ Drawings (Atch 3) ...............Curtain Magazine Drawings (Atch 4) ...............EOQ Final Report (Atch 5) ...............Curtain Magazine Final Report (Atch 6) ...............Wage Determination (Atch 7) ...............Past Performance Questionnaire (Atch 8)

PART IV – REPRESENTATIONS AND INSTRUCTIONS

Section K - Representations, Certifications, and Other Statements of Offerors ................Representations, Certifications SECTION L -- Instructions, Conditions and Notices to Bidders ................Instruction for Proposal Submission ................Solicitation Provision Incorporated by Reference ................Instruction to Offerors ................Site Visit (Construction) SECTION M -- Evaluation Factors for Award ................Evaluation Factors for Award

Section A: Contract Form

SITE LOCATION: Fort Jefferson, Dry Tortugas National Park, approximately 70 miles Southwest of Key West, FL

PROJECT TITLE: Preservation and Stabilization of Engineering Officers’ Quarters (EOQ) & Front 4 Curtain Magazine

SUBMISSION OF DOCUMENTS: Your offer must include the following Sections and Forms:

SF-1442, SOLICITATION, OFFER AND AWARD. PLEASE NOTE: The SF-1442 must be signed, and dated, and Blocks 14 through 20c must be completed.

SF-1442, ITEM 17, Offeror is cautioned to review acceptance time stated in Item 13d prior to completing this item.

Proposals offering less than specified time will cause proposal to be rejected.

SECTION B, Price Schedule

SECTION K, REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

OFFERS MUST BE SUBMITTED VIA EMAIL TO: william_vazquez@nps.gov

PERFORMANCE/PAYMENT BONDS – Successful offeror will be required to furnish Performance and Payment bonds on Standard Forms 25 and 25A based on total contract amounts within the following ranges: 100 percent performance bond, 100 percent payment bond. Offerors are now advised that the Government will inspect, accept and take possession of completed work and release the bonding upon completion/acceptance of the work in accordance with FAR 28.203-5.

mailto:william_vazquez@nps.gov

Section B – Price Schedule

The contractor should provide all labor, parts, tools, equipment, supervision and all incidentals as necessary to preserve and stabilize the Engineering Officers’ Quarters (EOQ) & Front 4 Curtain Magazine under attached specifications and drawings.

Price Schedule

Award Number:

PARK - PMIS: 251834A and 251834B

Project Title: Preservation and Stabilization of Engineering

Officers’ Quarters (EOQ) & Front 4 Curtain Magazine

Contract Line Item Number

Contract Line Item

Quanti ty

Unit of

Measure

Unit Price

Total Price

1 Stabilize EOQ 1 Lump Sum

2 Repair Front 4 Curtain Magazine 1 Lump Sum

TOTAL PROPOSED PRICE:

NOTE: A DETAILED COST BREAKOUT MUST ACCOMPANY YOUR LUMP SUM BIDS.

Section C – Specifications/Drawings

Final Specifications Attachment 001

Statement of Work Attachment 002

EOQ Drawings Attachment 003

Curtain Magazine Drawings Attachment 004

EOQ Final Report Attachment 005

Curtain Magazine Final Report Attachment 006

Wage Determination Attachment 007

Past Performance Questionnaire Attachment 008

Section D – Packaging and Marking

D.1 Payment of Postage and Fees

The Contractor will pay all postage and fees concerning submitting information forms, reports, etc., to the Contracting Officer (CO) or the Contracting Officer’s Representative (COR).

D.2 Marking

The Contractor will indicate in bold CAPS, the contract’s Contract Number on all information it submits to the CO or the COR.

Section E – Inspection and Acceptance

E.1 FAR 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 CO 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 CO’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 CO. 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 re-inspection 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 CO shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was 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 CO 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. (End of clause)

E.2 52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government owned or controlled real or personal property, when that damage is the result of

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(c) The CO shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall–

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be signed, in writing, for the benefit of the Government, if directed by the CO; and

(3) Enforce all warranties for the benefit of the Government, if directed by the CO.

(h) If the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that result from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

Section F – Deliveries or Performance

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK 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 240 calendar days after receiving the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.2 52.236-01 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the CO determines that the reduction would be to the advantage of the Government.

