Sol_140P8620R0008.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040476385

NPS, PWR - GOGA MABO

Building 201, Fort Mason

San Francisco CA 94123

PPG

Kyle P. Daniska, Contract Specialist

47050 Generals Highway Three Rivers, CA 93271

Kyle Daniska (559) 5653180

1x 07/22/2020

140P8620R0008

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

The National Park Service (NPS), Golden Gate National Recreation Area (GOGA), Marin

Headlands, located in Marin County, California, has a requirement for the maintenance, inspection, and replacement of culverts. The contractor shall provide all mobilization, labor, supervision, materials, equipment, transportation, site rehabilitation, clean-up, and demobilization necessary to complete the work as identified in the project scope of work provided as an attachment to this solicitation.

The scope of this project includes, but is not limited to: The cleaning of approximately 60 culvert inlets and drains, which includes the placement and securing of the pipe down drains with additional anchors to prevent slipping if needed, video inspection of approximately 9,000 LF of culvert pipe, removal of old metal pipe and preparation and placement new equivalent HDPE pipe of approximately 2 culverts. In addition, this item is to include any materials needed as fill to achieve a level surface when completed, provide and maintain traffic control to support safe operations for the public and contractor during the cleaning and repair of culverts, to include paved and unpaved roads, and proper disposal and the off haul of excess material to appropriate disposal site.

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

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

Section F

08/21/2020

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

DOI, NPS, PWR - GOGA MABO - SEKI /

47050 General's Highway

Three Rivers CA 93271

PG3

Gary Kramer

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 43

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P8620R0008

Per the requirements of FAR 36.204, the project range is estimated to be between $100,000 and

$250,000.

The North American Industry Classification System

(NAICS) code for this requirement is 237990, with a corresponding size standard of $39.5 million in annual gross receipts for the past three years.

This acquisition is a Total Small Business (SB)

Set-Aside. All responsible sources with SB status may submit a proposal which, if timely received, will be considered. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

The Government intends to award a single, Firm-fixed price contract. Award selection will be made on a Best Value "Lowest Price Technically

Acceptable" determination made after consideration of price and factors other than price (technical capability and past performance) as listed in the Request for Proposal (RFP). See

Section M for the evaluation factors for award.

A SITE VISIT has been scheduled for Tuesday, August 4, 2020 at 9:00 a.m. PT. See Section L of the RFP for more information.

PROPOSALS MUST BE RECEIVED BY: 12:00 p.m. PT, FRIDAY, August 21, 2020, and shall only be accepted through electronic mail addressed to kyle_daniska@nps.gov.

Interested parties may explore the Golden Gate

National Recreation Area website to acquaint themselves with the general area and to view park maps at http://www.nps.gov/goga.

Delivery: 12/06/2020

Delivery Location Code: 0009060573

NPS, GOLDEN GATE NRA

Bldg. 201, Fort Mason

San Francisco CA 94123-1307 US

Period of Performance: 09/07/2020 to 12/06/2020

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 43

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P8620R0008

00010 Maintain Road Culverts

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

00020 Maintain Road Culverts

Product/Service Code: Z1LB

Product/Service Description: MAINTENANCE OF

HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

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

Sponsored by GSA

FAR (48 CFR) 53.110

RFP No. 140P8620R0008 – Maintenance of Road Culverts

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 – Contract Price Schedule

SECTION C – DESCRIPTIONS AND SPECIFICATIONS

C.1 – Specifications

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E.1 – 52.252-2 Clauses Incorporated by Reference (Feb 1998)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 – 52.252-2 Clauses Incorporated by Reference (Feb 1998)

F.2 – 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 – 1452.201-70 Authorities and Delegations (Sep 2011)

G.3 – Correspondence

G.4 – Appointment of Contractor Representative/Superintendent

G.5 – Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Apr 2013)

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 – Key Personnel

H.6 – Seasonal Shutdown

SECTION I – CONTRACT CLAUSES

I.1 – 52.252-2 Clauses Incorporated by Reference (Feb 1998)

I.2 –1452.203-70 Restrictions on Endorsements – Department of the Interior (Jul 1996)

I.3 – 1452.204-70 Release of Claims – Department of the Interior (Jul 1996)

I.4 – 1452.215-70 Examination of Records by the Department of the Interior (Apr 1984)

