Sol_140P8520Q0025.pdf
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- PROVIDE ACCESS TO THE STRENTZEL-MUIR GRA
- Solicitation number
- 140P8520Q0025
About this file
This is a solicitation for construction services at John Muir National Historic Site. The National Park Service seeks a contractor to construct an accessible pathway, aggregate base entry drive and turnaround, parking space, demolish minor structures, construct vehicular and pedestrian entry gates, wood/wire fencing, and post signage. The total small business set-aside contract value is estimated between $100,000 to $250,000. The solicitation includes a statement of work, price schedule, wage determination, plans and specifications for the required construction work. Responses are due by August 14, 2020 and the period of performance is September 1, 2020 through December 30, 2020.
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Other files
| File | Type | Posted |
|---|---|---|
| Sol_140P8520Q0025_Amd_0003.pdf | ||
| Sol_140P8520Q0025_Amd_0002.pdf | ||
| SF-24 Bid Bond_0002.pdf | ||
| Sol_140P8520Q0025_Amd_0001.pdf | ||
| Price Schedule JOMU 217349.xlsx | XLSX spreadsheet | |
| SF25A.pdf | ||
| DOL wage determination.pdf | ||
| JOMU 100 CD 22X34.pdf | ||
| JOMU 100 CD 11X17.pdf | ||
| SF25.pdf | ||
| JOMU 217349 100 CD Specifications.pdf |
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Text version
140P8520Q0025
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
07/15/2020 0040489022
1 34
333 Bush Street Suite 500 San Francisco CA 94104
NPS, PWR - SF/SEA MABO
60 Days After Notice to Proceed
NPS, John Muir NHS
4202 Alhambra Avenue
Martinez
CA 94553
206 220-4025Jara Woodard
08/14/2020 1600 PT
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
100% Set-Aside Under the Total Small Business Procurement Program, In accordance with FAR Subpart 19.502-2.
In accordance with FAR 36.204, the price range for this contract is between $100,000 and $250,000.
Award will be based on Best Value (see section M of the solicitation).
The NAICS code for this solicitation is 237310 with a business size standard of $39.5 million.
Contractors must be currently listed in System for award Management (SAM) as a Small Business for this solicitation's NAICS code. Those Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 34
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140P8520Q0025 offerors not listed as a Small Business for the appropriate NAICS may be deemed in eligible for further consideration for award.
The Government reserves the right to unilaterally exercise the options at anytime between the date of award or September 15, 2020.
PLEASE SUBMIT A FIRM FIXED PRICE QUOTE AND
SUPPORTING DOCUMENTS VIA EMAIL TO:
jara_woodard@nps.gov
NOTE: This is currently an unfunded requirement with a high expectation that funds will be available. When and if funds become available a contract will be awarded at the time.
Legacy Doc #: NPS
Period of Performance: 09/01/2020 to 12/30/2020
00010 Vehicle Access and Parking (Items 1 & 3 on the price schedule), see attached Scope of Work for complete requirement. Contractor to furnish all labor, materials, equipment, incidentals, and expertise necessary for the successful completion of the project.
Product/Service Code: Z2LB
Product/Service Description: REPAIR OR ALTERATION
OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS
Delivery: 60 Days After Notice to Proceed
00020 Pedestrian Path (Items 2 & 4 on the price schedule), see attached Scope of Work for complete requirement. Contractor to furnish all labor, materials, equipment, incidentals, and expertise necessary for the successful completion of the project.
Product/Service Code: Z2LB
Product/Service Description: REPAIR OR ALTERATION
OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS
Delivery: 60 Days After Notice to Proceed
00030 Waysides (Line 6 on the price schedule), see attached Scope of Work for complete requirement.
Contractor to furnish all labor, materials, Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
3 34
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140P8520Q0025 equipment, incidentals, and expertise necessary for the successful completion of the project.
Product/Service Code: Z2LB
Product/Service Description: REPAIR OR ALTERATION
OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS
Delivery: 60 Days After Notice to Proceed
00040 Gate/Fencing (Line 5 of the price schedule), see attached Scope of Work for complete requirement.
Contractor to furnish all labor, materials, equipment, incidentals, and expertise necessary for the successful completion of the project.