F.3 52.242-14 SUSPENSION OF WORK APR 1984

(a) The CO may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the CO determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the CO in the administration of this contract, or (2) by the CO’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed–

(1) For any costs incurred more than 20 days before the Contractor shall have notified the CO in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

Section G – Contract Administration Data

G.1 Contracting Officer’s Representative(s) for this contract will be:

Jorge Balboa Historic Architect Everglades National Park Dry Tortugas National Park 40001 State Road 9336 Homestead, FL 33034 jorge_balboa@nps.gov

G.2 Contract Officer responsible for administering this contract:

William Vazquez

Contracting Officer IR2, South Atlantic Gulf South Contracting Office 40001 State Road 9336 Homestead, FL 33034 Work: (305) 242-7793 william_vazquez@nps.gov

G.3 TECHNICAL DIRECTION

The performance of the work required in this contract shall be subject to the COR’s or his designee’s technical direction and surveillance. As used in this contract, “technical direction” is direction to the Contractor which requires pursuit of certain lines of inquiry, filing in details or otherwise serving to accomplish the contract specifications. The technical direction, to be valid:

(a) Must be issued in writing consistent with the general scope of the work stated in the contract;

(b) May not constitute a new assignment of work changes to the expressed terms, conditions, or specifications incorporated into this contract;

(c) Shall not constitute a basis for extension of the contract delivery schedule.

Nothing contained in this part authorizes the Contractor to incur costs in excess of the contract price or other limitation of funds stated in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless before commencing such work, the Contractor:

1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.

G.4 CORRESPONDENCE

Any correspondence initiated by the Contractor shall include the Contract Number and shall be addressed to the CO (original and one copy) at the address provided in the clause entitled “Contractor Administration”.

G.5 CONTRACT PAYMENTS

The Contractor shall submit invoices to the CO for the percentage of work completed. Contractor and COR at the site must agree on the percentage of work completed.

G.6 JOB SITE ADMINISTRATION

The COR will be available at the site to inspect the work as it progresses. The COR is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor’s Superintendent must contact the COR regarding such decisions and directions.

The Contractor shall have a competent superintendent (the “Contractor’s Superintendent”) who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor’s behalf; and (iii) to be present on the job site at all times when contract work is being performed.

mailto:jorge_balboa@nps.gov mailto:william_vazquez@nps.gov

G.7 PAYROLL RECORDS

The Prime Contractor is responsible for furnishing the CO with one (copy of the Weekly Payroll Form WH-347 or equivalent) to include payroll records for his/hers subcontractor’s. Payroll records shall be submitted within seven (7) days after the close of the payroll period and numbered in consecutive order. The Prime Contractor shall review all subcontractors’ payroll and ensure that all employees are paid under the Wage Determination, which is a part of this contract.

The Prime Contractor shall ensure that compliance is met. The Contractor is subject to the Wage and Hour Dept., U.S. Department of Labor.

G.8 SUBCONTRACTING

The Prime Contractor shall complete a Standard Form (SF1413) for each subcontractor and submit the form to the CO. No subcontractor shall be allowed on the site without a signed SF 1413. The Prime shall be held responsible for ensuring that his/hers subcontractor’s DO NOT subcontract any portion of this work. The Prime Contractor is responsible to ensure that all subcontractors carry sufficient insurance under this contract.

Section H – Special Contract Requirements

H.1 Executive Order 13513 Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government While Driving as prescribed in Federal Leadership on Reducing Text Messaging While Driving

Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving (Oct 2009)

This Executive Order introduces a Federal Government-wide Prohibition on the use of text messaging while driving on official business or while using Government –supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or –rented vehicles, government-owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on the behalf of the government.

(End of order)

H.2 GENERIC GENDER TERMINOLOGY

Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as “it” or “their”.

H.3 SAFETY

The Contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Occupational Safety and Health Act (OSHA) or Federally approved State equivalent(s); the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA) and Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

H.4 PROGRESS MEETINGS

(a) The Contractor shall be available to meet with the CO or his/her representative at the job site during construction to discuss work progress.

(b) Meetings will be scheduled by the CO with timely notification to the Contractor.

(c) At the progress meetings, the Contractor shall give oral the CO progress reports on the project. If the work is behind schedule, the Contractor shall must (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule; or, if necessary (iii) to propose a revised work schedule.

