Sol_140P8320Q0070.pdf
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- Telecom Line Replacement, Nez Perce NHS Federal contract opportunity
- Solicitation number
- 140P8320Q0070
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Statement of Work Revised_0002.pdf | ||
| Sol_140P8320Q0070_Amd_0002.pdf | ||
| Updated FAR provisions_0001.docx | DOCX document | |
| Sol_140P8320Q0070_Amd_0001.pdf | ||
| Attachment B DOL Wage Determination.pdf | ||
| Attachment C Forms to Return with Quote.docx | DOCX document | |
| Attachment A Statement of Work.pdf |
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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
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)
0040497343
NPS, PWR - OLYM MABO
600 E. Park Avenue
Port Angeles WA 98362-6757
PPY
Submit quotes electronically (by email) to michael_beatty@nps.gov. See instructions on
Michael Beatty 360-854-7219
108/10/2020
140P8320Q0070
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
This solicitation is being issued as a Request for Quotations. Substitute the words
"quote" and "Quoter" for "offer" and "Offeror" where they appear on this form. The acceptance of a quote by NPS will not establish a binding contract.
Request for Quotations #140P8320Q0070 is for the installation of new 36 Fiber Optic
Cable. The Contractor shall provide all materials, installation and management labor, transportation, insurance, administrative and other services to complete the proposed project.
PROJECT LOCATION: Spaulding Visitor Center, Nez Perce NHS, 39063 US Hwy 95 , Lapwai, ID 83540. Information about this site is at https://www.nps.gov/nepe/learn/historyculture/vb.htm
a) The North American Industrial Classification System (NAICS) code and the associated small business size standard are noted in provision 52.204-8 in Section K of this solicitation.
b) This procurement is unrestricted.
c) In accordance with FAR 36.204, the estimated magnitude of this construction project is between $25,000 and $100,000.
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 60 calendar days and complete it within ________________ ________________ calendar days after receiving
SEE Section F
08/28/2020
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
DOI, NPS, PWR - OLYM MABO - NOCA
810 State Route 20
Sedro-Woolley WA 98284-1263
PY1
Michael Beatty
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 16
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P8320Q0070
d) The time zone in Block 13a is Pacific.
e) All work will be performed under a single firm-fixed-price construction contract subject to the Wage Rate Requirements (Construction) clause
Delivery: 60 Days After Notice to Proceed
Period of Performance: 09/21/2020 to 11/20/2020
00010 contractor shall provide all labor, materials, tools, and other equipment, services and supervision required to complete the fiber optic cable installation work per the attached statement of work.
Administrative POC:
Michael Beatty
Contracting Officer
PH: 360-854-7219
EMAIL: michael_beatty@nps.gov
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
RFQ #140P8320Q0070
Telecomm Line Replacement Nez Perce NHS
SECTION A: Standard Form 1442 (Pages 1-3)
SECTION B: Contract Price Schedule
INSTRUCTIONS
Submit price for all line items; failure to do so may render the offer non-responsive. On lump-sum-priced line items, provide the total price only. If no specific line item exists for a portion of the work, include the costs in a related item. In case of errors in summations, the total of the corrected amounts governs. Round totals to whole dollars.
CONTRACT PRICE SCHEDULE
All work shall be performed in accordance with the attached specifications and wage determination.
All lines are “lump sum” except where noted. Refer to Attachment A Project Specifications for contract line item definitions.
Item 1: Fiber Installation/Conduit
Item 2: Activation and Connection $__________________
Item 3: Excavation/Boring $__________________
Item 4: Server Connection/Connectivity-Performance Testing $________________
TOTAL BASE LINE ITEMS $__________________
52.252-2 Federal Acquisition Regulation (FAR) and Department of the Interior (DIAR) Clauses Incorporated by Reference (Feb 1998) This solicitation and resulting 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 these addresses (clauses are from the FAR unless noted):
FAR https://www.acquisition.gov/?q=browsefar DIAR http://www.ecfr.gov/cgi-bin/textidx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/48chapter14.tpl Full text versions of all Deviations are found at https://www.acquisition.gov/content/caac-letters
SECTION C: Description/Specifications The contractor shall provide all labor, materials, tools, and other equipment, services and supervision require for the replacement of the current copper telecom T1 line with updated 36 Fiber Optic cable in accordance with the attachments listed in Section J.
