Sol_140P8421R0003.pdf
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- Attached to
- REMEDIATION AND SITE CLEAN UP AT SANTA MONICA MOUN Federal contract opportunity
- Solicitation number
- 140P8421R0003
About this file
This is a solicitation for remediation and site clean up services at Santa Monica Mountains National Recreation Area in Ventura and Los Angeles counties, California. The National Park Service requires a contractor to provide supervision, labor, materials, and equipment to complete remediation work at nine sites, including loading, hauling, and disposing of contaminated soils. The contractor must also return sites to finish grade, fill building footprints, install fencing and mulch, and remove asphalt and steel structures. The work must be performed in accordance with applicable laws and regulations. The contractor will obtain necessary permits and schedule site visits by appointment only. The estimated value is between $500,000 and $1,000,000. The NAICS code is 562910. This is a set-aside for Service-Disabled Veteran Owned Small Businesses. Offers are due by a specified date.
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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)
0040514052
NPS, PWR - GOGA MABO
Building 201, Fort Mason
San Francisco CA 94123
PPG
elizabeth_chico@nps.gov
Elizabeth Chico (530) 595-6113
1x 04/09/2021
140P8421R0003
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
REMEDIATION AND SITE CLEAN UP AT SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA, VENTURA AND LOS ANGELES COUNTIES, CALIFORNIA
The National Park Service, Santa Monica Mountains National Recreation Area, has a requirement for site remediation throughout nine areas of the park. The Contractor shall provide all supervision, labor, materials and equipment necessary to complete the work as identified in the project specifications and associated documents provided as attachments to the solicitation.
Per FAR 36.204 the project range is estimated to be between $500,000 and $1,000,000.
The North American Industry Classification System (NAICS) Code for this requirement is 562910, with a corresponding size standard of $22 million in annual gross receipts for the past three years.
This acquisition is a Service Disabled Veteran Owned Small Business Set-Aside
(SDVOSB). Offers are solicited only from total SDVOSB concerns. Offers received from concerns that are not SDVOSB concerns shall not be considered.
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.)
10 365 calendar days and complete it within ________________ ________________ calendar days after receiving
Section F
05/10/2021
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
DOI, NPS, PWR - PORE MABO - LAVO
Lassen Volcanic National Park
PO Box 100 Mineral CA 96063
PR3
Elizabeth Chico
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 71
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P8421R0003
The work of this contract consists of supervision, labor, tools, and equipment necessary to load, haul, accept, process, record, reduce, and provide final disposal of remaining soils that exceed preliminary remedial goals for nine areas throughout the recreation area. The work includes but is not limited to loading, hauling, accepting, processing, recording, reducing, and providing the final disposal of remaining soils that exceed preliminary remedial goals. The work also includes returning designated sites to current finish grade with compacted imported fill, filling interior of remain building footprint to a grade high enough for water to not pond, placing multiple inches of mulch, installing no-go fencing, installing silt fencing, removal and disposal of multiple tons of asphalt driveways, and removal and disposal of multiple tons of steel bridging.
The Contractor shall provide all manpower, equipment, testing, and supplies to perform the remediation and related services as identified within the specifications document and any additional documents or requirements. All work shall be performed in accordance with local, state, and federal laws. The Contractor shall obtain all necessary permits required to successfully complete the work.
Site Visits will be by appointment only- see
Section L for more information.
Delivery: 06/13/2022
Delivery Location Code: 0009060671
NPS, PWRO San Francisco
333 Bush Street
Suite 500
San Francisco CA 94104 US
Period of Performance: 06/14/2021 to 06/13/2022
00010 Remediation and Site Clean Up
See Section J Attachment 02: Specifications, for a detailed description of the requirement.
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
4 71
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P8421R0003
Refer to clauses and other attachments for additional information about this requirement and instructions on how to submit a proposal.