H.5 Payrolls

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

H.6 OPERATION OF FACILITY DURING CONSTRUCTION

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

The contractor must coordinate with the COR for any temporary measures. All temporary measures employed shall be at the Contractor’s expense and shall be removed upon completion of the contract.

H.7 WORK HOURS

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

H.8 USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Government land or lands administered by the Government, written permission shall be obtained through the CO. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

(b) Unless provided otherwise, the Contractor shall provide and maintain sanitation facilities for the workforce at the site. Solid waste shall be disposed of under applicable federal, state, and local regulations.

H.9 MAXIMUM WORK WEEK

The maximum workweek that will be approved is 40 hours. The Contractor’s proposed hours of work are to include daily starting and stopping times.

H.10 EXCAVATION AND UTILITY CLEARANCES

The Chief of Maintenance, for each park, shall ensure that the Contractor is provided with necessary excavation and utility clearances. The Contractor shall request such clearances and staking in writing to the CO no less than ten calendar days before the date which s/he anticipates commencement of work. The Contractor will not proceed with excavation of any kind until such clearances have been issued. Clearances will be valid from the date of issue or completion of, or otherwise directed by the issuing authority.

H.11 DISPOSAL

Contractor will dispose debris, rubbish, and non-usable material resulting from under this contract in a manner that meets federal, state and local laws.

H.12 CONTRACTOR EMPLOYEES

(a) Contractor will dispose all debris, rubbish and non-useable material from the site and all federal property in a manner that meets federal, state, county and local laws.

(b) The Contractor shall furnish sufficient personnel to perform, supervise and manage all work.

(c) Contractor employees shall conduct themselves in a proper, efficient, courteous and business-like manner.

(d) The Contractor shall remove from the site any individual whose continued employment the CO deems to be contrary to public interest or inconsistent with the policies of the National Park Service.

H.13 PERMITS

The contractor shall, without additional expense to the government, obtain all appointments, licenses, and permits required to perform work under this contract. Contractor will provide evidence of all permits and licenses to the CO before the work commences and will always display them on the job site.

H.14 QUALITY OF WORK

Workmanship shall be of the highest quality and best practices of the trade. Contractor shall conform to all requirements of the state and county code, ANSI A 10.6 and applicable codes of the National Fires Protection Association. All replacement materials shall conform to the manufacturer specifications and standards. Substitute items shall be equal to or better that the original material and must be approved by the Government.

H.15 COMPLETION OF WORK

The time stated for completion of the project includes all materiel procurement, payroll records, corrections of all discrepancies (Punch List Items), and final clean up on premises as stated in the clause “Commencement, Prosecution and Completion of Work”, FAR 52.211-10 (APR 1984) Section F.

H.16 MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the clause entitles “Materials and Workmanship”, FAR 52.236-5 (APR 1984), Section I, shall be submitted to the CO through the COR in five (5) copies. The Denver Service Center Form (DSC-1) entitled “Transmittal USDI, National Park Service”, shall be used. Contractor shall re-submit any disapproved submittals within seven (7) calendar days of disapproval.

H.17 ARCHEOLOGICAL FINDINGS

Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found within the construction area, are the property of and will be removed and only by the Government. Should Contractor’s operations uncover, or his employees find any archeological remains, Contractor shall suspend operations at the site of discovery; notify CO immediately of the findings; and continue operation in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for the contractor, he will be compensated by an equitable adjustment under the General Provision of the Contract.

H.18 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) APRIL 2013

Payment requests must be submitted electronically through the U. S. Department of the Treasury’s Invoice Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

http://www.ipp.gov/ http://www.ipp.gov/

The contractor must submit to the CO and the COR the payroll for the general contractor and any applicable sub-contractors and an updated schedule.

The contractor must us 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 instruction via email from the Federal Reserve Bank of Boston (FRBB) before the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

(End of Local Clause) mailto:ippgroup@bos.frb.org

SECTION I – CONTRACT CLAUSES

I.1 52.252-02 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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet/far.gov

Clause Title Date 1452.203-70 Restriction on Endorsements Jul 1996 1452.215-70 Examination of Records by the Department of the Interior Apr 1984 1452.224-01 Privacy Act Notification (July 1996) Deviation Jul 1996 1452.236-70 Prohibition Against Use of Lead-based Paint Jul 1996 52.202-01 Definitions Jun 2020 52.203-03 Gratuities Apr 1984 52.203-05 Covenant Against Contingent Fees May 2014 52.203-06 Restrictions on Subcontractor Sales to the Government Jun 2020 52.203-07 Anti-Kickback Procedures Jun 2020 52.203-08 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity May 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

