Sol_140P8623Q0005.pdf
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- LODGEPOLE VC ELECTRICAL PHASE 2 Federal contract opportunity
- Solicitation number
- 140P8623Q0005
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140P8623Q0005
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
12/01/2022 0040602007
1 53
Building 201, Fort Mason San Francisco CA 94123
NPS, PWR - GOGA MABO
03/31/2023
NPS, Sequoia and Kings Canyon NP
47050 Generals Highway
Three Rivers
CA 93271
559 565-3181Patty Payne
12/13/2022 1200 PS
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Electrical power wiring at Lodgepole Visitor Center, Sequoia and Kings Canyon National Parks, Tulare County, California
The National Park Service at Sequoia and Kings Canyon National Parks has a requirement for the Lodgepole Visitor Center electrical upgrade for new exhibits and lighting.
The contractor shall provide all mobilization, labor, supervision, materials, equipment, transportation, site rehabilitation, clean-up, and demobilization.
The scope of this project includes, but is not limited to:
Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 53
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140P8623Q0005
1. Electrical power wiring under the floor.
2. Electrical power wiring above the floor.
3. Terminate and test all power and lighting circuits.
4. Installing exit signs.
5. Patching drywall area in lobby and paint to match.
6. Installing communication wiring.
Per the general price ranges established in FAR
36.204, the estimated project price is between
$100,000 and $250,000.
The North American Industry Classification System
(NAICS) Code for this requirement is 238210, with a corresponding size standard of $16.5 million in annual gross receipts for the past three years.
This acquisition is a Total Small Business
Set-Aside. Quotations are solicited only from small business concerns. Quotations received from concerns that are not small business concerns shall not be considered.
The Government anticipates award of a firm-fixed-price purchase order resulting from this solicitation. Evaluation for award will be made in accordance with the simplified acquisition procedures outlined in FAR Part
13.106. The Government anticipates issuing an
order resulting from this request for quotation to the responsible quoter whose quotation will be most advantageous to the Government, price and other factors considered (relevant experience and past performance) as listed in the Request for
Quotation. Project Schedule - Provide a schedule of performing the work per the time and coordination guidelines in the SOW (see Section
M).
A SITE VISIT has been scheduled for THURSDAY, December 8, 2022, at 9:00 a.m. Pacific Time meeting at 63100 Lodgepole Rd. Sequoia National
Park, CA 93262. For more information see section
L.
QUOTATION MUST BE RECEIVED BY: 12:00 p.m. Pacific
Time, TUESDAY, December 13, 2022, and shall only be accepted through electronic mail addressed to patty_payne@nps.gov.
Period of Performance: 01/03/2023 to 03/31/2023
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 53
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140P8623Q0005
00010 Lodgepole VC Electrical
Product/Service Code: Z1AZ
Product/Service Description: MAINTENANCE OF OTHER
ADMINISTRATIVE FACILITIES AND SERVICE BUILDINGS
Delivery: 03/31/2023
Administrative Contract Specialist: Patty Payne
Phone: 559-730-6435 Email: patty_payne@nps.gov
Contracting Officer: Liset Gomez Phone: 415-
265-5650 Email: liset_gomez@nps.gov
Requestor: Brian Horton Phone: 559-565-3737
Email: brian_horton@nps.gov
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
RFQ No. 140P8623Q0005 – Lodgepole Visitor Center Electrical Phase 2
LE OF CONTENTS
SECTION B – BID SCHEDULE
B.1 – Quote Sheet
SECTION C – SPECIFICATIONS/DRAWINGS
C.1 – Specifications
SECTION D – PACKAGING AND MARKING
SECTION E – INSPECTION AND ACCEPTANCE
E.1 – 52.246-12 –Inspection of Construction (Aug 1996)
(END OF CLAUSE)
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)
SECTION G – CONTRACT ADMINISTRATION DATA
G.1 – Contract Administration
G.2 – 1452.201-70 Authorities and Delegations (Sep 2011)
G.3 – Correspondence
G.4 – 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 – Prevention of Non-Native Plants
H.6 – Option for additional Services – Separately Priced Line Items
H.7 – Working in a Federal Building or Federally controlled indoor workspaces:
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 – 1452.228-70 Liability Insurance – Department of the Interior (Jul 1996)
I.5 – 1452.236-70 Prohibition Against Use of Lead-Based Paint – Department of the Interior (Jul 1996)
I.6 – 52.225-9 Buy American–Construction Materials (Nov 2021)
I.7 – Archeological Findings
I.8 – Conduct of Operations
I.9 – 52.228-13 Alternative Payment Protections (Jul 2000)
I.10 – Construction Contraction Administration
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 (May 2022)
K.3 – 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or
Equipment (Nov 2021)
K.4 – 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)
K.5 – 52.219-1 Small Business Program Representations (Sep 2021)
K.6 – 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 – 1452.215-71 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)
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 (Sep 2006)
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
Section B – Bid Schedule
B.1 – Quote Sheet
The Quote Sheet (Contract Price Schedule) has been provided in the attachment to this solicitation (See Section J, Attachment Numbers 001).