Product/Service Code: Z2LB
Product/Service Description: REPAIR OR ALTERATION
OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS
Delivery: 60 Days After Notice to Proceed
00050 East Boundary Fence (Option B), see attached
Scope of Work for complete requirement.
Contractor to furnish all labor, materials, equipment, incidentals, and expertise necessary for the successful completion of the project.
(Option Line Item)
09/15/2020
Product/Service Code: Z2LB
Product/Service Description: REPAIR OR ALTERATION
OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS
00060 North Boundary Fence (Option A), see attached 1 AU
Scope of Work for complete requirement.
Contractor to furnish all labor, materials, equipment, incidentals, and expertise necessary for the successful completion of the project.
(Option Line Item)
09/15/2020
Product/Service Code: Z2LB
Product/Service Description: REPAIR OR ALTERATION
OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS
00070 South Boundary Fence (Option C), see attached 1 AU
Scope of Work for complete requirement.
Contractor to furnish all labor, materials, equipment, incidentals, and expertise necessary for the successful completion of the project.
Continued ...
4 34
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140P8520Q0025
(Option Line Item)
09/15/2020
Product/Service Code: Z2LB
Product/Service Description: REPAIR OR ALTERATION
OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS
Table of Contents
B – SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 – Price Schedule
SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK
C.1 – Statement of Work
SECTION E – INSPECTION AND ACCEPTANCE
E.1 – FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998)
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)
SECTION G – CONTRACT ADMINISTRATION DATA
G.1 – Contract Administration
G.2 – DIAR 1452.201-70, Authorities and Delegations (Sep 2011)
G.3 – Appointment of Contractor Representative/Superintendent
G.4 –Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Apr 2013)
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 – Interpretation of Contract – Notice of Ambiguities
H.2 – Workers Compensation
H.3 – Site Specific Safety and Health Plan
H.4 – Construction Wage Rates
H.5 – OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM
H.6 – ARCHEOLOGICAL FINDINGS
H.7 – CONDUCT OF OPERATIONS
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 the Interior (Jul 1996)
I.3 – DIAR 1452.204-70, Release of Claims – Department of the Interior (Jul 1996)
I.4 – DIAR 1452.228-70, Liability Insurance – Department of the Interior (Jul 1996)
I.5 – DIAR 1452.237-70, Information Collection – Department of the Interior (Jul 1996)
I.6 – FAR 52.225-9, BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2014)
I.7 52.228-13, ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)
I.8 FAR 52.236-4, PHYSICAL DATA (APR 1984)
SECTION J – LIST OF ATTACHMENTS
J.1 – List of Attachments
SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
K.1 – FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)
K.2 – FAR 52.204-8, Annual Representations and Certifications Mar 2020)
K.3 – FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)
L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
L.1 – FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)
L.2 – Magnitude of Construction Project
L.3 – DIAR 1452.215-71, Use and Disclosure of Proposal Information – Department of the Interior (Apr 1984) 29
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)
L.7 – FAR 52.236-27, Site Visit (Construction) (Feb 1995) L8.– Instructions to Offerors for the Submission of Offers and Other Information
M – EVALUATION FACTORS FOR AWARD
M.1 – EVALUATION CRITERIA
M.2 Evaluation of Options
B – Supplies or Services and Prices/Costs
B.1 – Price Schedule
The Price Schedule has been provided as an attachment to this procurement, as follows:
• Section J, Price Schedule
Section C – Descriptions/Specifications/Statement of Work
C.1 – Statement of Work
The Contractor shall furnish the necessary personnel, materials, equipment, services and appurtenances as necessary to successfully complete the work in accordance with the following documents, which are incorporated into this procurement:
• Section J, Statement of Work
• Section J, Construction Drawings
Section E – Inspection and Acceptance
E.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(es):
http://www.acquisition.gov/far
Clause Title Date 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)
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
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 60 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
Section G – Contract Administration Data
G.1 – Contract Administration
Contracting Officer’s Representative(s) for this contract will be established via separate correspondence.
