Sol_140P5424R0005.pdf
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- Attached to
- REPLACE GULF COAST CHICKEES Federal contract opportunity
- Solicitation number
- 140P5424R0005
About this file
This document is a solicitation for the replacement of the Gulf Coast Chickees in Everglades National Park. The National Park Service is seeking a contractor to replace the existing chickees at Sweetwater Bay and Plate Creek, as well as replace the dock and camping platforms at the Lostman's Five backcountry campsite.
The total estimated value of the project is between $250,000 and $500,000, and it is set aside for small businesses under NAICS code 237990. Proposals are due by 5:00 PM EST on May 3, 2024, and the project must be completed within 270 calendar days of the notice to proceed. The contractor will be required to provide performance and payment bonds. The solicitation includes a Statement of Work, drawings, and a wage determination attachment.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140P5424R0005_Amd_0002.pdf | ||
| Sol_140P5424R0005__Amend__0002_Attach__0005-PPQ_0002.pdf | ||
| Sol_140P5424R0005_Amendment_0002_Attach__0006-_Q___A_2_0002.pdf | ||
| Sol_140P5424R0005_Amd_0001.pdf | ||
| Sol_140P5424R0005_Amend__0001_Attach__0004-Q___A_0001.pdf | ||
| Sol_140P5424R0005_Attach__0001-SOW_Gulf_Coast_Chickees.pdf | ||
| Sol_140P5424R0005_Attach__0003-WD_FL20230110.pdf | ||
| Sol_140P5424R0005_Attach__0002_-Drawings_Gulf_Coast_Chickees.pdf |
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Text version
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)
0040646966
NPS, SER - South MABO
40001 SR 9336
Homestead FL 33034
PSS
noelli_medina@nps.gov
Noelli Medina 4708190940
1x 04/03/2024
140P5424R0005
INVITATION FOR BID
REQUEST FOR PROPOSAL
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
SOW, Drawings, Wage Determination
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.)
10 350 calendar days and complete it within ________________ ________________ calendar days after receiving
05/03/2024
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
DOI, NPS, SER - South MABO
40001 SR 9336
Homestead FL 33034
PSS
Noelli Medina
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 3
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P5424R0005
Replace Gulf Coast Chickees. This project will replace the existing chickees at Sweetwater Bay and Plate Creek. It will also replace e the dock and camping platforms at the Lostman's Five backcountry campsite.
Delivery: 06/02/2025
Delivery Location Code: 0009060297
NPS, Everglades NP
40001 State Road 9336
Homestead FL 33034-6733 US
Period of Performance: 06/03/2024 to 06/02/2025
00010 Sweetwater Chickee
Product/Service Code: Y1PA
Product/Service Description: CONSTRUCTION OF
RECREATION FACILITIES (NON-BUILDING)
00020 Plate Creek Chickee
Product/Service Code: Y1PA
Product/Service Description: CONSTRUCTION OF
RECREATION FACILITIES (NON-BUILDING)
00030 Loastmans 5 Dock
Product/Service Code: Y1PA
Product/Service Description: CONSTRUCTION OF
RECREATION FACILITIES (NON-BUILDING)
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
4SOLICITATION: 140P5424R0005
TABLE OF CONTENTS
PART I: THE SCHEDULE
SECTION A SF 1442 (Solicitation/Contract Form) 5 SECTION B Supplies or Services and Price Cost (See SF 1442 (block 17 for offer) 6
Price Schedule SECTION C Specifications 7 SECTION D Packaging and Marking 7 SECTION E Inspection and Acceptance 7
Inspection of Construction SECTION F Deliveries or Performance 7
Commencement, Prosecution, and Completion of Work Suspension of Work
SECTION G Contract Administration Data 7 Contract Administration Contacts Technical Direction Correspondence, Contract Payments, and Job Site Administration Payroll Records, Subcontracting Construction Contract Administration
SECTION H Special Contract Requirements 9 Executive Order – Prohibition of Text Messaging while Driving Safety, Progress Meetings, Payrolls Operation of Facility during Construction, Work Hours, Use of Premises Disposal, Contractor Employees, Permits Quality of Work, Completion of Work, Material Approval Submittals DOI Electronic Invoicing and Payment Requirements (IPP)
PART II: CONTRACT CLAUSES