The contractor shall factor the lump sum price to include all labor, tools, equipment, materials, mobilization-in, mobilization-out, overhead and profit (applicable to prime contractor and subcontractor) necessary for completing all work. All work shall be performed in accordance with the attached statement of work, and wage determination.
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 Request for Quote:
• 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 – 52.246-12 –Inspection of Construction (Aug 1996)
(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The
Contractor shall maintain complete inspection records and make them available to the
Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not -- (1)
Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the
Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.
The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may --
(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or
(2) Terminate for default the Contractor’s right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the
Contractor shall defray the expenses of the examination and of satisfactory reconstruction.
However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the
Government’s rights under any warranty or guarantee.
(End of Clause)
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
52.242-14 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 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
Section G – Contract Administration Data
G.1 – Contract Administration
The Contracting Officer's Representative (COR) for this contract will be:
Brian Horton
Facility Accessibility Coordinator
National Park Service
Sequoia and Kings Canyon National Parks
47050 Generals Highway
Three Rivers, CA 93271
(559)788-9296 brian_horton@nps.gov
The Administrative Contract Specialist responsible for administering this contract will be:
Patty Payne
Contract Specialist
National Park Service
Golden Gate National Recreation Area
Building 201, Fort Mason
San Francisco, CA 94123
(559) 730-6435 patty_payne@nps.gov
The Contracting Officer with overall responsibility 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:
Patty Payne
Contract Specialist
National Park Service
Golden Gate National Recreation Area
Building 201, Fort Mason
San Francisco, CA 94123
(559) 730-6435
Patty_payne@nps.gov
G.4 – Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)
(Apr 2013)
Payment requests must be submitted electronically through the U. S. Department of the
Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the
Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the
IPP invoice:
• 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 006). The project is located in Tulare 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, including adherence to any local government health orders in effect to reduce the rate of transmission of Novel Coronavirus Disease 2019
(“COVID-19”). This includes, but is not limited to, Occupational Safety and Health
Administration (OSHA) standards, 29 CFR, Part 1910 and Part 1926. Where the requirements of applicable laws, criteria, ordinances, regulations, and referenced documents vary the most stringent requirements shall apply.
H.5 – Prevention of Non-Native Plants
All equipment shall be thoroughly pressure washed prior to transport to the park to prevent unintentional importation of seed or soil materials. All parts of the equipment shall be cleaned of lodged soil or seeds, paying particular attention to radiators, tires and undercarriages. Examples of equipment are backhoes, tractors, loaders, excavators, dozers, bobcats, wheeled compressors or trucks and trailers that have traveled off-road. Contractor shall allow for the COR to inspect equipment to assure that it is clean prior to entering Park. Vehicles may be turned away if not fully clean.
H.6 – Option for additional Services – Separately Priced Line Items
The Government may require the delivery of the numbered line items identified in the Schedule as option items at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by written notice to the Contractor within 180 days after contract award.
Performance of added line-item tasks shall be at the price negotiated in the contract Schedule.
H.7 – Working in a Federal Building or Federally controlled indoor workspaces:
In order to take steps to prevent the spread of COVID-19 and to protect the health and safety of all Federal employees, onsite contractors, visitors to Federal buildings or Federally controlled indoor workspaces, and other individuals interacting with the Federal workforce, employees under the subject contract who are required to work on site in Federal buildings or Federally controlled indoor worksites must comply with requirements located at https://www.saferfederalworkforce.gov/overview/.
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):
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
52.204-18 Commercial and Government Entity Code Maintenance Aug 2020
52.204-19 Incorporation by Reference of Representations and
Certifications
Dec 2014
52.204-22 Alternative Line Item Proposal Jan 2017
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
Nov 2021
52.204-25 Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment
Nov 2021
52.209-6 Protecting the Government’s Interest When
Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
Nov 2021
52.209-10 Prohibition on Contracting with Inverted Domestic
Corporations
Nov 2015
52.215-8 Order of Precedence -- Uniform Contract Format Oct 1997
52.219-6 Notice of Total Small Business Set Aside Nov 2020
52.219-28 Post-Award Small Business Program Representation Sep 2021
52.222-1 Notice to the Government of Labor Disputes Feb 1997
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 Jul 2021
52.222-9 Apprentices and Trainees Jul 2005
52.222-10 Compliance with Copeland Act Requirements Feb 1988
52.222-11 Subcontracts (Labor Standards) May 2014
52.222-12 Contract Termination – Debarment May 2014
52.222-13 Compliance with Construction Wage Rate
Requirements and Related Regulations
May 2014
52.222-14 Disputes Concerning Labor Standards Feb 1988
52.222-15 Certification of Eligibility May 2014
52.222-21 Prohibition of Segregated Facilities Apr 2015
52.222-26 Equal Opportunity Sep 2016
52.222-27 Affirmative Action Compliance Requirements for
Construction
Apr 2015
52.222-36 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 Nov 2021
52.222-55 Minimum Wages for Contractor Workers Under
Executive Order 14026
Jan 2022
52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2022
52.223-5 Pollution Prevention and Right-to-Know Information May 2011