SECTION D: Packaging and Marking (not used)
SECTION E: Inspection and Acceptance 52.246-12 Inspection of Construction. (AUG 1996)
SECTION F: Deliveries or Performance
52.242-14 Suspension of Work. (APR 1984)
52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 days after receiving the notice to proceed. The time stated for completion shall include final cleanup of the premises.
http://www.ecfr.gov/cgi-bin/textidx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/48chapter14.tpl http://www.ecfr.gov/cgi-bin/textidx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/48chapter14.tpl
SECTION G: Contract Administration Data
DIAR 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.
DIAR 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.
G.1 Appointment of Project Superintendent Prior to commencement of work on this contract, the contractor shall provide to the Contracting Officer and COR a letter designating a Project Superintendent. The designated individual will be responsible for operational problems and/or emergencies on a daily basis. The contractor agrees that notice to the designated representative shall constitute notice to the contractor and agrees to be bound by any commitments or representations made by the representative.
G.2 Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP; https://www.ipp.gov).
"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 (upload your business invoice as an attachment to the IPP invoice before you click “submit” in IPP):
1. Contractor’s standard business invoice,
2. Signed certification required by FAR clause 52.232-5,
3. Schedule of values for work being invoiced, and
4. If submitting a final invoice, also attach a signed copy of the Release of Claims form.
Contractor’s failure to attach the required documentation as specified above will result in the IPP invoice being rejected and cause a delay in payment.
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 www.SAM.gov record) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to contract award or within 3 - 5 business days after 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.
SECTION H: SPECIAL CONTRACT REQUIREMENTS
H.1 Wage Determination U.S. Department of Labor General Wage Decision no. ID20200024, is incorporated into this solicitation/contract, as shown in Section J.
H.2 Preconstruction Conference The Contracting Officer will conduct a preconstruction conference; the successful offeror will be notified and will be required to attend in person or by phone. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.
H.3 Notice of Required Bonds The awardee shall furnish a payment bond, using Standard Form 25A, or irrevocable letter of credit, within 10 days after contract award. The penal sum of the payment protection shall equal 100% of the contract price. Refer to clause 52.228- 13.
H.4 Interpretations of Contract: Notice of Ambiguities This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties' complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify, or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at time of contracting.
It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated. Failure to comply with such obligation shall be deemed a waiver and release of any and all claims for extra costs or delay arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.
H.5 Liability Insurance Requirements
(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:
Employer's liability $1,000,000 General liability $2,000,000 Construction
Per person $1,000,000 Per occurrence $2,000,000
Property damage $2,000,000 Architect-Engineer
Per person $200,000 Per occurrence $500,000 Property damage $ 20,000
Automobile liability Per person $200,000 Per occurrence for bodily injury $500,000 (other than passenger liability) Per occurrence for property damage $200,000
(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 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.
(c) The Contractor shall also maintain compensation insurance for employees engaged in the work, complying with the worker's compensation laws of the State in which the work is to be performed, performed and shall maintain liability insurance protecting the Contractor from claims because of bodily injury (including death) and property damage arising under this Contract. The Contractor shall furnish evidence of such coverage to the Contracting Officer at the same time as the liability insurance certificate.
H.6 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 only by the Government. Should Contractor's operations uncover, or his employees find any archeological remains, Contractor shall suspend operations at the site of discovery; notify Contracting Officer immediately of the findings; and continue operations 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 Contractor, s/he will be compensated by an equitable adjustment under the General Provisions of the Contract.
H.7 CONDUCT OF OPERATIONS
At all times the Contractor shall conduct their organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe. The broadcast playing of radios or other devices is prohibited on site or in buildings. Rowdy and disruptive behavior or sexual harassment by contractor’s employees will not be tolerated; individuals failing to comply will be removed from the site. Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer. No signs or advertisements (except those specified herein) shall be displayed on the construction site or within the park except with prior approval of the Contracting Officer.
