Sol_140P6020R0002.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)

NPS, MWR - MWRO MABO

601 Riverfront Drive

Omaha NE 68102

PMH

Nicholas M Murray

Contract Specialist 402.661.1698 nicholas_m_murray@nps.gov

Nicholas Murray 4026611698

1x 03/31/2020

140P6020R0002

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

PROJECT TITLE: Masonry Fireplace & Historic Stone Wall Repair

The Department of Interior, National Park Service, Midwest Region Major Acquisition

Buying Office intends is issuing solicitation (140P6020R0002), for the restoration/rebuilding of specific masonry features on the historic Boy Scout Picnic

Shelter historic stone entry wall located at Herbert Hoover National Historic Site in West Branch, IA

In order to be awarded a contract an offeror must have a DUNS number, be registered and active in the System for Award Management (SAM), http://www.sam.gov, and have completed their Online Representations and Certifications. Active registration is required at the time of proposal, time of award, and throughout the period of performance until all payments are made.

THIS PROCUREMENT IS 100% SMALL BUSINESS SET-ASIDE.

TYPE OF CONTRACT: One (1) Firm-Fixed Price Contract will be awarded on a best value basis.

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 90 calendar days and complete it within ________________ ________________ calendar days after receiving

04/30/2020

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

NPS, MWR - MWRO MABO

601 Riverfront Drive

Omaha NE 68102

PMH

James Bissaillon

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 40

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P6020R0002

GENERAL INFORMATION: IAW FAR 36.204, the estimated magnitude of the project is between

$100,000 and $250,000. This is not the Government

Estimate.

NAICS CODE: 238140 (Masonry Contractors). The small business standard is $16.5M.

CONTRACT PERIOD OF PERFORMANCE: Estimated at 90 days after Notice to Proceed is issued.

THE PROJECT IS SUBJECT TO THE DAVIS-BACON ACT:

General Decision Number: IA20200036 01/24/2020

Superseded General Decision Number: IA20190036

State: Iowa

Construction Type: Building

County: Johnson County in Iowa.

REQUIRED SUBMISSION DOCUMENTS:

1. Completed Price Schedule in Section B of

Solicitation

2. Complete and sign the SF-1442

3. Review all required vendor completed sections within the solicitation document and provide all requested documents and information in section L of the solicitation.

4. Estimated project schedule.

PAYMENT PROTECTIONS: A bid bond (SF- 24) at least

20 percent of the bid price. A performance bond

(SF-25) and payment bond (SF-25a) will be required 100% of the contract price and insurance will be required for this project.

PLEASE BE ADVISED THAT THIS REQUIREMENT MAY BE

DELAYED, CANCELLED, OR REVISED AT ANY TIME DURING

THE PROCESS BASED ON DECISIONS RELATED TO THE

DEPARTMENT OF INTERIOR (DOI) AND NATIONAL PARK

SERVICE (NPS).

Delivery: 90 Days After Notice to Proceed

00001 Masonry Fireplace Repair & Historic Stone Wall in 1 JB accordance with the Scope of Work Specifications, Wage Determinations, and all addenda

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

Sponsored by GSA

FAR (48 CFR) 53.110

140P6020R0002 HEHO_Masonry Fireplace Repair & Historic Stone Wall Page 4 of 40

A - Solicitation/Contract Form 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014)

B - Supplies or Services/Prices

PRICE SCHEDULE

C - Description/Specifications See Attachment 0001 “A04 Scope of Work” See Attachment 0002 “B03 DOL Wage Determination”

E - Inspection and Acceptance 52.246-12 Inspection of Construction. (AUG 1996) 52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements (Aug. 1996) 52.246-21 Warranty of Construction. (MAR 1994) F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984) 52.211-12 Liquidated Damages - Construction. (SEP 2000) 52.211-13 Time Extensions. (SEP 2000)