52.223-6 Drug Free Workplace May 2001
52.223-18 Encouraging Contractor Policies to Ban Text
Messaging While Driving
Jun 2020
52.225-13 Restrictions on Certain Foreign Purchases Feb 2021
52.227-4 Patent Indemnity -- Construction Contracts Dec 2007
52.228-2
Additional Bond Security Oct 1997
52.228-11
Individual Surety-Pledge of Assets Feb 2021
52.228-12 Prospective Subcontractor Requests for Bonds May 2014
52.228-14 Irrevocable Letter of Credit Nov 2014
52.232-5 Payments under Fixed-Price Construction Contracts May 2014
52.232-16 Progress Payments Nov 2021
52.232-23 Assignment of Claims May 2014
52.232-27 Prompt Payment for Construction Contracts Jan 2017
52.232-33 Payment by Electronic Funds Transfer -- System for
Award Management
Oct 2018
52.232-39 Unenforceability of Unauthorized Obligations Jun 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
Nov 2021
52.233-1 Disputes May 2014
52.233-3 Protest After Award Aug 1996
52.233-4 Applicable Law for Breach of Contract Claim Oct 2004
52.236-2 Differing Site Conditions Apr 1984
52.236-3 Site Investigation and Conditions Affecting the Work Apr 1984
52.236-5 Material and Workmanship Apr 1984
52.236-6 Superintendence by the Contractor Apr 1984
52.236-7 Permits and Responsibilities Nov 1991
52.236-8 Other Contracts Apr 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
Apr 1984
52.236-10 Operations and Storage Areas Apr 1984
52.236-11 Use and Possession Prior to Completion Apr 1984
52.236-12 Cleaning Up Apr 1984
52.236-13 Accident Prevention Nov 1991
52.236-17 Layout of Work Apr 1984
52.236-21 Specifications and Drawings for Construction Feb 1997
52.236-26 Preconstruction Conference Feb 1995
52.243-5 Changes and Changed Conditions Apr 1984
52.244-6 Subcontracts for Commercial Products and
Commercial Services
Jan 2022
52.246-21 Warranty of Construction Mar 1994
52.249-1 Termination for Convenience of the Government
(Fixed Price) (Short Form)
Apr 1984
52.249-10 Default (Fixed-Price Construction) Apr 1984
52.253-1 Computer Generated Forms Jan 1991
I.2 –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 – 1452.228-70 Liability Insurance – Department of the Interior (Jul 1996)
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
$500,000 each person
$1,000,000 each occurrence
$500,000 property damage
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the
Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.
I.5 – 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.6 – 52.225-9 Buy American–Construction Materials (Nov 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 product (as defined in paragraph (1) of the definition of
“commercial product” 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.
https://www.acquisition.gov/far/2.101#FAR_2_101
"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) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured construction material mined or produced in the United
States; or
(ii) A construction material manufactured in the United States, if–
(A) The cost of its components mined, produced, or manufactured in the United
States exceeds 55 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. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States.
Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives.
The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
"United States" means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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 product or to the construction materials or components listed by the Government as follows:
________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"] http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/12.505#FAR_12_505
(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
20 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)*
Item1:
Foreign construction material _______ _______ _______
Domestic construction material _______ _______ _______
Item2: _______ _______ _______
Foreign construction material _______ _______ _______
Domestic construction material
[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
I.7 – 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.8 – 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.
I.9 – 52.228-13 Alternative Payment Protections (Jul 2000)
(a) The Contractor shall submit one of the following payment protections:
Pursuant to 40 U.S.C. 3132, for construction contracts greater than $35,000, but not greater than $150,000, the contracting officer shall select two or more of the following payment protections, giving particular consideration to inclusion of an irrevocable letter of credit as one of the selected alternatives:
(i) A payment bond.
(ii) An irrevocable letter of credit (ILC).
(iii) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The Government makes payments to the contractor’s escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.
(iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer.
(v) A deposit of the types of security listed in 28.204-1 and 28.204-2.
The contractor shall submit to the Government one of the payment protections selected by the contracting officer.
The contractor shall furnish all bonds or alternative payment protection, including any necessary reinsurance agreements, before receiving a notice to proceed with the work or being allowed to start work.
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within __5__ days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
(End of clause)
I.10 – Construction Contraction Administration
Construction Contraction Administration
Federal Acquisition Regulation (FAR) 36.211(b) requires agencies provide description of policies and procedures that apply to definitization of equitable adjustments for change orders under construction contracts and data on the time required to definitize equitable adjustments for change orders under construction contracts. This information can be found at: https://www.doi.gov/pam/acquisition/policy/constructioncontract https://www.doi.gov/pam/acquisition/policy/constructioncontract
Section J – List of 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
Pages
001 Quote Sheet 1
002 SOW 1
003 Specifications 1 of 2 137
004 Specifications 2 of 2 59
005 Drawings 3
General Decision Number:
CA20220016, Mod 4, dated
9/2/2022
007 Relevant Experience 2
008 Site Visit Photo 1
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):
Provision Title Date
52.203-18 Prohibition on Contracting with Entities that Require
Certain Internal Confidentiality Agreements or
Statements—Representation
Jan 2017
52.209-2…
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