H.8 INFECTIOUS DISEASE PREPAREDNESS AND RESPONSE – CORONAVIRUS PANDEMIC (COVID-19)
1. Contractors are responsible for their employees’ safety and the safety of job site visitors during the performance of this contract. We encourage contractors to follow guidance from the Department of Labor, Occupational Safety and Health Administration (OSHA), the Centers for Disease Control and Prevention (CDC), and all other applicable local, city, and state mandates. We encourage contractors to develop policies for infection prevention and an Infectious Disease Preparedness and Response Plan.
2. To the extent appropriate, Contractors should include the protective health and safety measures they intend to implement related to COVID-19 in any accident prevention or safety submittals required under this contract. These plans should contain preventive measures the contractor intends to follow while performing work on government property as well as responsive and corrective actions to be taken if an employee exhibits symptoms or tests positive for COVID-19.
3. Upon contract award, contractors should communicate with the Contracting Officer regarding contractor decisions and actions to protect the health and safety of workers for the duration of contract performance under which pandemic conditions exist.
4. The following websites provide additional guidance and information:
a. https://www.coronavirus.gov/
b. https://www.osha.gov/SLTC/covid-19/
c. https://www.cdc.gov/coronavirus/2019-ncov/index.html
d. https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/construction-workers.html
e. https://www.fema.gov/coronavirus
f. https://www.nps.gov/aboutus/news/public-health-update.htm
SECTION I: CONTRACT CLAUSES
52.202-1 Definitions. (JUN 2020) 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 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) 52.222-26 Equal Opportunity. (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-50 Combating Trafficking in Persons. (JAN 2019) 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 (SEPT 2013) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020) 52.225-9 -- Buy American–Construction Materials. Buy American–Construction Materials (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 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) (DEVIATION APR 2020) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-5 Payments under Fixed-Price Construction Contracts. (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, Alt. 1. (MAY 2014, DEC 1991) 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) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.243-5 Changes and Changed Conditions. (Apr 1984) 52.244-6 Subcontracts for Commercial Items. (JUN 2020) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price). (APR 1984) - Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991) DIAR 1452.215-70 Examination of Records by the Department of the Interior (APR 1984)
52.228-13 Alternative Payment Protections (JULY 2000)
(a) The Contractor shall submit one of the following payment protections: payment bond (on SF25A) or irrevocable letter of credit.
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within 10 days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting
Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
Addendum:
Should the contractor submit a payment bond (on SF25A), CAAC Letter 2020-04 Class Deviation from the FAR will apply. This class deviation allows for flexibilities regarding the requirements for hard copy original documents, original signatures, notarization, and seals on bonds in connection with the COVID-19 pandemic. The CAAC letter may be viewed at https://www.acquisition.gov/content/caac-letters.
52.236-13 Accident Prevention. (NOV 1991) - Alternate I
(a) The Contractor shall provide and maintain work environments and procedures which will -
(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;
(2) Avoid interruptions of Government operations and delays in project completion dates; and
(3) Control costs in the performance of this contract.
(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall -
(1) Provide appropriate safety barricades, signs, and signal lights;
(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and
(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.
(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.
(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.
(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.
(f) Before commencing the work, the Contractor shall -
(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and
(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.
Addendum: Site-Specific Accident Prevention Plan A site-specific Accident Prevention Plan (APP) covering on-site work to be performed by the contractor and all subcontractors is required. The prime contractor shall be responsible for development, implementation, and oversight of the plan. The plan shall address site-specific safety and health requirements and procedures based upon specific anticipated conditions, and address anticipated tasks, their related hazards, and anticipated control measures. In addition, work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational Safety and Health Administration (OSHA) standards, 29 CFR, and FAR clause 52.236-13, Alt 1.
As work proceeds, the APP shall be adapted to new situations and new conditions. Changes and modifications to the accepted APP shall be made with the knowledge and concurrence of the safety office, site superintendent and Contracting Officer's Representative (COR).
Should any unforeseen hazards become evident during the performance of work, the contractor shall bring such hazard to the attention of the COR, both verbally and in writing for resolution as soon as possible. In the interim necessary action shall be taken to re-establish and maintain safe working conditions in order to safeguard on-site personnel, visitors, the public, and the environment.
DIAR 1452.203-70 Restriction on Endorsements—Department of the Interior (JUL 1996) The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.