SECTION I Contract Clauses 14 Incorporation by Reference of Representations and Certifications Warranty of Construction Clauses Incorporated by Reference Performance of Work by the Contractor Release of Claims - Department of Interior Liability Insurance - Department of Interior
PART III: LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J List of Attachments 22
PART IV: REPRESENTATIONS AND INSTRUCTIONS
SECTION K Representations, Certifications, and Other Statements of Offerors 22 Representation Regarding Certain Telecommunications and Video Surveillance Services Or Equipment Preparations of Proposals
SECTION L Instructions, Conditions and Notices to Bidders 26 Solicitation Provision Incorporated by Reference Service of Protest – DOI Site Visit (Construction) Inquiries, Delivery of Offers Proposal File Format Instructions to Offerors
SECTION M Evaluation Factors for Award 28 Evaluation Factors for Award Relative Weight of Evaluation Criteria Additional Information
5SOLICITATION: 140P5424R0005
SECTION A: SOLICITATION/CONTRACT FORM
PROJECT TITLE: Replace Gulf Coast District Chickees –EVERGLADES NATIONAL PARK
SOLICITATION: 1405424R0005
SITE LOCATION: Everglades National Park
40001 SR 9336
Homestead, FL 33034
SET – ASIDE: Total Small Business NAICS: 237990 – Other Heavy and Civil Engineering Construction
SIZE STANDARD: $45M
NOTICE TO PROSPECTIVE OFFERORS
SUBMISSION OF DOCUMENTS: Your offer must include the following Sections and Forms:
1. SF-1442
2. SOLICITATION
3. OFFER
PLEASE NOTE: The SF-1442 must be signed, and dated, and Blocks 14 through 20c must be completed.
In the SF-1442, ITEM 17, the offeror is cautioned to review the acceptance time stated in Item 13d before completing this item. Proposals offering less than the specified time will cause the proposal to be rejected.
THE MAGNITUDE OF THIS PROJECT IS BETWEEN $250,000 AND $500,000
SITE VISIT: A site visit is not scheduled for this action. However, offerors may tour the area on their own accord and marine vessels.
QUESTIONS MUST BE SUBMITTED TO EMAIL ADDRESS: noelli_medina@nps.gov no later than 05:00 P.M.
(EST) on Thursday, April 11, 2024, with the subject line: “Questions Sol 140P5424R0005”. Offerors write all questions regarding this solicitation to the Contracting Officer. Answers to questions, information, or changes provided during the site visit are not considered valid until they have been provided in writing by the Contracting Officer as part of the amendment. Questions submitted after this time may NOT be considered. Answers to questions submitted in writing will be posted to the solicitation as an amendment on or around April 15, 2024.
OFFERS MUST BE SUBMITTED TO EMAIL ADDRESS: noelli_medina@nps.gov no later than 05:00 P.M. (EST) on Friday, May 3, 2024, with the subject line – “Offer Sol 140P5424R0005”.
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 following
FAR 28.203-5.
THE SITE SUPERINTENDENT FOR THE PROJECT MUST BE AN EMPLOYEE OF THE PRIME CONTRACTOR.
NO EXCEPTIONS WILL BE MADE.
PROPOSALS / OFFERS ARE DUE ON FRIDAY, MAY 3, 2024, AT 05:00 P.M. EASTERN TIME.
SUBMIT AN OFFER TO THE FOLLOWING EMAIL: noelli_medina@nps.gov
6SOLICITATION: 140P5424R0005
SECTION B – SUPPLIES OR SERVICES AND PRICES – PRICE SCHEDULE
The contractor should provide all labor, parts, tools, equipment, supervision, and all incidentals as necessary to complete the project in its entirety following the attached specifications and drawings.
PRICE SCHEDULE
Solicitation Number: 140P5424R0005
Project Title: Replace Gulf Coast District Chickees– Everglades National Park
Contract Line-Item Number
Contract Line-Item Description QTY Unit of Measure Unit Price Total Price
Replace Gulf Coast District Sweetwater Chickee for Everglades National Park following the Scope and Document Specifications Attached.
1 Lump Sum Please Provide a
Price Breakdown in your Proposal
Replace Gulf Coast District Plate Creek Chickee for Everglades National Park following the Scope and Document Specifications Attached.
1 Lump Sum Please Provide a
Price Breakdown in your Proposal
Replace Gulf Coast District Loastmans 5 Dock for Everglades National Park following the Scope and Document Specifications Attached.
1 Lump Sum Please Provide a
Price Breakdown in your Proposal
TOTAL COMBINED PROPOSED PRICE:
COMPLETION TIME: DAYS
NOTE: Please provide a detailed cost breakout of your lump sum bid to include all costs associated with your proposal. Also, please fill out the following information for your entity:
Price Schedule Completed By:
Position:
Company Name:
Company Address:
SAM.gov Unique Entity ID (UEI):
7SOLICITATION: 140P5424R0005
SECTION C – SPECIFICATIONS/DRAWINGS
Attachment Number
Attachment Title Date Pages Document Version
001 Statement of Work- Replace Gulf Coast Chickees 03/22/2024 9 BASE 002 Drawings- Replace Gulf Coast Chickees 03/22/2024 8 BASE 003 Wage Determination 03/22/2024 6 BASE
SECTION D – PACKAGING AND MARKING
D.1 PAYMENT OF POSTAGE AND FEES
All postage and fees related to submitting information forms, reports, etc., to the Contracting Officer (CO), Contract Specialist (CS), or the Contracting Officer’s Representative (COR) shall be paid by the contractor.
D.2 MARKING
All information submitted to the Contracting Officer, Contract Specialist, or the Contracting Officer’s Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.
SECTION E – INSPECTION AND ACCEPTANCE
CLAUSES INCORPORATED BY REFERENCE:
Clause Title Date
52.246-2 INSPECTION OF SUPPLIES – FIXED-PRICE AUG 1996
52.246-12 INSPECTION OF CONSTRUCTION AUG 1996
SECTION F – DELIVERIES OR PERFORMANCE
CLAUSES INCORPORATED BY REFERENCE:
Clause Title Date
52.242-14 SUSPENSION OF WORK APR 1984
CLAUSES INCORPORATED BY FULL TEXT:
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 ten (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 two hundred seventy (270) calendar days after receiving the notice to proceed. The time stated for completion shall include the final cleanup of the premises.
(End of Clause)
SECTION G – CONTRACT ADMINISTRATION DATA
G.1 Contracting Officer’s Representative(s) for this contract will be determined and their contact information will be provided at time of award.
G.2 Contract Officer for administering this contract:
Noelli Medina, Contracting Officer
DOI – National Park Service – Interior Region 2
8SOLICITATION: 140P5424R0005
Phone: 470-819-0940 Email: noelli_medina@nps.gov
G.3 CONTRACTING OFFICER'S REPRESENTATIVE
(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after the contract award or for construction, not less than five working days beforer to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.
(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.
G.4 TECHNICAL DIRECTION
The performance of the work required herein shall be subject to the technical direction and surveillance of the COR or his designee. As used herein, “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 set forth 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 set forth 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 prior to 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.5 CORRESPONDENCE
Any correspondence initiated by the Contractor shall include the Contract Number and shall be addressed to the CO or CS (original and one copy) at the address provided in the clause entitled “Contractor Administration”.
G.6 CONTRACT PAYMENTS
The Contractor shall submit invoices to the Contracting Officer for the percentage of work completed. Contractor and COR at the site must agree on the percentage of work completed.
G.7 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 (hereinafter referred to as 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 always present on the job site when contract work is being performed.
G.8 PAYROLL RECORDS & WAGE DETERMINATION
The Prime Contractor is responsible for furnishing the Contracting Officer with one (copy of the Weekly Payroll Form WH-347 or equivalent) to include payroll records for his/her 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 in accordance with the Wage Determination, which is a part of this contract.
9SOLICITATION: 140P5424R0005
The Prime Contractor shall ensure that compliance is met. The Contractor is subject to the Wage and Hour Dept., U.S. Department of Labor. In the performance of this contract, the Contractor shall comply with the requirements of U.S. Department of Labor Wage Determination Number FL20230110, dated 01/05/2024, which is contained in Attachment 004 to this solicitation.
G.9 SUBCONTRACTING
The Prime Contractor shall complete a Standard Form (SF1413) for each subcontractor and submit the form to the Contracting Officer or Specialist. No subcontractor shall be allowed on the site without an executed SF 1413. The Prime shall be held responsible for ensuring that his/her subcontractor’s DO NOT subcontract any portion of this work. The Prime Contractor is responsible to ensure that all subcontractors carry sufficient insurance in accordance with this contract.
G.10 CONSTRUCTION CONTRACT ADMINISTRATION
Federal Acquisition Regulation (FAR) 36.211(b) requires agencies provide description of policies and procedures that apply to definitization of equitable adjustments for change orders under construction contracts and data on the time required to definitize equitable adjustments for change orders under construction contracts. This information can be found at: https://www.doi.gov/pam/acquisition/policy/constructioncontract
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) thereof; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA) and Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).