G - Contract Administration Data

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

1452.204-70 Release of Claims – Department of the Interior. (JUL 1996) 1452.228-70 Liability Insurance – Department of the Interior (JUL 1996) Electronic Invoicing and Payment Requirements – Invoicing Processing Platform (IPP) (April 2013)

H - Special Contract Requirements

GREEN PROCUREMENT

I - Contract Clauses 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.202-1 Definitions (Nov 2013) 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 (Sep 2006) 52.203-7 Anti-Kickback Procedures (May 2014) 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 (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (JAN 2017) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2018) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (October 2015)

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52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) 52.215-2 Audit and Records- Negotiations (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-14 Limitations on Subcontracting. (JAN 2017) 52.219-16 Liquidated Damages – Subcontracting Plan (JAN 1999) 52.219-28 Post-Award Small Business Program Representation. (JUL 2013) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018) 52.222-6 Construction Wage Rate Requirements. (MAY 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) 52.222-26 Equal Opportunity. (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 – Equal Opportunity for Workers With Disabilities (Jul 2014) 52.222-37 -- Employment Reports on Veterans (Feb 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) 52.222-50 Combating Trafficking in Persons. (JAN 2019) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(SEP 2013)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 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. (AUG 2011) 52.225-9 Buy American - Construction Materials. (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

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52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-1 Bid Guarantee (Sep 1996)..22 52.228-1 Bid Guarantee (Sep 1996) 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) 52.228-12 -- Prospective Subcontractor Requests for Bonds. (May 2014) 52.228-13 -- Alternative Payment Protections. (Jul 2000) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds- Construction (Oct 2010) 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-16 Progress Payments. (APR 2012) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-25 Prompt Payment (Jan 2017) 52.232-27 Prompt payment for construction contracts. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (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) 52.236-15 Schedules for Construction Contracts (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) 52.242-14 Suspension of Work. (APR 1984)

140P6020R0002 HEHO_Masonry Fireplace Repair & Historic Stone Wall Page 7 of 40

52.243-4 -- Changes. (Jun 2007) 52.244-6 -Subcontracts for Commercial Items. (JAN 2019) 52.246-21 Warranty of Construction. (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2015) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.252-6 Authorized Deviations in Clauses (1984)

J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

(SEP 2007)

52.204-8 Annual Representations and Certifications. (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting. (JUL 2016) 52.204-17 Ownership or Control of Offeror (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.204-20 Predecessor of Offeror. (JUL 2016) 52.209-5 –Certification Regarding Responsibility Matters (OCT 2015) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016) 52.219-1 Small Business Program Representations 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. (Oct 2015) 52.236-28 Preparation of Proposals - Construction. (OCT 1997)

L - Instructions, Conditions, and Notices to Bidders 52.204-7 System for Award Management. (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting. (JUL 2015) 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016) 52.216-1 Type of Contract. (APR 1984) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) 52.225-10 -- Notice of Buy American Requirement—Construction Materials (MAY 2014) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.233-2 Service of Protest. (SEP 2006) 52.236-27 Site Visit (Construction) (FEB 1995) 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984)...35 Proposal Submission Instructions and Limitations

M - Evaluation Factors for Award

1. EVALUATION FACTORS FOR AWARD

2. RELATIVE IMPORTANCE OF FACTORS

3. EVALUATION PROCESS

140P6020R0002 HEHO_Masonry Fireplace Repair & Historic Stone Wall Page 8 of 40

A - Solicitation/Contract Form

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 (c) 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 (c) 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. An offer based on use of the foreign construction material for which an exception was requested-

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

All provisions and clauses provided by number and title only are hereby incorporated by reference, with the same force and effect as if they were given in full text. See 52.252-1 and 52.252-2.

B - Supplies or Services/Prices

Each proposed item shall include all cost for materials, labor, expenses, fees, taxes, permitting costs, and any other costs associated with each proposed item to construct the following areas of work in accordance with the contact documents. The Government will not be responsible for any costs incurred by offeror in the research, preparation, or submission of its proposal.

