Sol_140P5424R0013.pdf

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CONSTRUCTION, REPLACE FELLERS' BOATHOUSE DOCK, CAN Federal contract opportunity
Solicitation number
140P5424R0013
Issued by
Department of the Interior National Park Service Southeast Region

About this file

This document is a Solicitation for Construction, Replace Fellers' Boathouse Dock, Canaveral National Seashore. The solicitation is a 100% Small Business Set-Aside with a proposal due date of 05/20/2024 at 04:00PM EST. The contract is for the replacement of the Fellers' Boathouse Dock located within Canaveral National Seashore. The government contemplates award of a Firm-Fixed Price contract. Proposals must be submitted via email, and a site visit is scheduled for 05/08/2024. The magnitude of this project is between $500,000 and $1,000,000. Past performance questionnaires must be submitted directly to the Contracting Officer. The government will evaluate technical capability and approach, price, and past performance, with the non-price factors being more important than price when making the award determination.

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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)

0040652385

NPS, SER - South MABO

40001 SR 9336

Homestead FL 33034

PSS

Christian Sanabria, Contracting Officer

NPS - Contracting Operations East

Christian_Sanabria@nps.gov

Christian Sanabria 4708190953

1x 04/19/2024

140P5424R0013

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

Proposals for the Replacement of Fellers' Boathouse Dock for Canaveral National

Seashore must be submitted via email to the email address specified in Block 8 of the SF 1442. This Solicitation is a 100% Small Business Set-Aside. Solicitation

Number: 140P5424R0013. Date of Issuance: 04/19/2024. Proposals are due by 04:00PM

EST on 05/20/2024. This project is subject to availability of funds.

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 Christian_sanabria@nps.gov after completion.

Questionnaires not sent in this manner 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 SAM.gov UEI 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 total.

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.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

05/20/2024

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

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

BY

2PAGE OF

NPS, SER - South MABO

40001 SR 9336

Homestead FL 33034

PSS

Christian Sanabria

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 29

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5424R0013

Delivery: 12/06/2024

Delivery Location Code: 0009060269

NPS, Canaveral Seashore-Apollo

7611 S. Atlantic Ave.

New Symrna FL 32169 US

Period of Performance: 06/03/2024 to 12/06/2024

00010 Replacement of Fellers Dock

Lump Sum incl. labor and materials

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

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

Sponsored by GSA

FAR (48 CFR) 53.110

4 SOLICITATION: 140P5424R0013

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 6 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 13

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 19

PART IV: REPRESENTATIONS AND INSTRUCTIONS

SECTION K Representations, Certifications, and Other Statements of Offerors 19

Representation Regarding Certain Telecommunications and Video Surveillance Services Or Equipment

Preparations of Proposals SECTION L Instructions, Conditions and Notices to Bidders 23

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 26 Evaluation Factors for Award Relative Weight of Evaluation Criteria Additional Information

5 SOLICITATION: 140P5424R0013

SECTION A: SOLICITATION (CONTRACT) FORM

PROJECT TITLE: REPLACE FELLER’S HOUSEBOAT DOCK – CANAVERAL NATIONAL SEASHORE

SOLICITATION: 1405424R0013

SITE LOCATION: Canaveral National Seashore 8350 River Rd, New Smyrna Beach, FL 32169

SET – ASIDE: Total Small Business NAICS: 237990 – Other Heavy and Civil Engineering Construction

SIZE STANDARD: $45.0M

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.

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.

THE MAGNITUDE OF THIS PROJECT IS BETWEEN $500,000 AND $1,000,000

SITE VISIT: A site visit is schedule for Wednesday, May 8, 2024, at 09:00 A.M. EST Please refer to page 27 of this document for additional information.

QUESTIONS MUST BE SUBMITTED TO EMAIL ADDRESS: Christian_Sanabria@nps.gov no later than 04:00 P.M. (EST) on Friday, May 10, 2024, with subject line: “Questions Sol 140P5424R0013”. Offerors must submit all questions regarding this solicitation in writing 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 May 14, 2024.

OFFERS MUST BE SUBMITTED TO EMAIL ADDRESS: Christian_Sanabria@nps.gov no later than 04:00 P.M.

(EST) on Monday, May 20, 2024, with subject line – “Offer Sol 140P5424R0013”.

PERFORMANCE AND 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 and acceptance of the work in accordance with FAR 28.203-5.