H.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.
https://www.doi.gov/pam/acquisition/policy/constructioncontract
10SOLICITATION: 140P5424R0005
(c) At the progress meetings, the Contractor shall give oral reports of the progress on the project to the CO.
If the work is behind schedule, the Contractor shall be prepared to:
(i) discuss the work and any causes of work delay(s);
(ii) present a plan to bring the work back into conformance with the schedule; or, if necessary
(iii) to propose a revised work schedule.
H.5 PAYROLLS
The Contractor must furnish copies of his weekly payrolls to the CO throughout the duration of periods when labor and services are rendered. Payroll submission is required weekly, seven (7) days after close of payroll period.
H.6 OPERATION OF FACILITY DURING CONSTRUCTION
Construction activities must not interrupt the function and day-to-day operations of the facility during construction.
The contractor must coordinate with the 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 7:00 a.m. through 4:00 p.m., Monday through Friday. These hours are subject to change. Contractor will not be permitted to work at the job site on Saturday, Sunday or legal holidays unless otherwise authorized by the CO and approved by the park 48 hours prior.
H.8 USE OF PREMISES
(a) Before any location, other than shown in the photos or during the site visit, is accessed, written permission shall be obtained through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor.
(b) Unless provided otherwise, the Contractor shall provide and maintain a sanitary working environment for the workforce at the site. Solid waste shall be disposed of in accordance with 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 Contracting Officer no less than ten (10) calendar days prior to the date which he/she anticipates commencement of work. The Contractor will not proceed with excavation of any kind until such clearances have been issued. Clearances will be valid from the date of issue or completion of, or otherwise directed by the issuing authority.
H.11 DISPOSAL
Debris, rubbish, and non-usable material resulting from under this contract shall be disposed in a manner that meets federal, state and local laws.
H.12 CONTRACTOR EMPLOYEES
(a) The Contractor shall provide the Contracting Officer with the name of the responsible supervisor authorized to act for the Contractor.
(b) The Contractor shall furnish sufficient personnel to perform, supervise and manage all work.
(c) Contractor employees shall conduct themselves in a proper, efficient, courteous and business-like manner.
(d) The Contractor shall remove from the site any individual whose continued employment is deemed by the contracting officer to be contrary to public interest or inconsistent with the National Park Service.
11SOLICITATION: 140P5424R0005
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. The Contractor shall comply with federal, state and local laws.
Evidence of such permits and licenses shall be provided to the Contracting Officer before work commences, or as requested.
H.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 herein entitles “Materials and Workmanship”, FAR 52.236-5 (APR 1984), Section I, shall be submitted to the Contracting Officer through the COR in five (5) copies. The Denver Service Center Form (DSC-1) entitled “Transmittal USDI, National Park Service”, shall be used. Contractor shall re-submit any disapproved submittals within seven (7) calendar days of disapproval.
H.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 Contracting Officer immediately of the findings; and continue operation in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for the contractor, he will be compensated by an equitable adjustment under the General Provision of the Contract.
H.18 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS –INVOICE PROCESSING PLATFORM
(IPP) FEB 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 [Contracting Officer to edit and include the documentation required under this contract]:
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.
12SOLICITATION: 140P5424R0005
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)
H.19 DOI AAAP-0050 V2 NOTICE TO CONTRACTORS
CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DECEMBER 2015)
1) FAR 42.1502 directs 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.
13SOLICITATION: 140P5424R0005
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.
(End of Notice)
H.20 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS
The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:
1. Citations to pertinent laws, codes, and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.
3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.
4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.
5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.
6. The Government Agency owns the rights to all data/records produced as part of this contract.
7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract.
Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (e-mail, fax, etc.) or state of completion (draft, final, etc.).
9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.
10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.