140P6020R0002 HEHO_Masonry Fireplace Repair & Historic Stone Wall Page 9 of 40

PRICE SCHEDULE

ITEM DESCRIPTION QUANTITY UNIT PRICE

0010 Masonry Fireplace & Historic 1 Job Stone Wall Repair

ITEM 1: Demo existing concrete slab $___________

ITEM 2: Form and pour new slab $___________

ITEM 3: Demo existing stone fireplace $___________

ITEM 4: Rebuild stone fireplace $___________

ITEM 5: Demo damaged section of stone wall $___________

ITEM 6: Rebuild section of stone wall $___________

ITEM 7: Total Overhead (____%) $___________

ITEM 8: Total Profit (____%) $___________

ITEM 9: Total Bonding (____%) $___________

TOTAL LUMP SUM PRICE $___________

- END OF SCHEDULE –

C - Description/Specifications

See Attachment 0001 “A04 Scope of Work”

See Attachment 0002 “B03 DOL Wage Determination”

E - Inspection and Acceptance Interim and Final Inspections:

1. Prior to covering, enclosing, or hiding any type of work, the contractor shall contact the Contracting Officer’s Representative to perform an interim inspection. Failure to contact the COR to perform an interim inspection prior to concealment may result in the Contractor being required to uncover performed work sufficiently to allow for proper inspection.

2. When ready for final inspection, the Contractor shall notify the Contracting Officer and Contracting Officer’s Representative, requesting a final inspection in writing to the Contracting

140P6020R0002 HEHO_Masonry Fireplace Repair & Historic Stone Wall Page 10 of 40

Officer. The final inspection shall normally be requested a minimum of three (3) working days before the desired inspection date or as otherwise negotiated with the Contracting Officer.

3. The final inspection will be on-site with the Contractor, the Contracting Officer’s Representative and the Contrast Specialist/Contracting Officer (when possible).

52.246-12 Inspection of Construction. (AUG 1996)

52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements (Aug. 1996)

52.246-21 Warranty of Construction. (MAR 1994)

F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (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 ninety (90) days after the Contractor received the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $130.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.211-13 Time Extensions. (SEP 2000)

G - Contract Administration Data (a)The Contracting Officer/Contract Specialist administrating the Contract:

Contract Administrator: Contracting Officer:

Nicholas M Murray James Bissaillon National Park Service-MWRO MABO National Park Service-MWRO MABO 601Riverfront Dr 601 Riverfront Dr Omaha, NE 68102 Omaha, NE 68102 402-661-1698 402-661-1690 nicholas_m_murray@nps.gov james_bissaillon@nps.gov

(b) The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.

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(c) Contractual problems, of any nature, which might occur during the life of the contract, must be handled in conformance with very specific public laws and regulations (e.g., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems.

Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.

(d) Any request for contract changes/modifications shall be submitted to the CO.

(e) The contractor and the Government may agree to perform a no-cost field change. Field changes are made when the change appears to be mutually beneficial to all parties and would not require changing the negotiated line items. An example of a field change is: rerouting planned location of a sidewalk to avoid a tree (when quantities are not changed). All field changes must be approved by the CO prior to execution.

(f) All correspondence concerning this contract, such as requests for information (RFI), explanation of terms, and contract interpretation, shall be submitted to the CO.

Final Payment.

Final payment will be made only after receipt of all payrolls to include subcontractors, SF-1413 Statement of Acknowledgement for each subcontractor, project schedule, updated progress reports, material submittals, test reports, as-built drawings, and release of claims. Contractor must provide a signed copy of the 'Release of Claims' to the Contract Administrator upon submittal of final invoice.

Availability of Utility Services Notwithstanding the provisions of contract clause FAR 52.236-14, Availability and Use of Utility Services, all reasonable required amounts of water, gas, electricity, etc. are available for temporary connection. All temporary connections, outlets, meters and distribution lines as may be required will be installed by the contractor at the contractor's own expense.