I.5 – 1452.228-70 Liability Insurance – Department of the Interior (Jul 1996)

I.6 – 1452.237-70 Information Collection – Department of the Interior (Jul 1996)

I.7 – 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items (May 2008)

I.8 – 52.225-9 Buy American–Construction Materials (May 2014)

I.9 – Archeological Findings

I.10 – Conduct of Operations

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J.1 – Attachments

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 – 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

K.2 – 1452.215-71 Use and Disclosure of Proposal Information – Department of the Interior (Apr 1984)

K.3 – 52.204-8 Annual Representations and Certifications (Mar 2020)

K.4 – 52.219-1 Small Business Program Representations (Mar 2020)

K.5 – 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation (Dec 2016)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 – 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

L.2 – Magnitude of Construction Project

L.3 – 1452.233-2 Service of Protest – Department of the Interior (Deviation) (Jul 1996)

L.4 – 52.216-1 Type of Contract (Apr 1984)

L.5 – 52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work (May 2014) ... 37

L.6 – 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

L.7 – 52.225-10 Notice of Buy American Requirement – Construction Materials (May 2014)

L.8 – 52.236-27 Site Visit (Construction) – Alt I (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

Section B – Supplies or Services and Prices

B.1 – Contract Price Schedule

The Contract Price Schedule has been provided as an attachment to this solicitation (see Section J, Attachment 001).

Section C – Descriptions and Specifications

C.1 – Specifications

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 solicitation:

• Scope of Work (see Section J, Attachment 002)

Section D – Packaging and Marking

There are no clauses in this section.

Section E – Inspection and Acceptance

E.1 – 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 – 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 52.236-15 Schedules for Construction Contracts Apr 1984 52.242-14 Suspension of Work Apr 1984

F.2 – 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 90 calendar days after the date the contractor receives 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

(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)

Section G – Contract Administration Data

G.1 – Contract Administration

The Contracting Officer's Representative (COR) for this contract will be:

Patrick Kocer Roads Supervisor National Park Service Golden Gate National Recreation Area 1107 Bunker Road Sausalito, CA 94965

(415) 331-2301 patrick_kocer@nps.gov

The Administrative Contracting Officer responsible for administering this contract will be:

Kyle P. Daniska Contract Specialist National Park Service Sequoia and Kings Canyon National Parks 47050 Generals Highway Three Rivers, CA 93271

(559) 565-3180 kyle_daniska@nps.gov

The Contracting Officer with overall responsibility for this contract will be:

Gary Kramer Contracting Officer National Park Service Santa Monica Mountains National Recreation Area 401 West Hillcrest Drive Thousand Oaks, CA 91360

(805) 370-2324 gary_kramer@nps.gov

G.2 – 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 – Correspondence

Copies of all correspondence and written notices between the Contracting Officer’s Representative and the Contractor shall be sent to the cognizant Contract Specialist at the address below, or by email. All correspondence sent by email shall state the contract number in the subject line of the email.

Contract Specialist responsible for administering this contract:

Kyle P. Daniska Contract Specialist National Park Service Sequoia and Kings Canyon National Parks

47050 Generals Highway Three Rivers, CA 93271

(559) 565-3180 kyle_daniska@nps.gov

G.4 – 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.5 – 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:

• The Contractor must upload their actual business invoice along with the NPS Pay Estimate Form 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) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

Section H – Special Contract Requirements

H.1 – Wage Rates

Davis-Bacon Wage Rates apply for this project and are attached to this solicitation (See Section J, Attachment 003). The project is located in Marin County, 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 Section 3700 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 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. 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 – Key Personnel

(a) The Contractor shall assign to this contract the following key personnel:

Project Manager Site Superintendent Subcontractor Superintendent(s)

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

The Contractor shall notify the Contracting Officer within 10 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90 day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 10 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 10 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

H.6 – Seasonal Shutdown

It is recognized that seasonal climatic conditions regularly occur in some of the National Park Service areas that restrict and in some cases prohibit normal construction activities. The actual timing of a seasonal shutdown will be determined by mutual agreement between the Contractor and the Contracting Officer. The Contractor shall give the Contracting Officer at least two weeks’ notice prior to the anticipated resumption of work. The actual date that work is resumed is subject to the approval of the Contracting Officer. The amount of time during a seasonal shutdown is taken into consideration when the completion time as stated in the Contract is determined. Therefore, the contract time will not be extended due to seasonal shutdowns.

