Sol_140P5521R0010.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040519309

DOI, NPS, SER - De Soto MABO

8300 De Soto Memorial Hwy

Bradenton FL 34209

PSH

Electronically to Contracting Officer

Scott Achin @ Scott_Achin@nps.gov

Scott Achin 305-242-7027

1x 03/17/2021

140P5521R0010

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

Statement of Work dated 21 August 2021, Drawings and Davis-Bacon Wage Determination

PR20210001 dated 1 January 2021.

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 270 calendar days and complete it within ________________ ________________ calendar days after receiving

04/15/2021

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

DOI, NPS, SER - De Soto MABO 8300 De Soto Memorial Hwy

Bradenton FL 34209

PSH

Scott Achin

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5521R0010

The Contracting Officer is Scott Achin, Scott_Achin@nps.gov, 305.849.1874

This requirement will be procured as a 100% small business set-aside.

Legacy Doc #: NPS

Delivery: 02/04/2022

Delivery Location Code: 0009060318

NPS, San Juan NHS

Fort San Cristobal

Old San Juan PR 00901-2094 US

Period of Performance: 05/10/2021 to 02/04/2022

Repair/Replace Failing Exterior Doors, Windows and Shutters Parkwide at San Juan National

Historic Site.

00010 Replace Window, Doors, and Shutters at San Juan

National Historic Site

Product/Service Code: Z1QA

Product/Service Description: MAINTENANCE 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

RFP 140P5521R0010

Table of Contents

PART I - THE SCHEDULE 6

SECTION A - SOLICITATION/CONTRACT FORM 7

SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) 7

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST 8

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 8

SECTION D - PACKAGING AND MARKING 9

D.1 PAYMENT OF POSTAGE AND FEES 9

D.2 MARKING 9

SECTION E - INSPECTION AND ACCEPTANCE 9

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 9

SECTION F - DELIVERIES OR PERFORMANCE 9

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 9

SECTION G - CONTRACT ADMINISTRATION DATA 9

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS 9

G.2 TECHNICAL DIRECTION 10

G.3 CORRESPONDENCE 10

G.4 CONTRACT PAYMENTS 10

G.5 JOB SITE ADMINISTRATION 10

G.6 SUBCONTRACTING 10

SECTION H - SPECIAL CONTRACT REQUIREMENTS 11

H.1 EXECUTIVE ORDER 13513 PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC

EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING

H.2 EXECUTIVE ORDER 13991 PROTECTING THE FEDERAL WORKFORCE AND REQUIRING

MASK WEARING

H.3 WAGE DETERMINATION

H.4 SAFETY 11

H.5 PAYROLL 11

H.6 PROGRESS MEETINGS 12

H.7 OPERATION OF FACILITY DURING CONSTRUCTION 12

H.8 WORK HOURS 12

H.9 USE OF PREMISES 12

H-10 MAXIMUM WORK WEEK 12

H.11 EXCAVATION 12

H.12 DISPOSAL 13

H.13 CONTRACTOR EMPLOYEES 13

H.14 PERMITS AND LICENSES 13

H.15 QUALITY OF WORK 13

H.16 COMPLETION OF WORK 13

H.17 MATERIAL APPROVAL SUBMITTALS 13

H.18 ARCHEOLOGICAL FINDINGS 13

H.19 DOI ELECTRONIC INVOICING ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS – INTERNET PAYMENT PLATFORM (IPP)

PART II - CONTRACT CLAUSES 14

SECTION I - CONTRACT CLAUSES 14

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 14

I.2 1452.215-70 RELEASE OF CLAIMS – DEPARTMENT OF THE INTERIOR 16

I.3 1452.228-70 LIABILITY INSURANCE 16

I.4 1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT – DEPARMENT OF THE

INTERIOR

I.5 52.204-1 APPROVAL OF CONTRACT 17

I.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS 17

I.7 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES 18

I.8 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS 18

I.9 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION MATERIALS 22

I.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE 23

I.11 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES 23

I.12 CONTRACTING OFFICER REPRESENTATIVE 23

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 23

SECTION J - LIST OF ATTACHMENTS 23

PART IV – REPRESENTATIONS AND CERTIFICATIONS 24

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 24

K.2 52.203-2 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (APR 1985) 24

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS 25

K.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS 29

K.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS 31

K.6 52.219-1 SMALL BUSINESS REPRESENTATION 32

K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS 35

K.8 82.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN

SUDAN - CERTIFICATION

SECTION L – INSRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS 36

L.1 PROPOSAL PREPARATION AND SUBMISSTION INSTRUCTIONS 36

L.2 PROPOSAL FILE FORMAT 38

L.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 39

L.4 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS 39

L.5 1452.233-2 SERVICE OF PROTEST – DEPARTMENT OF THE INTERIOR 39

L.6 52.216-1 TYPE OF CONTRACT 39

L.7 52.222-5 CONSTRUCTION WAGE REQUIREMENTS – SECONDARY SITE OF WORK 39

L.8 52.233-2 SERVICE OF PROTEST 40

L.9 52.236-27 SITE VISIT (CONSTRUCTION), ALT I 40

SECTION M - EVALUATION CRITERIA 41

Section A: Solicitation/Contract

SITE LOCATION: San Juan National Historic Site

PROJECT TITLE: Repair/Replace Failing Exterior Doors, Windows and Shutters Parkwide

NOTICE TO PROSPECTIVE OFFEROR

SUBMISSION OF DOCUMENTS: Your offer shall include the following:

SF-1442, SOLICITATION, OFFER AND AWARD. PLEASE NOTE: The SF-1442 shall be signed, and dated and Blocks 14 through 20c shall be completed. Offeror shall acknowledge any and all amendments. Contractor shall reference Section L for any additional documents required.

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

SECTION B, Bid Offer Sheet (Attachment 0003)

SECTION K, REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

SECTION L, PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS identifies additional submission requirements.

SUBMIT AN ELECTRONIC OFFER TO SCOTT ACHIN, CONTRACTING OFFICER AT THE

FOLLOWING EMAIL ADDRESS: Scott_Achin@nps.gov

The magnitude of this project is between $250,000 and $500,000

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

Proposals are due on 15 April 2021 at 4:00 P.M. EDT.

mailto:Scott_Achin@nps.gov

Section B – Price Schedule

Contractor shall provide all labor, parts, tools, equipment, supervision and all incidentals as necessary to replace Doors, Windows and Shutters at San Juan National Historic Site IAW the attached Statement of Work, specifications and drawings, Davis-Bacon Act Wage Determination and Bid Offer Sheet.

Price Schedule Solicitation 140P5521R0010

Number:

PARK – PMIS: 244845

Project Title: Repair/Replace Failing Exterior Doors, Windows and Shutters Parkwide at San Juan National Historic Site

Contract Line Item Number

Contract Line Item

Quantity

Unit of

Measure

Unit Price

Total Price

0010 Repair/Replace Failing Exterior Doors, Windows and Shutters Parkwide at San Juan National Historic Site

1 Lump Sum

TOTAL PROPOSED PRICE:

Contractor shall provide all labor, qualified supervision, material, tools, equipment, supplies and incidentals to replace the doors, windows and shutters, San Juan National Historic Site in accordance with (IAW) the Statement of Work (SOW). All materials shall be supplied, hauled and placed by the Contractor.

NOTE: PLEASE PROVIDE A DETAILED COST BREAKOUT OF YOUR LUMP SUM

PROPOSAL TO INCLUDE ALL ASSOCIATED COSTS. A Bid Offer Sheet shall be submitted with your offer. The Bid Offer Sheet is included as Attachment 0003 to the solicitation.

The total firm-fixed price of this contract is $________________.

Section C – Specifications/Drawings

Statement of Work Attachment 0001 Drawings Attachment 0002 Bid Offer Sheet Attachment 0003 Wage Determination Attachment 0004 Executive Order 13991 Attachment 0005 Map of Site Visit Location Attachment 0006

Section D – Packaging and Marking

D.1 Payment of Postage and Fees

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

D.2 Marking

Contractor shall indicate the Contract Number on all information it submits to the CO or COR.

Section E – Inspection and Acceptance

E.1 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Electronic access to the full text of a clause can be found at https://www.acquisition.gov/far-smart-matrix.

Clause Title Date 52.246-12 Inspection of Construction Aug 1996

Section F – Deliveries or Performance

F.1 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at this address: Electronic access to the full text of a clause can be found at https://www.acquisition.gov/far-smart-matrix.

52.211-10 Commencement, Prosecution, and Completion of Work Apr 1984 52.236-15 Schedules for Construction Contracts Apr 1984 52.242-14 Suspension of Work Apr 1984

Section G – Contract Administration Data

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

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

TBD

Contract Officer responsible for administering this contract:

Scott Achin https://www.acquisition.gov/far-smart-matrix

Contracting Officer National Park Service 8300 De Soto Memorial Hwy Bradenton, Florida 33034 Work: (305) 849-1874 scott_achin@nps.gov

G.2 TECHNICAL DIRECTION

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

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

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

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

Nothing contained in this part authorizes the Contractor to incur costs in excess of the contract price or other limitation of funds stated in the contract resulting from extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless before commencing such work, the Contractor: 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.

G.3 CORRESPONDENCE

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

G.4 CONTRACT PAYMENTS

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

G.5 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 shall contact the CO regarding such decisions and directions.

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

G.6 SUBCONTRACTING

Contractor shall submit a Standard Form (SF) 1413 for each subcontractor to the CO. No subcontractor shall be allowed onsite without a signed SF 1413. Contractor shall be held responsible for ensuring that subcontractors DO NOT subcontract any portion of this work. Contractor shall ensure all subcontractors carry sufficient insurance under this contract.

mailto:scott_achin@nps.gov

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 (Jun 2020)

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.

H.2 Executive Order 13991 Protecting the Federal Workforce and Requiring Mask Wearing (Jan 2021)

This Executive Order introduces Federal Government-wide Direction on mask wearing. Please adopt and enforce policies that are identified in this Executive Order which is included as Attachment 0005 of this solicitation.

H.3 WAGE DETERMINATION

In the performance of this contract, the Contractor shall comply with the requirements of U.S.

Department of Labor Wage Determination Number PR20210001 dated 1/1/2021 and is included as attachment 0004 to this solicitation.

H.4 SAFETY

Contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Occupational Safety and Health Act (OSHA) or Federally approved State equivalent(s); the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA);

Clean Air Act (CAA); Clean Water Act (CWA) and Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

Contractor is responsible for ensuring that all contractor and subcontractors are adhering to all COVID-19 protocols mandated by the Center for Disease Control to ensure contractor/subcontractor employees, park employees and visitor safety.

H.5 PAYROLL RECORDS

Contractor shall furnish the CO with one payroll (copy of the Weekly Payroll Form WH-347 or equivalent) to include payroll records for subcontractors. Payroll records shall be submitted within seven days after the close of the payroll period and numbered in consecutive order. Contractor shall review all subcontractors’ payrolls and ensure all employees are paid under the Wage Determination identified for this contract. Contractor shall ensure that compliance is met. Contractor is subject to the Wage and Hour Dept., U.S. Department of Labor.

H.6 PROGRESS MEETINGS

(a) Contractor shall be available to meet with the CO or COR at the job site during construction to discuss progress.

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

(c) At the progress meetings, the Contractor shall provide the CO progress reports on the project. If the work is behind schedule, Contractor shall (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) propose a revised work schedule.

(d) Contractor shall create daily progress reports and provide them to the CO on a weekly basis. These progress reports shall capture all incidents to include correspondence with Park personnel. These reports shall identify any issues arising during contract performance.

H.7 OPERATION OF FACILITY DURING CONSTRUCTION

Construction activities shall not interrupt the Park’s day-to-day operations during construction.

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

H.8 WORK HOURS

Normal work hours are from 6:30 a.m. through 3:00 p.m., Monday through Friday. Contractor shall not work at the job site on Saturday, Sunday or Federal holidays unless authorized by the CO.

Contractor shall provide notice to the CO at least 48 hours prior to the requested date desired to conduct work outside of normal work hours.

H.9 USE OF PREMISES

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

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

H.10 MAXIMUM WORK WEEK

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

H.11 EXCAVATION AND UTILITY CLEARANCES

The Chief of Maintenance for the park, shall ensure the Contractor is provided with necessary excavation and utility clearances. Contractor shall request such clearances and staking in writing to the CO no less than ten calendar days before the date which they anticipate commencement of work.

Contractor shall not proceed with excavation of any kind until such clearances have been issued.

Clearances will be valid from the date of issue to completion of work, unless otherwise directed by the issuing authority.

H.12 DISPOSAL

Contractor shall dispose of debris, rubbish, and non-usable material resulting from this contract IAW all federal, state and local laws and regulatory guidelines.

H.13 CONTRACTOR EMPLOYEES

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

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

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

H.14 PERMITS AND LICENSES

Contractor shall, without additional expense to the Government, obtain all appointments, licenses, and permits required to perform work on this contract. Contractor shall provide evidence of all permits and licenses to the CO before commencement of work and shall display them at the job site at all times.

H.15 QUALITY OF WORK

Workmanship shall be of the highest quality and adhere to best practices of the trade. Contractor shall conform to all requirements of the state and county codes, 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. Contractor is required to complete daily reports of construction activity. These reports are to be consolidated and emailed to the CO on a weekly basis.

H.16 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)

H.17 MATERIAL APPROVAL SUBMITTALS

Submittals contemplated by the clause entitled “Materials and Workmanship”, FAR 52.236-5 (APR 1984), Section I, shall be submitted to the CO through the COR in five 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 calendar days of disapproval.