Product/Service Code: F108
Product/Service Description: ENVIRONMENTAL
SYSTEMS PROTECTION- ENVIRONMENTAL REMEDIATION
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
140P8421R0003- Remediation and Soil Clean Up
Table of Contents
Section B – Supplies or Services and Prices
B.1 – Contract Price Schedule
Section C – Description/Specifications/Statement of Work
C.1 – Project Specifications
Section E – Inspection and Acceptance
E.1 – FAR 52.246-12 – Inspection of Construction (Aug 1996)
Section F – Deliveries or Performance
F.1 – FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)
F.2 – FAR 52.211-10 – Commencement, Prosecution, and Completion of Work (Apr 1984)
F.3 – Deliverable (Post-Award): Contractor’s Daily Logs
Section G – Contract Administration Data
G.1 – Contract Administration
G.2 – Contractor Performance Assessment Reporting System (November 2015)
G.3 – DIAR 1452.201-70 – Authorities and Delegations (Sep 2011)
G.4 – Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)
G.5 – Correspondence
Section H – Special Contract Requirements
H.1 – Wage Rates
H.2 – Interpretation of Contract – Notice of Ambiguities
H.3 – Workers Compensation
H.4 – Site Specific Safety and Health Plan
H.5 – Option for Increased Quantity
Section I – Contract Clauses
I.1 – FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)
I.2 – DIAR 1452.203-70 – Restrictions on Endorsements – Department of Interior (Jul 1996)
I.3 – DIAR 1452.204-70 – Release of Claims – Department of the Interior (Jul 1996)
I.4 – DIAR 1452.215-70 – Examination of Records by the Department of the Interior (Apr 1984)
I.5 – DIAR 1452.228-70 – Liability Insurance – Department of Interior (July 1996)
I.6 – DIAR 1452.237-70, Information Collection – Department of the Interior (Jul 1996)
I.7 – 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
I.8 – FAR 52.222-35 – Equal Opportunity for Veterans (Jun 2020)
I.9 – FAR 52.222-36 – Equal Opportunity for Workers With Disabilities (Jun 2020)
I.10 – FAR 52.222-55 – Minimum Wages Under Executive Order 13658 (Nov 2020)
I.11 – FAR 52.223-9 – Estimate of Percentage of Recovered Material Content For EPA Designated Items (May 2008)
I.12 – FAR 52.225-9 – Buy American–Construction Materials (Feb 2021)
I.13 – Archeological Findings
I.14 – Conduct of Operations
Section J – List of Attachments
J.1 – Attachments
Section K – Representations, Certifications, and Other Statements of Offerors
K.1 – DIAR 1452.215-71 – Use and Disclosure of Proposal Information—Department of the Interior (Apr 1984)
K.2 – FAR 52.204-8 – Annual Representations and Certifications (Mar 2020)
K.3 – FAR 52. 52.204-24 Representation Regarding Certain Telecommunications and Video
K.4 – FAR 52.204-26 – Covered Telecommunications Equipment or Services-Representation (Oct
K.5 – FAR 52.209-7 – Information Regarding Responsibility Matters (Oct 2018)
K.6 – FAR 52.223-22 – Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-- Representation (Dec 2016)
K.7 – FAR 52.236-28 – Preparation of Proposals – Construction (Oct 1997)
Section L – Instructions, Conditions, and Notices to Offerors
L.1 – FAR 52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)
L.2 – DIAR 1452.233-2 – Service of Protest – Department of the Interior (Jul 1996 Deviation)
L.3 – FAR 52.216-1 – Type of Contract (Apr 1984)
L.4 – FAR 52.222-5 – Construction Wage Rate Requirements—Secondary Site of the Work (May 2014)
L.5 – FAR 52.222-23 – Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)
L.6 – FAR 52.225-10 – Notice of Buy American Requirement--Construction Materials (May 2014).57
L.7 – FAR 52.228-1 – Bid Guarantee (Sep 1996)
L.8 – FAR 52.236-27 – Site Visit (Construction) (Feb 1995)
L.9 – Instructions for the Submission of Offers and Other Information
L.10 – Responsibility Determination
Section M - Evaluation Factors for Award
M.1 – Evaluation Factors for Award
M.2 – Evaluation of Options
Section B – Supplies or Services and Prices
B.1 – Contract Price Schedule
See the attached Contract Price Schedule listed in Section J of this procurement for use to propose pricing.
Section C – Description/Specifications/Statement of Work
C.1 – Project Specifications
See the attached construction drawings, project specifications, and associated documents, listed in Section J of this procurement, for project requirements.
Section E – Inspection and Acceptance
E.1 – FAR 52.246-12 – Inspection of Construction (Aug 1996)
(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not --
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may --
(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or
(2) Terminate for default the Contractor’s right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.
Section F – Deliveries or Performance
F.1 – FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address:
https://www.acquisition.gov
FAR Clause Title Date
52.242-14 Suspension of Work Apr 1984
F.2 – FAR 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 365 days following receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.
F.3 – Deliverable (Post-Award): Contractor’s Daily Logs
Contractor shall prepare a daily log for each day work is performed under this contract. Copies of daily logs shall be submitted to the Contracting Officer, and may be compiled and submitted weekly, with payroll. Time necessary for completion of daily log is approximately 15 to 30 minutes. The contractor may choose to use its own format as long as the following elements are included on the log:
(a) Project Name
(b) Contract number
(c) Date
(d) Prime Contractor and/or Subcontractor https://www.acquisition.gov/
(e) Work performed, including number of employees by job categories (indicate if "prime" or "sub")
(f) Heavy equipment on job, hours worked (indicate if "prime" or "sub")
(g) Materials delivered
(h) Official visitors to site
(i) Inspections performed
(j) Verbal instruction received from government on construction deficiencies
(k) Certification (prime contractor's signature/COR's signature)
Section G – Contract Administration Data
G.1 – Contract Administration
Contracting Officer’s Representative(s) for this contract will be established via separate correspondence.
Contracting personnel responsible for administering this contract:
Elizabeth Chico Contracting Officer Lassen Volcanic National Park 38050 Hwy 36 E Mineral, CA 96063 Phone: (530) 595-6113 elizabeth_chico@nps.gov
G.2 – Contractor Performance Assessment Reporting System (November 2015)
1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS
- pronounced “peepers”) for Government use in evaluating past performance as part of a source selection action.
3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.
4) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at mailto:elizabeth_chico@nps.gov https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html http://www.cpars.csd.disa.mil/ . The CPARS User Manual, registration for Online Training for Contractor Representatives, and a practice application may be found at this site.
5) Within 60 days after the end of a performance period, the CO will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/.
a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
b) Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance.
c) In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions.
d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government.
e) If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
f) Your response is due within 30 calendar days after receipt of the CPAR.
6) The following guidelines apply concerning your use of the past performance evaluation:
a) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.
8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
http://www.cpars.csd.disa.mil/ https://www.cpars.gov/cparsfiles/pdfs/CPARS_User_Manual.pdf https://www.cpars.csd.disa.mil/webtrain.htm https://www.cpars.csd.disa.mil/webtrain.htm http://www.cpars.csd.disa.mil/
G.3 – DIAR 1452.201-70 – Authorities and Delegations (Sep 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.4 – Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
All documents and requirements included in 52.232-05, “Payments Under Fixed-Price Construction Contracts” including a PDF or other electronic copy of the 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 Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
G.5 – Correspondence
Copies of all correspondence and written notices between the Contracting Officer’s Representative and the Contractor shall be sent to the cognizant Contracting Officer at the address below, or by email. All correspondence sent by email shall state the contract number in the subject line of the email.
Elizabeth Chico
Contracting Officer Lassen Volcanic National Park 38050 Hwy 36 E Mineral, CA 96063 elizabeth_chico@nps.gov
Section H – Special Contract Requirements
H.1 – Wage Rates
Davis-Bacon Wage Rates apply for this project and are attached to this solicitation (See Section J). The project is located in Los Angeles and Ventura Counties, CA.
H.2 – Interpretation of Contract – Notice of Ambiguities
(a) 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.