(End of Notice)
14SOLICITATION: 140P5424R0005
SECTION I – CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE:
Clause Title Date
1452.201-70 AUTHORITIES AND DELEGATIONS SEP 2011
1452.203-70 RESTRICTION ON ENDORSEMENTS JUL 1996
1452.215-70 EXAMINATION OF RECORDS BY THE DEPARTMENT OF THE INTERIOR APR 1984
52.202-1 DEFINITIONS JUN 2020
52.203-3 GRATUITIES APR 1984
52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT JUN 2020
52.203-7 ANTI-KICKBACK PROCEDURES JUN 2020
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY
MAY 2014
52.203-10 PRICE OR FEE ADJUSTMENT 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
NOV 2023
52.204-1 APPROVAL OF CONTRACT DEC 1989
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER MAY 2011
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS
JUN 2020
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS OCT 2016
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS
DEC 2014
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND
SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER
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 SUBCONTRACTING
WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT
NOV 2021
52.209-9 UPDATES ON PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS
OCT 2018
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS
NOV 2015
52.215-2 AUDIT AND RECORDS–NEGOTIATION JUN 2020
52.215-8 ORDER OF PRECEDENCE–UNIFORM CONTRACT FORMAT OCT 1997
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS SEP 2023
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS SEP 2023
52.219-14 LIMITATIONS ON SUBCONTRACTING OCT 2022
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION SEP 2023
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES FEB 1997
52.222-3 CONVICT LABOR JUN 2003
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS – OVERTIME
COMPENSATION
MAY 2018
52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018
52.222-7 WITHHOLDING OF FUNDS MAY 2014
52.222-8 PAYROLLS AND BASIC RECORDS JUL 2021
15SOLICITATION: 140P5424R0005
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 CONSTRUCTION WAGE RATE REQUIREMENTS AND
RELATED 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 SEP 2016
52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION APR 2015
52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020
52.222-36 EQUAL OPPORTUNITY 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
52.222-41 SERVICE CONTRACT LABOR STANDARDS AUG 2018
52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR
STANDARDS – PRICE ADJUSTMENT
MAY 2014
52.222-50 COMBAT TRAFFICKING IN PERSONS NOV 2021
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION MAY 2022
52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 14026 JAN 2022
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2022
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA FEB 2021
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION MAY 2011
52.223-6 DRUG-FREE WORKPLACE MAY 2001
52.223-10 WASTE REDUCTION PROGRAM MAY 2011
52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS MAY 2020
52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND
CONSTRUCTION CONTRACTS
AUG 2018
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING
JUN 2020
52.225-1 BUY AMERICAN ACT – SUPPLIES OCT 2022
52.225-9 BUY AMERICAN – CONSTRUCTION MATERIALS OCT 2022
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2021
52.228-2 ADDITIONAL BOND SECURITY OCT 1997
52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION JAN 1997
52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS DEC 2022
52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014
52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013
52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS MAY 2014
52.232-16 PROGRESS PAYMENTS NOV 2021
52.232-17 INTEREST MAY 2014
52.232-23 ASSIGNMENT OF CLAIMS MAY 2014
52.232-25 PROMPT PAYMENT JAN 2017
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS JAN 2017
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
SUBCONTRACTORS
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
52.236-2 DIFFERING SITE CONDITIONS APR 1984
52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984
16SOLICITATION: 140P5424R0005
52.236-4 PHYSICAL DATA APR 1984
52.236-5 MATERIAL AND WORKMANSHIP APR 1984
52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984
52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991
52.236-8 OTHER CONTRACTS APR 1984
52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, 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
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984
52.236-17 LAYOUT OF WORK APR 1984
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997
52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995
52.242-13 BANKRUPTCY JUL 1995
52.243-4 CHANGES JUN 2007
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND SERVICES JUN 2023
52.246-21 WARRANTY OF CONSTRUCTION MAR 1994
52.248-1 VALUE ENGINEERING JUN 2020
52.248-3 VALUE ENGINEERING-CONSTRUCTION OCT 2020
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) APR 2012
52.249-2 ALTERNATE 1 APR 2012
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984
52.252-4 ALTERATIONS IN CONTRACT APR 1984
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES NOV 2020
52.253-1 COMPUTER GENERATED FORMS JAN 1991
CLAUSES INCORPORATED BY FULL TEXT:
I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/
(End of Clause)
I.2 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS –
PROHIBITION
DEC 2023
(a) Definitions. As used in this clause—
Covered article, as defined in 41 U.S.C. 4713(k), means—
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):
https://www.acquisition.gov/
17SOLICITATION: 140P5424R0005
(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
(b) Prohibition.
18SOLICITATION: 140P5424R0005
(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:
(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.
(ii) For all other solicitations and contracts DHS FASCSA orders apply.
(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).
(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.
(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph
(c) of this clause.
(5) (i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:
(A) Name of the product or service provided to the Government;
(B) Name of the covered article or source subject to a FASCSA order;
(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;
(D) Brand;
(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(F) Item description;
(G) Reason why the applicable covered article or the product…
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