H.18 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 by the Government. Should Contractor operations uncover, or their employees find any archeological remains, Contractor shall suspend operations at the site of discovery;

notify the CO immediately of the findings; and continue operation in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for the Contractor, they will be compensated by an equitable adjustment under the General Provision of the Contract.

H.19 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) APR 2013

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

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

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

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

The Contractor shall 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 instruction via email from the Federal Reserve Bank of Boston (FRBB) before the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment the Contractor must submit a waiver request in writing to the Contracting Office with its proposal or quotation.

SECTION I – CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

they were given in full text. Upon request, the CO will make their full text available. Electronic access to the full text of a clause can be found at https://www.acquisition.gov/far-smart-matrix.

1452.203-70 Restriction on Endorsements Jul 1996 1452.215-70 Examination of Records by the Department of the

Interior Apr 1984

1452.224-1 Privacy Act Notification (July 1996) Deviation Jul 1996 52.202-1 Definitions 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 https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and

Certifications Dec 2014

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Jun 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

Oct 2018

52.219-6 Notice of Total Small Business Set-Aside Nov 2020 52.219-8 Utilization of Small Business Concerns Oct 2018 52.219-14 Limitations on Subcontracting Mar 2020 52.222-3 Convict Labor Jun 2003 52.222-6 Construction Wage Rate Requirements Aug 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records Aug 2018 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 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction Feb 1999

52.222-26 Equal Opportunity Sept 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction Apr 2015

52.222-37 Employment Reports on Veterans Jun 2020 52.222-40 Notification of Employee Rights Under the National

Labor Relations Act Dec 2010

52.222-50 Combating Trafficking in Persons Oct 2020 52.222-55 Minimum Wages Under Executive Order 13658 Nov 2020 52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2017 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 Drug-Free Workplace May 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving Jun 2020

52.225-13 Restrictions on Certain Foreign Purchases Feb 2021 52.227-4 Patent Indemnity-Construction Contracts Dec 2007 52.228-2 Additional Bond Security Oct 1997 52.228-5 Insurance – Work on a Government Installation Jan 1997

52.228-11 Pledges of Assets Aug 2018 52.228-15 Performance and Payment Bonds – Construction Jun 2020 52.232-5 Payments Under Fixed-Price Construction Contracts May 2014 52.232-16 Progress Payments Jun 2020 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 Dec 2013

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 52.236-5 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 52.236-17 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 52.246-21 Warranty of Construction Mar 1994 52.249-2 Termination for Convenience of the Government (Fixed

Price) Apr 2012

52.249-2, Alt I Termination for Convenience of the Government (Fixed Price)

Sep 1996

52-249-10 Default (Fixed Price Construction) Apr 1984 52.253-1 Computer Generated Forms Jan 1991

I.2 1452.215-70 RELEASE OF CLAIMS – DEPARTMENT OF THE INTERIOR (JUL 1996)

After completion of work and before final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

I.3 1452.228-70 LIABILITY INSURANCE (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

1. Worker’s compensation and employer’s liability: $100,000

2. General Liability: $100,000 each person and $500,000 each occurrence

3. Property Damage: $100,000

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days before the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate before beginning the work.

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

I.4 1452.236-70 PROHIBITION AGAINST USE OF LEAD-BASED PAINT –

DEPARTMENT OF THE INTETIOR (JUL 1996)

Paint containing more that .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

I.5 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the CO, Scott Achin and shall not be binding until so approved.

I.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

(a) Definitions. As used in this clause-

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,”

“disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or https://www.acquisition.gov/content/221301-definitions#i1096035 above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.7 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

Subcontracts. The Contractor shall insert the terms of this clause in every subcontracts or purchase order in excess of the threshold specified in FAR 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

I.8 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS (FEB 2021)

(a)Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item-

(1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or https://www.acquisition.gov/content/221303-applicability#id1617MD05061 https://www.acquisition.gov/content/221408-contract-clause#i1095976 https://www.acquisition.gov/content/2101-definitions#i1125359 how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

(1) For construction material that does not consist of wholly or predominately iron or steel or a combination of both –

(i) An unmanufactured construction material mined or produced in the United

States; or

(ii) A construction material manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United

States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominately of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material.

The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of “cost of components”.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominately of iron or steel or a combination of both means that the cost of the iron or steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron between 0.02 and 2 percent carbon and may include other elements.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b)Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominately of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)).

The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/12505-applicability-certain-laws-contracts-acquisition-cots-items#i1112949

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy

American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph I of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

I.9 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION

MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American-Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs I and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph I of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material.