Section I – Contract Clauses

I.1 – 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

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Jan 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

Jun 2020

52.204-13 System for Award Management Maintenance Oct 2018 52.204-19 Incorporation by Reference of Representations and

Certifications Dec 2014

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

52.215-8 Order of Precedence -- Uniform Contract Format Oct 1997 52.215-19 Notification of Ownership Changes 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 52.222-6 Construction Wage Rate Requirements Aug 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records Aug 2018 52.222-9 Apprentices and Trainees Jul 2005 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination - Debarment May 2014 52.222-13 Compliance with Construction Wage Rate

Requirements and Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-26 Equal Opportunity Sep 2016

52.222-27 Affirmative Action Compliance Requirements for Construction

Apr 2015

52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020 52.222-40 Notification of Employee Rights Under the National

Labor Relations Act Dec 2010

52.222-50 Combating Trafficking in Persons Jan 2019 52.222-55 Minimum Wages Under Executive Order 13658 Dec 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2017 52.223-2 Affirmative Procurement of Biobased Products Under

Service And Construction Contracts Sep 2013

52.223-3 Hazardous Material Identification and Material Safety Data—Alternate I

Jul 1995

52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 Drug Free Workplace May 2001 52.223-15 Energy Efficiency in Energy-Consuming Products May 2020 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

52.224-1 Privacy Act Notification Apr 1984 52.224-2 Privacy Act Apr 1984 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 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 Aug 2018 52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.228-13 Alternative Payment Protections Jul 2000 52.228-14 Irrevocable Letter of Credit Nov 2014 52.229-3 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 52.232-23 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 52.236-14 Availability and Use of Utility Services Apr 1984 52.236-17 Layout of Work Apr 1984 52.236-21 Specifications and Drawings for Construction Feb 1997 52.236-26 Preconstruction Conference Feb 1995 52.242-13 Bankruptcy Jul 1995 52.243-4 Changes Jun 2007 52.244-6 Subcontracts for Commercial Items Jun 2020 52.245-1 Government Property Jan 2017 52.245-9 Use and Charges Apr 2012 52.246-21 Warranty of Construction Mar 1994 52.248-3 Alt I Value Engineering -- Construction Apr 1984 52.249-2 Alt I Termination for Convenience of the Government

(Fixed-Price) Sep 1996

52.249-10 Default (Fixed-Price Construction) Apr 1984 52.253-1 Computer Generated Forms Jan 1991

I.2 –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 – 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 – 1452.215-70 Examination of Records by the Department of the Interior (Apr 1984)

For purposes of the Audit and Records - Negotiation clause of this contract (FAR 52.215-2), 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 – 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 $1,000,000 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.6 – 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 – 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items (May 2008)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to the Contracting Officer, Sequoia and Kings Canyon National Park.

I.8 – 52.225-9 Buy American–Construction Materials (May 2014)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“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.9 – 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.

I.10 – 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 J – List of Documents, Exhibits and Other Attachments

J.1 – Attachments

The following attachments are furnished herein and form a part of the solicitation/contract:

Attachment Number List of Documents, Exhibits, and Other Attachments

001 Contract Price Schedule

002 Scope of Work

003 General Decision Number: CA20200007 (CA7), dated 07/10/2020

004 Form 1: Key Personnel Experience

005 Form 2: Subcontractor Reference Form

006 Form 3: Past Performance Questionnaire

007 Form 4: General References

Section K – Representations, Certifications and Other Statements of Offerors

K.1 – 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far

Provision Title Date 52.203-18 Prohibition on Contracting with Entities that Require

Certain Internal Confidentiality Agreements or Statements--Representation

Jan 2017

52.236-28 Preparation of Proposals -- Construction Oct 1997

K.2 – 1452.215-71 Use and Disclosure of Proposal Information – Department of the Interior (Apr 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C.

552), the following terms shall have the meaning set forth below:

(1) “Trade Secret” means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) “Confidential commercial or financial information” means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers “commercial and financial information obtained from a person and privileged or confidential,” and exemption (9), which covers “geological and geophysical information, including maps, concerning wells.”

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

“The information specifically identified on pages ______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract.”

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

“This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal.”

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial…