Sol_140P8621R0011.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)

0040517942

NPS, PWR - SF/SEA MABO

333 Bush Street

Suite 500 San Francisco CA 94104

PPO

Liset Gomez, Contracting Officer

Building 201, Fort Mason San Francisco, CA 94123

Kyle Daniska (559) 5653180

1x 06/29/2021

140P8621R0011

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

ROOFING IDIQ. The National Park Service (NPS), Yosemite National Park (YOSE) and

Sequoia and Kings Canyon National Parks (SEKI), located in Fresno, Madera, Mariposa, Tulare, and Tuolumne Counties, California, has a requirement for a base, plus four option years roofing Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract. The

Contractor shall provide all mobilization, labor, supervision, materials, equipment, site rehabilitation, clean-up, and demobilization necessary to complete the work as identified in the project specifications provided as an attachment to this solicitation.

The scope of this proposed contract involves the replacement of roofs on various structures and could include, but is not limited to:

1. Removal of the existing roof and installation of new roofing materials & associated components to provide a complete and leak-proof roofing system

2. Deteriorated roof structure repair

3. Fascia replacement

4. Sheathing replacement

5. Gutter system replacement

6. Removal/replacement of roof mounted equipment that must be moved to permit

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 0 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

07/29/2021

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

DOI, NPS, PWR - GOGA MABO - SEKI /

47050 General's Highway

Three Rivers CA 93271

PG3

Liset Gomez

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 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P8621R0011 roofing work

Per the requirements of FAR 36.204, the project range is estimated to be between $1,000,000 and

$5,000,000.

The North American Industry Classification System

(NAICS) code for this requirement is 238160, with a corresponding size standard of $16.5 million in annual gross receipts for the past three years.

This acquisition is a 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 award, Firm-fixed price IDIQ contract. Award selection will be made on a Best Value 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.

The Government shall place orders totaling a minimum of $120,000 over the full term of the

Contract. The maximum amount for the full term

(including base period and all options exercised) will not exceed $2,300,000. This maximum amount is not a representation that the maximum quantity will be required or ordered or that the conditions affecting task orders will be stable or normal.

A SITE VISIT has been scheduled for Wednesday, July 14, 2021 at 1:00 p.m. PT. See Section L of the RFP for more information.

PROPOSALS MUST BE RECEIVED BY: 4:00 p.m. PT, Thursday, July 29, 2021, and shall only be accepted through electronic mail addressed to:

liset_gomez@nps.gov.

Delivery: 08/31/2026

Delivery Location Code: 0009060678

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 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P8621R0011

NPS, Yosemite NP

PO Box 700-W

5083 Foresta Road

El Portal CA 95318 US

Period of Performance: 09/01/2021 to 08/31/2026

00010 Roofing IDIQ

Product/Service Code: Z2JZ

Product/Service Description: REPAIR OR ALTERATION

OF MISCELLANEOUS BUILDINGS

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

Sponsored by GSA

FAR (48 CFR) 53.110

RFP No. 140P8621R0011 – Roofing IDIQ, Yosemite National Park and Sequoia and Kings Canyon National Parks

TABLE OF CONTENTS

SECTION B – BID SCHEDULE

B.1 – Contract Price Schedule

SECTION C – SPECIFICATIONS/DRAWINGS

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)

G.6 – Contractor Performance Assessment Reporting System (Dec 2015)

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

H.7 – Option to Extend the Term of the Contract

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 – 1452.236-70 Prohibition Against Use of Lead-Based Paint – Department of the Interior (Jul 1996)

I.7 – 1452.237-70 Information Collection – Department of the Interior (Jul 1996)

I.8 – 52.216-18 Ordering (Aug 2020)

I.9 – 52.216-19 Order Limitations (Oct 1995)

I.10 – 52.216-22 Indefinite Quantity (Oct 1995)

I.11 – 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items (May 2008)

I.12 – 52.225-9 Buy American–Construction Materials (Feb 2021)

I.13 – Archeological Findings

I.14 – Conduct of Operations

SECTION J – LIST OF ATTACHMENTS

J.1 – Attachments

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

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

K.2 – 52.204-8 Annual Representations and Certifications (Mar 2020)

K.3 – 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

K.4 – 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) ... 38

K.5 – 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

K.6 – 52.219-1 Small Business Program Representations (Nov 2020)

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

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) ... 45

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 – 52.233-2 Service of Protest – Department of the Interior (Jul 1996) (Deviation)

L.9 – 52.236-27 Site Visit (Construction) – Alt I (Feb 1995)

L.10 – Instructions for the Submission of Offers and Other Information

L.11 – Responsibility Determination

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 – Evaluation Factors for Award

M.2 – Evaluation of Options

Section B – Bid Schedule

B.1 – Contract Price Schedule

The Contract Price Schedule has been provided as an attachment to this solicitation (see Section J, Attachment 001). Offerors are required to submit, at minimum, an offer that conforms to the solicitation documents with pricing for all Base line items and all Option line items identified in the Contract Price Schedule. If no specific line item exists for a portion of work, include the costs in a related item.

Offerors are also required to submit pricing for the Sample Task Order provided as an attachment to this solicitation (see Section J, Attachment 002). The completed Sample Task Order will be used only for purposes of comparing the relative cost of competing proposals across the range of work to be done under the contract and is not a representation that the quantities indicated in the Sample Task Order will be required or ordered.