(b) 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.3 – Workers Compensation
The Contractor is required to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of the Labor Code of the State of California. Evidence of coverage is required before commencement of project work.
H.4 – Site Specific Safety and Health Plan
A site specific safety and health plan shall be prepared covering on-site work to be performed by the contractor and all subcontractors. The prime contractor shall be responsible for development, implementation, and oversight of the site specific plan. The site specific safety and health plan shall establish in detail, the protocols necessary for recognition, evaluation, and control of hazards associated with each task performed. The plan shall address site specific safety and health requirements and procedures based upon site specific conditions. The level of detail provided in the site specific safety and health plan shall be tailored to the type of work, complexity of operations to be performed, and hazards anticipated. The site specific safety and health plan shall address, in as much detail as possible, anticipated tasks, their related hazards, and anticipated control measures.
As work proceeds, the site specific safety and health plan shall be adapted to new situations and new conditions. Changes and modifications to the accepted site specific safety and health plan shall be made with the knowledge and concurrence of the safety office, site superintendent, and contracting office.
Should any unforeseen hazard become evident during the performance of work, the contractor shall bring such hazard to the attention of the safety office and 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.
Prior to submittal to the COR, the site specific safety and health plan shall be signed and dated by the prime contractor's safety and health manager and site superintendent. The site specific safety and health plan shall be part of the contractor's safety and Health program. The contractor shall submit to the COR the contractor's site specific safety and health plan for review and acceptance by the safety office.
Work performed under this contract shall comply with applicable federal, state, and local safety and occupational health laws and regulations, including planned adherence to any local government health orders in effect to reduce the rate of transmission of Novel Coronavirus Disease 2019 (“COVID-19”).
This includes, but is not limited to, Occupational Safety and Health Administration (OSHA) standards, 29 CFR, Part 1910 and Part 1926. Where the requirements of applicable laws, criteria, ordinances, regulations, and referenced documents vary the most stringent requirements shall apply.
H.5 – Option for Increased Quantity
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract end date. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
Section I – Contract Clauses
I.1 – FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address:
https://www.acquisition.gov
FAR Clause Title Date
52.202-1 Definitions Jun 2020
52.203-3 Gratuities Apr 1984
52.203-5 Covenant Against Contingent Fees May 2014
52.203-6 Restrictions on Subcontractor Sales to the Government Jun 2020
52.203-7 Anti-Kickback Procedures Jun 2020
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014
52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights Jun 2020
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Jun 2020
52.204-13 System for Award Management Maintenance Oct 2018
52.204-14 Service Contract Reporting Requirements Oct 2016
52.204-18 Commercial and Government Entity Code Maintenance Aug 2020
52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014
52.204-22 Alternative Line Item Proposal Jan 2017
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities Jul 2018 https://www.acquisition.gov/
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Aug 2020
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Jun 2020
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters Oct 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations Nov 2015
52.211-18 Variation in Estimated Quantity Apr 1984
52.215-2 Audit and Records – Negotiation Jun 2020
52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data Oct 2010
52.219-8 Utilization of Small Business Concerns Oct 2018
52.219-13 Notice of Set-Aside of Orders Mar 2020
52.219-14 Limitations on Subcontracting Mar 2020
52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside Mar 2020
52.219-28 Post-Award Small Business Program Representation Nov 2020
52.222-3 Convict Labor Jun 2003
52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation Mar 2018
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
52.222-37 Employment Reports on Veterans Jun 2020
52.222-40 Notification of Employee Rights Under the National Labor Relations Act Dec 2010
52.222-50 Combating Trafficking in Persons Oct 2020
52.222-54 Employment Eligibility Verification Oct 2015
52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2017