Utility Conversation The contractor will be required to participate in government energy conservation programs. For the purpose of this contract, utilities such as water, electricity, etc., will not be furnished by the Government.

The contractor is responsible for all utilities to include providing portable restrooms.

Occupational Safety and Health Act (OSHA) Inspections The contractor shall be subject to inspections under the OSHA program by inspectors of the Department of Labor.

LEGAL HOLIDAYS

The following legal holidays are observed by the National Park Service:

New Year Day 1 January Martin Luther King Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day 11 November Thanksgiving Day 4th Thursday in November Christmas 25 December

Note: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holiday falling on Sunday will be observed on the following Monday.

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1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

1452.204-70 Release of Claims – Department of the Interior. (JUL 1996)

After completion of work and prior to 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.

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1452.228-70 Liability Insurance – Department of the Interior (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:

$100,000.00 for each person $50,000.00 for each occurrence $500,000.00 for property damage

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

(End of clause)

Electronic Invoicing and Payment Requirements – Invoicing Processing Platform (IPP) (April 2013)

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

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: http://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Vendor’s Invoice detailing all charges along with any other supporting documentation as stipulated by the Contracting Officer. Ensure the contract award number is on all documents.

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 Boston (FRBB) prior to 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 Officer with its proposal or quotation.

(End of Clause)

Submittals

1. If required, submittals shall be submitted within ten (10) calendar days of the notice to proceed being issued. This shall include, but not limited to, manufacturer’s instructions, drawings, and samples.

http://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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2. An electronic copy of the submittal and supporting documents shall be submitted via e-mail to the Contracting Specialist when possible. If the files are too large the contractor shall deliver the submittals via an alternate method of their preference, ensuring delivery within the 10 day time frame.

H - Special Contract Requirements

GREEN PROCUREMENT

To the extent that the construction services provided by the Contractor require provision of any of these types of products, the Contractor is expected to provide the green type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards.

The clauses at FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy Consuming Products, and 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts, require the use of products that have biobased content, are energy efficient, or have recycled content.

I - Contract Clauses

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar or http://farsite.hill.af.mil

(End of clause)

52.202-1 Definitions (Nov 2013)

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 (Sep 2006)

52.203-7 Anti-Kickback Procedures (May 2014)

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 (Oct 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) https://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/

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52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (JAN 2017)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2018)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-22 Alternative Line Item Proposal (JAN 2017)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (October 2015)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.215-2 Audit and Records- Negotiations (Oct 2010)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

52.219-8 Utilization of Small Business Concerns (OCT 2018)

52.219-14 Limitations on Subcontracting. (JAN 2017)

52.219-16 Liquidated Damages – Subcontracting Plan (JAN 1999)

52.219-28 Post-Award Small Business Program Representation. (JUL 2013)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options.

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

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

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

(3) For long-term contracts-

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

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

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

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Reprensentations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

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

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code 238140 (Masonry Contractors) assigned to the subject contract. (Contractor to sign and date and insert authorized signer's name and title).

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52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018)

52.222-6 Construction Wage Rate Requirements. (MAY 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)

52.222-26 Equal Opportunity. (SEP 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

52.222-35 Equal Opportunity for Veterans (Oct 2015)

(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 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.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more 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 of identify properly the parties and their undertakings.

[Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded.

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(d) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA).

(End of Clause)

52.222-36 – Equal Opportunity for Workers With Disabilities (Jul 2014)

(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.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 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.

[Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded.

(c) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing section 503 of the Rehabilitation Act of 1973, as amended.

(End of Clause)

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52.222-37 -- Employment Reports on Veterans (Feb 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)

52.222-50 Combating Trafficking in Persons. (JAN 2019)

52.222-54 Employment Eligibility Verification. (OCT 2015)

52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

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. (AUG 2011)

52.225-9 Buy American - Construction Materials. (MAY 2014)

(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 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-

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 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; or

(ii) The construction material is a COTS item.

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

United States means the 50…