Section C – Specifications/Drawings

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:

• Specifications (see Section J, Attachment 003)

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 52.211-18 Variation in Estimated Quantity 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 within the negotiated time of each task order after the receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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:

Carrie Toepper Facility Operations Specialist National Park Service Yosemite National Park 5083 Foresta Road El Portal, CA 95318

(209) 379-1089 carrie_toepper@nps.gov

The Contracting Officer for this contract will be:

Liset Gomez Contracting Officer National Park Service Golden Gate National Recreation Area Building 201, Fort Mason San Francisco, CA 94123

(415) 623-2260 liset_gomez@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:

Liset Gomez Contracting Officer National Park Service Golden Gate National Recreation Area Building 201, Fort Mason San Francisco, CA 94123

(415) 623-2260 liset_gomez@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.

G.6 – Contractor Performance Assessment Reporting System (Dec 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation.

One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS.

CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award.

Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6) The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

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 004 & 005). The project is located in Fresno, Madera, Mariposa, Tulare, and Tuolumne Counties, CA.

H.2 – Interpretation of Contract – Notice of Ambiguities

(a) This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties' complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

(b) It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated. Failure to comply with such obligation shall be deemed a waiver and release of any and all claims for extra costs or delay arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

H.3 – Workers Compensation

The Contractor is required to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of 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:

Superintendent Project Manager

(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.

H.7 – Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

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

52.202-1 Definitions Jun 2020 52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government Jun 2020

52.203-7 Anti-Kickback Procedures Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

May 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights

Jun 2020

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

Jan 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

May 2011

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

Jun 2020

52.204-13 System for Award Management Maintenance Oct 2018 52.204-15 Service Contract Reporting Requirements for

Indefinite-Delivery Contracts Oct 2016

52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and

Certifications Dec 2014

52.204-22 Alternative Line Item Proposal Jan 2017 52.204-25 Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment

Aug 2020

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Jun 2020 or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters Oct 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

Nov 2015

52.215-2 Audit and Records -- Negotiation Jun 2020 52.215-8 Order of Precedence -- Uniform Contract Format Oct 1997 52.215-19 Notification of Ownership Changes Oct 1997 52.215-21 Requirements for Certified Cost or Pricing Data and

Data Other Than Certified Cost or Pricing Data- Modifications

Jun 2020

52.219-6 Notice of Total Small Business Set-Aside Nov 2020 52.219-8 Utilization of Small Business Concerns Oct 2018 52.219-14 Limitations on Subcontracting Mar 2020 52.219-28 Post-Award Small Business Program Representation Nov 2020 52.222-3 Convict Labor Jun 2003 52.222-4 Contract Work Hours and Safety Standards Act -

Overtime Compensation Mar 2018

52.222-6 Construction Wage Rate Requirements Aug 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records Aug 2018 52.222-9 Apprentices and Trainees Jul 2005 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination - Debarment May 2014 52.222-13 Compliance with Construction Wage Rate

Requirements and Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-26 Equal Opportunity Sep 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction Apr 2015

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method)

Aug 2018

52.222-35 Equal Opportunity for Veterans Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020 52.222-37 Employment Reports on Veterans Jun 2020 52.222-40 Notification of Employee Rights Under the National

Labor Relations Act Dec 2010

52.222-50 Combating Trafficking in Persons Oct 2020

52.222-54 Employment Eligibility Verification Oct 2015 52.222-55 Minimum Wages Under Executive Order 13658 Nov 2020 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 52.225-5 Trade Agreements Oct 2019 52.225-13 Restrictions on Certain Foreign Purchases Feb 2021 52.227-1 Authorization and Consent Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement Jun 2020

52.227-4 Patent Indemnity -- Construction Contracts Dec 2007 52.228-2 Additional Bond Security Oct 1997 52.228-5 Insurance - Work on a Government Installation Jan 1997 52.228-11 Individual Surety–Pledges of Assets Feb 2021 52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.228-14 Irrevocable Letter of Credit Nov 2014 52.228-15 Performance and Payment Bonds - Construction Jun 2020 52.229-3 Federal, State and Local Taxes Feb 2013 52.232-5 Payments under Fixed-Price Construction Contracts May 2014 52.232-16 Progress Payments Jun 2020 52.232-17 Interest May 2014 52.232-23 Assignment of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts Jan 2017 52.232-33 Payment by Electronic Funds Transfer -- System for

Award Management Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Dec 2013

52.233-1 Disputes 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 52.236-15 Schedules for Construction Contracts Apr 1984 52.236-17 Layout of Work Apr 1984 52.236-21 Specifications and Drawings for Construction Feb 1997 52.236-26 Preconstruction Conference Feb 1995 52.242-13 Bankruptcy Jul 1995 52.243-4 Changes Jun 2007 52.244-5 Competition in Subcontracting Dec 1996 52.244-6 Subcontracts for Commercial Items Nov 2020 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:

$1,000,000 each person $2,000,000 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 – 1452.236-70 Prohibition Against Use of Lead-Based Paint – Department of the Interior (Jul 1996)

Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

I.7 – 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.8 – 52.216-18 Ordering (Aug 2020)

a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued at any time within the stated period of performance.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

I.9 – 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $2,300,000.00;

(2) Any order for a combination of items in excess of $2,300,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.10 – 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after the date of the most recent exercised option/period of performance under the IDIQ.

I.11 – 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items (May 2008)

(a) Definitions. As used in this clause— https://www.acquisition.gov/far/52.216-21#FAR_52_216_21 https://www.acquisition.gov/far/52.216-21#FAR_52_216_21

“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.12 – 52.225-9 Buy American–Construction Materials (Feb 2021)

(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 Federal Acquisition Regulation (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.

"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…