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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)
0040568553
NPS, PWR - OLYM MABO
600 E. Park Avenue
Port Angeles WA 98362-6757
PPY
Submit quote electronically (by e-mail) to sarah_welch@nps.gov. See instructions on Page 3 and in Section L.
Sarah Welch (360) 854-7220
0319700A
03/21/2022
140P8322Q0021
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 #140P8322Q0021 is for construction of a non-residential septic system sized for 625 gallons per day to support the Quinault Rain Forest
Ranger Station and Visitor Center comfort station. The new system consists of a septic tank, pump chamber, and pressurized dispersal mound drainfield with pump control panel. The Contractor shall furnish all needed labor, equipment, supplies, materials, insurance, fees, lodging, and transportation to perform the work. Target work period is summer 2022.
PROJECT LOCATION: Olympic National Park, 902 North Shore Road, Amanda Park, WA
98526. Information about the park is at www.nps.gov/olym.
Notes:
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.
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
Section F and Attachment 1.
04/21/2022
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
Sarah Welch
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 22
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P8322Q0021
b) This procurement is 100% set-aside for small business concerns in accordance with FAR Part
19.5.
c) In accordance with FAR 36.204, the estimated magnitude of this construction project is between
$25,000 and $100,000.
d) NPS will host an organized site visit on
Thursday, March 31, 2022, at 10:00 am.
e) The time zone in Block 13a is Pacific.
f) All work will be performed under a single firm-fixed-price construction contract subject to the Wage Rate Requirements (Construction) clauses.
Instructions: To complete this SF1442, write your business name, address, Unique Entity Identifier
(UEI), and point of contact in Block 14 and complete Blocks 15 through 20C, including acknowledging all amendments in Block 19.
Complete Price Schedule in "Forms to return with quote" and return with documents listed in
Section L. Additional details are provided in
Section L.
This action is for the federal government and is exempt from state sales tax (#53-0197094).
Contracting Officer: sarah_welch@nps.gov;
360-854-7220.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
RFQ #140P8322Q0021 Olympic NP
SECTION A: Standard Form 1442 (Pages 1-3)
SECTION B: Price Schedule All work shall be performed in accordance with the attached specifications, drawings, and wage determination. Refer to Definition of Line Items in Attachment 1 for details.
Construct Pressure Distribution Mound Septic System at Quinault Rain Forest Ranger Station, Olympic National Park, WA
Description Price (lump sum)
Item 1 – Construct Pressure Distribution Mound Septic System $__________________
Item 2 – Complete Electrical Modifications for Pump Control $__________________
Item 3 – Provide Portable Toilets $__________________
TOTAL for Items 1 - 3 $__________________
SECTION C: Description/Specifications These documents are attached and incorporated into this solicitation/contract, as shown in Section J.
Attachment 1: Specifications - Quinault VC Comfort Station Drainfield (OLYM 319700) Attachment 2: Drawings - Quinault VC Comfort Station Drainfield (OLYM 319700) Attachment 3: Inadvertent Discovery Plan for Quinault VC Drainfield Improvements
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/text-idx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/48chapter14.tpl Full text versions of all Deviations are found at https://www.acquisition.gov/content/caac-letters.
SECTION D: Packaging and Marking (not used)
SECTION E: Inspection and Acceptance 52.246-12 Inspection of Construction. (AUG 1996) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (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 (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
http://www.ecfr.gov/cgi-bin/text-idx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/48chapter14.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=e3fdab2f32e71039c0f3823dcff65823&tpl=/ecfrbrowse/Title48/48chapter14.tpl
Schedule considerations NPS anticipates awarding the contract in early May. The pre-construction meeting and submittal processes will occur soon thereafter. The target work period is summer 2022.
Seasonal Break in Contract Performance Although NPS does not intend to suspend work during contract performance, seasonal weather conditions may restrict or prohibit normal contract activities. The Contractor’s construction schedule should take into account historic weather patterns when planning the work sequence.
SECTION G: Contract Administration Data
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.
G.1 Appointment of Contractor Representative / Superintendent Prior to commencement of work on this contract, the contractor shall provide to the Contracting Officer and COR the name and telephone number of at least one responsible individual who will serve to respond to 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:
1. Signed certification required by FAR clause 52.232-5,
2. Weight tickets from certified scale showing tonnage of purchased rock, and
3. Contractor’s standard business invoice.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone
(866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
G.3 NPS Contact Information Contracting Officer: Sarah Welch 360-854-7220 sarah_welch@nps.gov Contracting Officer’s Representative: Kerri Cook, PE 360-565-3161 kerri_cook@nps.gov
SECTION H: SPECIAL CONTRACT REQUIREMENTS
H.1 Wage Determination Attachment 4, U.S. Department of Labor General Wage Decision #WA20220046 (Grays Harbor County, Washington), 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 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 $100,000 General liability $1,000,000 Construction
Per person $500,000 Per occurrence $1,000,000 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 $20,000
(b) If this is a construction contract, the Contractor shall 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 and shall maintain liability insurance protecting the Contractor from claims because of bodily injury (including death) and property damage arising under this Contract.