THE SITE SUPERINTENDENT FOR THE PROJECT MUST BE AN EMPLOYEE OF THE PRIME CONTRACTOR.

NO EXCEPTIONS WILL BE MADE.

PROPOSALS ARE DUE ON MONDAY MAY 20, 2024, AT 04:00 P.M. EASTERN TIME.

SUBMIT AN OFFER TO THE FOLLOWING EMAIL: Christian_Sanabria@nps.gov

6 SOLICITATION: 140P5424R0013

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 in accordance with attached specifications and drawings.

PRICE SCHEDULE

Solicitation Number: 140P5424R0013

Project Title: Replace Fellers Dock – Canaveral National Seashore

Contract Line-Item Number

Contract Line-Item Description QTY Unit of Measure Unit Price Total Price

Replace Fellers’ Houseboat Dock in accordance with 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):

SECTION C – SPECIFICATIONS AND DRAWINGS

Attachment Number

Attachment Title Date Pages Document Version

001 CANA Replace Fellers Dock General Specifications 04/02/2024 62 BASE 002 CANA Replace Fellers Dock Project Specifications 04/02/2024 12 BASE 003 Wage Determination 04/02/2024 5 BASE 004 Past Performance Questionnaire 04/02/2024 4 BASE

7 SOLICITATION: 140P5424R0013

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

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

SECTION F – DELIVERIES OR PERFORMANCE

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 one hundred and eighty (180) calendar days after receiving the notice to proceed. The time stated for completion shall include 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:

Christian Sanabria, Contracting Officer DOI – National Park Service – Interior Region 2

Phone: 470-819-0953 Email: Christian_Sanabria@nps.gov

G.3 CONTRACTING OFFICER'S REPRESENTATIVE

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 contract award or for construction, not less than five business days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract. 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.

8 SOLICITATION: 140P5424R0013

G.4 TECHNICAL DIRECTION

The performance of the work required 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.

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 FL, dated 10/13/2023, which is 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.

9 SOLICITATION: 140P5424R0013

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.

(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.

https://www.doi.gov/pam/acquisition/policy/constructioncontract

10 SOLICITATION: 140P5424R0013

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.

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.

11 SOLICITATION: 140P5424R0013

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.

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)

12 SOLICITATION: 140P5424R0013

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 and received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

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

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

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

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

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

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

(End of Notice)

13 SOLICITATION: 140P5424R0013

SECTION I – CONTRACT CLAUSES

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 address: https://www.acquisition.gov/

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

1452.236-70 PROHIBITION AGAINST THE USE OF LEAD PAINT JUL 1996

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

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS

NOV 2015

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION

NOV 2021

52.211-6 BRAND NAME OR EQUAL AUG 1999

52.215-2 AUDIT AND RECORDS–NEGOTIATION JUN 2020

52.215-8 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

https://www.acquisition.gov/

14 SOLICITATION: 140P5424R0013

52.216-24 LIMITATION OF GOVERNMENT LIABILITY APR 1984

52.216-25 CONTRACT DEFINITIZATION OCT 2010

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

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS FEB 2024

52.219-14 LIMITATIONS ON SUBCONTRACTING OCT 2022

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION FEB 2024

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

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS – SECONDARY SITE OF THE

WORK

MAY 2014

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

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

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS FEB 1999

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

FEB 1999

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

52.222-50 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

52.223-17 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

52.225-10 NOTICE TO BUY AMERICAN REQUIREMENT – CONSTRUCTION MATERIALS MAY 2014

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2021

52.227-1 AUTHORIZATION AND CONSENT JUN 2020

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT

JUN 2020

52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS DEC 2007

52.227-11 PATENT RIGHTS-OWNERSHIP BY THE CONTRACTOR MAY 2014

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

15 SOLICITATION: 140P5424R0013

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.228-11 INDIVIDUAL SURETY – PLEDGE OF ASSETS FEB 2021

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS DEC 2022

52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014

52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION JUN 2020

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

52.232-27 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

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 FEB 2024

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)

ALTERNATE I

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

I.2 52.236-1 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 (15%) of the total amount of work to be performed under the contract. This percentage may be reduced by a

16 SOLICITATION: 140P5424R0013

supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction, and the Contracting Officer determines that the reduction would be to the advantage of the Government.

I.3 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):

(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

17 SOLICITATION: 140P5424R0013

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.

(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 or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for

18 SOLICITATION: 140P5424R0013

products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3) (i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA…

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