Jun 2020

52.204-01 Approval of Contract Dec 1989 52.204-04 Printed or Copied Double-Sided on Recycled Paper May 2011 52.209-06 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment Jun 2020

52.215-02 Audit and Records–Negotiation Jun 2020 52.215-08 Order of Precedence–Uniform Contract Format Oct 1997 52.215-10 Price Reduction for Defective Cost or Pricing Data

Aug 2011 52.215-12 Subcontractor Certified Cost or Pricing Data Jun 2020 52.216-24 Limitation of Government Liability Apr 1984 52.216-25 Contract Definitization Oct 2010 52.219-04 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns Mar 2020

52.219-08 Utilization of Small Business Concerns Oct 2018 52.219-14 Limitations on Subcontracting Mar 2020 52.222-01 Notice to the Government of Labor Disputes Feb 1997 52.222-03 Convict Labor Jun 2003 52.222-06 Construction Wage Rate Requirements Aug 2018 52.222-09 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 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction Feb 1999

52.222-26 Equal Opportunity Sept 2016 52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015 52.222-35 Equal Opportunity for Veterans Jun 2020

52.222-36 Affirmative Action for Workers with Disabilities Jun 2020 52.222-37 Employment Reports on Veterans Jun 2020 52.222-50 Combat Trafficking in Persons Jan 2019 52.223-03 Hazardous Material Identification and Material Safety Data Jan 1997 52.223-05 Pollution Prevention and Right-to-Know Information May 2011 52.223-06 Drug-Free Workplace May 2001 52.223-10 Waste Reduction Program May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving Jun 2020

52.225-09 Buy American – Construction Materials May 2014 52.225-10 Notice of Buy American Act Requirement – Construction

Materials May 2014

52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.227-04 Patent Indemnity-Construction Contracts Dec 2007 52.228-02 Additional Bond Security Oct 1997 52.228-05 Insurance – Work on a Government Installation Jan 1997 52.228-11 Pledges of Assets Aug 2018 52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.229-03 Federal, State, and Local Taxes Feb 2013 52.232-16 Progress Payments Jun 2020 52.232-17 Interest May 2014 52.232-23 Assignment of Claims May 2014 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.233-03 Protest after Award Aug 1996 52.233-04 Applicable Law for Breach of Contract Claim Oct 2004 52.236-04 Physical Data Apr 1984 52.243-04 Changes Jun 2007 52.249-02 Termination for Convenience of the Government (Fixed-Price) Apr 2012 52.249-10 Default (Fixed-Price Construction) Apr 1984 52.252-04 Alterations in Contract Apr 1984 52.252-06 Authorized Deviations in Clauses Apr 1984

I.2 1452.204-70 RELEASE OF CLAIMS–DEPARTMENT OF THE INTERIOR JUL 1996

After completion of work and before final payment, the Contractor shall furnish the CO 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.

I.3 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 CO by an insurance company which is acceptable to the CO. 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:

1. Worker’s compensation and employer’s liability: $1,000,000

2. General Liability: $500,000 each person and $1,000,000 each occurrence

3. Property Damage: $2,000,000

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the CO 30 days before 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 CO, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the CO with a copy of an acceptable insurance certificate before beginning the work.

(c) The contractor shall name the United States, National Park Service, as the insured party(ties) on the liability insurance policy.

I.4 52.204-07 SYSTEM FOR AWARD MANAGEMENT OCT 2018

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the CO to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

http://www.sam.gov/

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

Alternate I (Oct 2018). As prescribed in 4.1105(a)(2), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic provision:

(1) An Offeror is required to be registered in SAM as soon as possible. If registration is not possible when submitting an offer or quotation, the awardee shall be registered in SAM under the requirements of clause 52.204-13, System for Award Management Maintenance.

I.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS OCT 2018

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment;

and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management which can be accessed via https://www.sam.gov(see 52.204-7).

(End of provision)

I.6 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING OCT 2018

RESPONSIBILITY MATTERS

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

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

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

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

or

(ii) The Contractor, when viewing data on itself; and

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

(i) Past performance reviews required by subpart 42.15;

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

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

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

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

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

(3) As required by section 3010 of Pub. L.