The Contracting Officer (CO) with overall responsibility for this contract will be:
Jara Woodard, Contract Specialist National Park Service 909 First Avenue, 5th Floor Seattle, WA 98104
(206) 220-4025 Jara_woodard@nps.gov
G.2 – 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.3 – Appointment of Contractor Representative/Superintendent
Prior to commencement of work on this contract, the contractor shall provide to the Contracting Officer, 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.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”. Also, the Contractor must upload their actual business invoice as an attachment when submitting their payment request through the IPP system.
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.
Section H – Special Contract Requirements
H.1 – 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.2 – 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.3 – 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 approval 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 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.4 – Construction Wage Rates
Davis-Bacon Wage Rates apply to the work to be performed under this Contract and those rates are set out in Section J. The project is located in Contra Costa County, California.
H.5 – Option for Increased Quantity—Separately Priced Line Item
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 the date of award and September 15, 2020. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of clause)
H.6 – Archeological Findings
(a) Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found within the construction area, are the property of and will be removed only by the Government. Should Contractor's operations uncover or his employees find any archeological remains, Contractor shall suspend operations at the site of discovery;
notify Contracting Officer immediately of the findings; and continue operations in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for Contractor, he will be compensated by an equitable adjustment under the General Provisions of the Contract.
H.7 – Conduct of Operations
At all times the Contractor shall conduct his 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. Work on Saturdays, Sundays, Federal holidays or at night may be performed only with the prior consent of the Contracting Officer. No signs or advertisements (except those specified herein) shall be displayed on the construction site or within the park except with approval of the Contracting Officer.
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
Clause
Title
Date
52.203-12 Limitation on Payments to Influence Certain Federal Transactions
Oct 2010
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
Jan 2017
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
Oct 2018
52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.204-19 Incorporation by Reference of Representations and
Certifications Dec 2014
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
Aug 2019
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
Oct 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
Nov 2015
52.215-8 Order of Precedence—Uniform Contract Format Oct 1997 52.219-6 Notice of Total Small Business Set-Aside Mar 2020 52.219-28 Post-Award Small Business Program Representation May 2020 52.222-3 Convict Labor Jun 2003 52.222-4 Contract Work Hours and Safety Standards—Overtime
Compensation May 2018
52.222-6 Construction Wage Rate Requirements Aug 2018 52.222-7 Withholding of Funds Aug 2018 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 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment
Exceeding $15,000 May 2014
52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-26 Equal Opportunity Sep 2016 52.222-27 Affirmative Action Compliance Requirements for
Construction Apr 2015
52.222-35 Equal Opportunity for Veterans Oct 2015 52.222-36 Affirmative Action For Workers with Disabilities Jul 2014 52.222-37 Employment Reports on Veterans Feb 2016 52.222-50 Combating Trafficking in Persons Jan 2019 52.222-55 Minimum Wages Under Executive Order 13658 Dec 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2017 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 Drug Free Workplace May 2001 52.223-17 Affirmative Procurement of EPA-designated Items in
Service and Construction Contracts Aug 2018
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
Aug 2011
52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.227-4 Patent Indemnity -- Construction Contracts Dec 2007 52.228-2 Additional Bond Security Oct 1997 52.228-11 Pledges of Assets Aug 2018 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 52.232-16 Progress Payments Jun 2020 52.232-18 Availability of Funds Apr 1984 52.232-23 Assignment Of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts Jan 2017 52.232-33 Payment by Electronic Funds Transfer -- System for Award
Management Oct 2018
52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors Dec 2013
52.233-1 Disputes May 2014 52.233-3 Protest After Award Aug 1996
52.233-4 Applicable Law For Breach Of Contract Claim Oct 2004 52.236-2 Differing Site Conditions Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work Apr 1984 52.236-5 Material and Workmanship Apr 1984 52.236-6 Superintendence by the Contractor Apr 1984 52.236-7 Permits and Responsibilities Nov 1991 52.236-8 Other Contracts Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements Apr 1984
52.236-10 Operations and Storage Areas Apr 1984 52.236-11 Use and Possession Prior to Completion Apr 1984 52.236-12 Cleaning Up Apr 1984 52.236-13 Accident Prevention Nov 1991 52.236-17 Layout of Work Apr 1984 52.236-21 Specifications and Drawings for Construction Feb 1997 52.236-26 Preconstruction Conference Feb 1995 52.243-5 Changes and Changed Conditions Apr 1984 52.244-6 Subcontracts for Commercial Items Jun 2020 52.246-21 Warranty of Construction Mar 1994 52.249-1 Termination for Convenience of the Government (Fixed-
Price) (Short Form) Apr 1984
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 the Interior (Jul 1996)
The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.