(c) 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.
H.4 Septic Installer The septic system shall be installed by a qualified, licensed septic system installer certified by a local health jurisdiction (typically a county) in Washington State.
H.5 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 follow the protocols in Attachment 3, Inadvertent Discovery Plan; 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.6 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 park compendium is available at https://www.nps.gov/olym/learn/management/superintendent-s-compendium.htm; this document will be updated in early 2022; the contractor must comply with the compendium in effect at the time.
The playing of radios, cassette recorders, etc., 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. 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.
Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer.
H.7 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 the time of contracting.
It is the Contractor’s obligation 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.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.
SECTION I: Contract Clauses
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) [Applies only if award exceeds $150,000.]
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 (AUG 2020)
52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)
52.219-28 Post-Award Small Business Program Re-representation. (SEP 2021)
52.222-3 Convict Labor. (JUN 2003)
52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (MAY 2018) [Applies only if award exceeds $150,000.]
52.222-6 Construction Wage Rate Requirements (AUG 2018)
52.222-7 Withholding of Funds. (MAY 2014)
52.222-8 Payrolls and Basic Records. (JUL 2021)
52.222-9 Apprentices and Trainees. (JUL 2005)
52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)
52.222-11 Subcontracts (Labor Standards). (MAY 2014)
52.222-12 Contract Termination - Debarment. (MAY 2014)
52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014)
52.222-14 Disputes Concerning Labor Standards. (FEB 1988)
52.222-15 Certification of Eligibility. (MAY 2014)
52.222-21 Prohibition of Segregated Facilities. (APR 2015)
52.222-26 Equal Opportunity. (SEP 2016)
52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)
52.222-35 Equal Opportunity for Veterans. (JUN 2020) [Applies only if award exceeds $150,000.]
52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)
52.222-37 Employment Reports on Veterans. (JUN 2020) [Applies only if award exceeds $150,000.]
52.222-50 Combating Trafficking in Persons. (NOV 2021)
52.222-55 Minimum Wages Under Executive Order 13658 (JAN 2022)
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)
52.223-3, Alt. 1 Hazardous Material Identification and Material Safety Data (FEB 2021), Alternate 1
(JUL 1995)
52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)
52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (MAY 2008)
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.
(MAY 2008)
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 (NOV 2021)
52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021)
52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)
52.228-2 Additional Bond Security (OCT 1997)
52.228-5 Insurance - Work on a Government Installation. (JAN 1997)
52.228-11 Pledges of Assets (FEB 2021)
52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)
52.228-14 Irrevocable Letter of Credit (NOV 2014) [Applies only if award is below $150,000.]
52.228-15 Performance and Payment Bonds - Construction. (JUN 2020) [Applies only if award exceeds $150,000.]
52.232-5 Payments under Fixed-Price Construction Contracts. (JUN 2020)
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 (NOV 2021)
52.233-1 Disputes (MAY 2014) Alternate 1 (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)
52.236-9 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)
52.236-17 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. (JAN 2022)
52.246-21 Warranty of Construction. (MAR 1994) - Alternate I (APR 1984)
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 (APR 1984)
(b) Department of the Interior (48 CFR 14)
52.253-1 Computer Generated Forms. (JAN 1991)
1452.215-70 Examination of Records by the Department of the Interior (APR 1984)
52.228-13 Alternative Payment Protections (JULY 2000) [applies only if contract award <$150,000]
(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 to 52.228-13:
If the contractor submits 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 to 52.236-13, Alt 1:
A site-specific Accident Prevention is required for this contract, as described in the Specifications. As work proceeds, the Accident Prevention Plan (APP) shall be adapted to new situations and new conditions. Modifications to the accepted APP shall be made with the knowledge and concurrence of the Contracting Officer, site superintendent, and Contracting Officer's Representative (COR). 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 this FAR clause.
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.
1452.203-70 Restriction on Endorsements (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.
1452.204-70 Release of Claims (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.
1452.236-70 Prohibition Against Use of Lead-based Paint—Department of the Interior (JUL 1996) Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.
SECTION J: List of Documents, Exhibits and Other Attachments
Attachment Attachment Title Number of Pages 1 Specifications (OLYM 319700) 15 2 Drawings (OLYM 319700) 11 3 Inadvertent Discovery Plan 3 4 Wage Determination (WA20220046) 7
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): www.acquisition.gov/far
52.204-8 Annual Representations and Certifications. (JAN 2022)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237110 Water and Sewer Line and Related Services Construction
(2) The small business size standard is $39.5 million, average annual gross receipts for the past five years.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition— (i)Is set aside for small business and has a value above the simplified acquisition threshold;
(ii)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (iii)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(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.
(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 products or commercial services.
(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 $92,319, the provision with its Alternate II applies.
(D) If the acquisition value is $92,319 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. 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.] _x_ (i) 52.204-17, Ownership or Control of Offeror.
_x_ (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)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212- 3, Offeror Representations and Certifications-Commercial Products or Commercial Services.
The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25
Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or…
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