SECTION J: List of Documents, Exhibits and Other Attachments
Attachment Number Attachment Title Number of Pages A Statement of Work 7 B Wage Determination 07/03/2020 6
Information and requirements stated in Sections A through J and the attachments noted in section J apply to this solicitation and the subsequent contract.
Sections K through M apply to the solicitation only.
SECTION K: Representations, Certifications, and Other Statements of Offerors
52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)
52.204-8 Annual Representations and Certifications. (MAR 2020)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238210,
(2) The small business size standard is $16.5M, average annual receipts for the past five years.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) □ Paragraph (d) applies.
(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
http://www.acquisition.gov/far/
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.
(xxiv) 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications., Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror.
__ (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA– Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
__ (A) Basic.
__ (B) Alternate I.
__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause # Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
SECTION L: Instructions, Conditions, and Notices to Offerors
52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/
52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.211-6 Brand Name or Equal (AUG 1999) 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)
L.1 INQUIRIES
1. To ensure questions are adequately addressed, questions must be received no later than FIVE calendar days prior to the quote due date shown in the latest solicitation amendment. Questions and/or comments received after this time may or may not be addressed prior to the solicitation closing date. Note: Amendment(s) to the solicitation answering any questions relative to these documents will be timely posted at beta.SAM.gov.
http://www.acquisition.gov/far/
2. Send written inquiries to michael_beatty@nps.gov
L.2 GENERAL NOTICES
1. By submission of its quote in accordance with the instructions provided in this Section L, the offeror unconditionally assents to the terms and conditions in this solicitation document and in any attachments hereto. Unless this solicitation document expressly authorizes alternate proposals with respect to specific terms or conditions of the solicitation, an objection to any of the terms and conditions of this solicitation document shall constitute a deficiency that will render the offer unacceptable.
2. Prior to submission of a quote, the offeror must have an active profile in the System for Award Management database
(www.SAM.gov);
3. By submission of a quote, the Contractor certifies that neither it, nor any person or firm who has an interest in the Contractor's firm, is a person or firm ineligible to be awarded Government contracts by virtue of being suspended or debarred in accordance with FAR Subpart 9.4.
4. You are authorized to use e-mail for submission of your quote.
L.3 QUOTE CONTENTS
(a) Your quote should include:
1) Pages 1 through 3 of the SF1442, completed, signed, and dated.
2) Completed Section B, Price Schedule.
3) Acknowledgement of solicitation amendments using one of the methods set forth in Block 11 of Standard Form
30, the amendment.
4) Completed "Experience and Past Performance" forms (or similar document) for 3 – 5 projects performed by the prime contractor demonstrating successful experience performing work similar to this contract. Include a brief description of the project, phone number, and/or e-mail address of customer.
5) List of proposed subcontractor(s), if applicable, with description of work they will perform, whether they are a small business, and completed “Subcontractor Reference” forms (or similar documents).
6) Brief statement of technical approach that demonstrates your understanding of the project requirements.
7) Proposed construction schedule with brief description of work phase sequencing.
8) Completed FAR representations and certifications.
9) OPTIONAL: Completed key personnel form for project manager and site superintendent.
(b) Prior to submitting a quote, the quoter must:
1) Establish and/or maintain an active profile in the System for Award Management database (www.SAM.gov); and
(c) By submission of a quote, the Contractor certifies that neither it, nor any person or firm who has an interest in the Contractor's firm, is a person or firm ineligible to be awarded Government contracts by virtue of being suspended or debarred in accordance with FAR Subpart 9.4.
L.4 SUBMITTING YOUR QUOTE
Submit one PDF file in which the items listed above are combined (may submit up to five separate files in Microsoft Word, Excel, or PDF format only if necessary). Attach electronic quote to e-mailed message and send to michael_beatty@nps.gov. Each message must be no larger than 20MB in size due to system limitations. Include the solicitation number in the message subject line. Include the business name in the file name, e.g. “ABC Co., 140P8319Q0001”.
Alternatively, your quote may be delivered on CD, DVD, or flash drive to Michael Beatty, National Park Service, 810 State Route 20, Sedro-Woolley WA 98284.
L.5 TYPE OF CONTRACT
The Government contemplates award of one firm fixed-price contract resulting from this solicitation.
http://www.sam.gov/
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female…
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