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 1452.228-70, Liability Insurance – Department of the Interior (Jul 1996)
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
$500,000 each person
$1,000,000 each occurrence $500,000 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.5 – 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.6 – FAR 52.225-9, Buy American Act—Construction Materials (May 2014)
(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“Component” means an article, material, or supply incorporated directly into a construction material.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means--
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
“Domestic construction material” means—
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
“Foreign construction material” means a construction material other than a domestic construction material.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
“NONE”
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1)
(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.
However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]
I.7 52.228-13, Alternative Payment Protections (Jul 2000)
(a) The Contractor shall submit one of the following payment protections:
(i) A payment bond.
(ii) An irrevocable letter of credit (ILC).
(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 15 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.
I.8 FAR 52.236-4, Physical Data (Apr 1984)
Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) Transportation facilities: Ongoing road work within Yosemite National Park has and will continue to cause delays while traveling within and near the park. Visit www.nps.gov/yose to obtain the latest status and locations for road construction activities, estimated dates of construction, and estimated delays. Additionally there exists a 45-foot length restriction and one-way controlled traffic for all vehicles 20 miles east of Mariposa on Hwy 140; see Caltrans website http://www.dot.ca.gov/ for further details. There are height, weight, length and width restrictions for commercial deliveries in and through the Park to the Warehouse Complex; please verify current road conditions prior to delivery. Delivery vehicle(s) may be required to carry and install chains depending on road conditions. These delays must be considered part of the existing conditions within the park, and will not be cause for any additional compensation as a result of this or related work.
(End of Clause) http://www.nps.gov/yose http://www.dot.ca.gov/
Section J – List of Attachments
J.1 – List of Attachments
The following attachments are furnished herein and form a part of the solicitation/contract:
Attachment Number
List of Documents, Exhibits, and Other Attachments
# of Pages
01 Scope of Work 58
02 JOMU 100% CD 11x17 13
03 JOMU 100% CD 22x34 13
04 DOL Wage Determination 70
05 Price Schedule 1
06 SF25A Payment Bond 2
07 SF25 Performance Bond 2
Section K – Representations, Certifications and Other Statements of Offerors
K.1 – FAR 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):
Provision Title Date 52.236-28 Preparation of Proposals -- Construction Oct 1997
K.2 – FAR 52.204-8, Annual Representations and Certifications Mar 2020)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.
(2) The small business size standard is $39.5 million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) □ Paragraph (d) applies.
(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless– https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52203-2-certificate-independent-price-determination#i1063268
(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, CertificationRegarding 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.
https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112458 https://www.acquisition.gov/content/52203-11-certification-and-disclosure-regarding-payments-influence-certain-federal-transactions#i1063408 https://www.acquisition.gov/content/52203-18-prohibition-contracting-entities-require-certain-internal-confidentiality-agreements-or-statements-representation#i52_203-18 https://www.acquisition.gov/content/52204-3-taxpayer-identification#i1063736 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-5-women-owned-business-other-small-business#i1063796 https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation#id19CAC0P0ESS https://www.acquisition.gov/content/52209-2-prohibition-contracting-inverted-domestic-corporations-representation#i1062479 https://www.acquisition.gov/content/52209-5-certification-regarding-responsibility-matters#i1062558 https://www.acquisition.gov/content/52209-11-representation-corporations-regarding-delinquent-tax-liability-or-felony-conviction-under-any-federal-law#id165RA0UH01A https://www.acquisition.gov/content/52214-14-place-performance-sealed-bidding#i1059991 https://www.acquisition.gov/content/52215-6-place-performance#i1059247 https://www.acquisition.gov/content/52219-1-small-business-program-representations#i1057235
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C)The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the…
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