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts Sep 2013
52.223-5 Pollution Prevention and Right-to-Know Information May 2011
52.223-6 Drug-Free Workplace May 2001
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts Aug 2018
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Jun 2020
52.225-13 Restriction on Certain Foreign Purchases Feb 2021
52.227-1 Authorization and Consent Jun 2020
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement Jun 2020
52.227-4 Patent Indemnity -- Construction Contracts Dec 2007
52.228-2 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
52.228-15 Performance and Payment Bonds – Construction Jun 2020
52.229-3 Federal, State, and Local Taxes Feb 2013
52.232-5 Payments under Fixed-Price Construction Contracts May 2014
52.232-17 Interest May 2014
52.232-23 Assignment of Claims May 2014
52.232-27 Prompt Payment for Construction Contracts Jan 2017
52.232-33 Payment by Electronic Funds Transfer-- System for Award Management Oct 2018
52.232-39 Unenforceability of Unauthorized Obligations Jun 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013
52.233-1 Disputes- Alt I May 2014
52.233-3 Protest after Award Aug 1996
52.233-4 Applicable Law For Breach Of Contract Claim Oct 2004
52.236-2 Differing Site Conditions Apr 1984
52.236-3 Site Investigation and Conditions Affecting the Work Apr 1984
52.236-5 Material and Workmanship Apr 1984
52.236-6 Superintendence by the Contractor Apr 1984
52.236-7 Permits and Responsibilities Nov 1991
52.236-8 Other Contracts Apr 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements Apr 1984
52.236-10 Operations and Storage Areas Apr 1984
52.236-11 Use and Possession Prior to Completion Apr 1984
52.236-12 Cleaning Up Apr 1984
52.236-13 Accident Prevention Nov 1991
52.236-15 Schedules for Construction Contracts Apr 1984
52.236-17 Layout of Work Apr 1984
52.236-21 Specifications and Drawings for Construction Feb 1997
52.236-26 Preconstruction Conference Feb 1995
52.242-13 Bankruptcy Jul 1995
52.243-4 Changes Jun 2007
52.244-6 Subcontracts for Commercial Items Nov 2020 52.246-21 Warranty of Construction Mar 1994
52.248-3 Value Engineering – Construction Oct 2020 52.249-2 Alt I
Termination for Convenience of the Government (Fixed-Price) Alternate I Sep 1996
52.249-10 Default (Fixed-Price Construction) Apr 1984
52.253-1 Computer Generated Forms Jan 1991
I.2 – DIAR 1452.203-70 – Restrictions on Endorsements – Department of 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.
I.3 – 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.
I.4 – DIAR 1452.215-70 – Examination of Records by the Department of the Interior (Apr 1984)
For purposes of the Examination of Records by the Comptroller General clause of this contract (FAR 52.215-1), the Secretary of the Interior, the Inspector General, and their duly authorized representative(s) from the Department of the Interior shall have the same access and examination rights as the Comptroller General of the United States.
I.5 – DIAR 1452.228-70 – Liability Insurance – Department of Interior (July 1996)
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
$1,000,000.00 each person
$1,000,000.00 each occurrence
$1,000,000.00 property damage
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.
I.6 – DIAR 1452.237-70, Information Collection – Department of the Interior (Jul 1996)
If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the Contracting Officer written notification that approval has been obtained from the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.
I.7 – 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
(a) Definitions. As used in this clause--
“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.
“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.
(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.
(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.
I.8 – FAR 52.222-35 – Equal Opportunity for Veterans (Jun 2020)
(a) Definitions. As used in this clause-
“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
I.9 – FAR 52.222-36 – Equal Opportunity for Workers With Disabilities (Jun 2020)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
I.10 – FAR 52.222-55 – Minimum Wages Under Executive Order 13658 (Nov 2020)
(a) Definitions. As used in this clause--
“United States'' means the 50 states and the District of Columbia.
“Worker''— https://www.acquisition.gov/content/221301-definitions#i1096035 https://www.acquisition.gov/content/221303-applicability#id1617MD05061 https://www.acquisition.gov/content/221408-contract-clause#i1095976
(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and—
(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);
(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and
(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.
(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).
(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.
(b) Executive Order Minimum Wage rate.
(1) The Contractor shall pay to workers, while performing in the…
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