SOL_Clauses.docx

SECTION D – PACKAGING AND MARKING

D.1 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information forms, reports, etc., to the Contracting Officer (CO), Contract Specialist (CS), or the Contracting Officer’s Representative (COR) shall be paid by the contractor.

D.2 MARKING

All information submitted to the CO, CS, or the COR shall clearly indicate the contract’s Contract Number for which the information is being submitted.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection 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.

E.2 FAR 52.246-21 Warranty of Construction Mar 1994 As prescribed in 46.710(e)(1), the contracting officer may insert a clause substantially as follows in solicitations and contracts when a fixed-price construction contract (see 46.705 (c)) is contemplated, and the use of a warranty clause has been approved under agency procedures:

WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause) Alternate I (Apr1984). If the Government specifies in the contract the use of any equipment by "brand name and model," the contracting officer may add a paragraph substantially the same as the following paragraph (k) to the basic clause:

(k) Defects in design or manufacture of equipment specified by the Government on a "brand name and model" basis, shall not be included in this warranty. In this event, the Contractor shall require any subcontractors, manufacturers, or suppliers thereof to execute their warranties, in writing, directly to the Government.

Parent topic: 52.246 [Reserved]

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK APR 1984

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days after receiving the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.2 52.236-01 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen percent (15%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

F.3 52.242-14 SUSPENSION OF WORK APR 1984

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed–

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of Clause)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S REPRESENTATIVE(S) (COR) FOR THIS CONTRACT WILL BE DETERMINED AT TIME OF AWARD.

G.2 CONTRACT OFFICER RESPONSIBLE FOR ADMINISTERING THIS CONTRACT:

Tara Clark Contracting Officer National Park Service 2680 Natchez Trace Parkway Tupelo, MS 38804 Tara_clark@nps.gov 662-680-4019

G.3 TECHNICAL DIRECTION

The performance of the required work shall be subject to the COR’s or designee’s technical direction and surveillance. As used herein, “technical direction” is direction to the Contractor which requires pursuit of certain lines of inquiry, filing in details or otherwise serving to accomplish the contract specifications. The technical direction, to be valid:

(a) Must be issued in writing consistent with the general scope of the work set forth in the contract;

(b) May not constitute a new assignment of work changes to the expressed terms, conditions, or specifications incorporated into this contract;

(c) Shall not constitute a basis for extension of the contract delivery schedule.

Nothing contained in this part authorizes the Contractor to incur costs in excess of the contract price or other limitation of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless before commencing such work, the Contractor:

1) directly notifies the CO;

2) requests a formal contract modification; and

3) receives written authorization to proceed from the CO.

G.4 CORRESPONDENCE

Any correspondence initiated by the Contractor shall include the Contract Number and shall be addressed to the CO or CS (original and one copy) at the address provided in the clause entitled “Contractor Administration”.

G.5 CONTRACT PAYMENTS

The Contractor shall submit invoices to the CO for the percentage of work completed. Contractor and COR at the site must agree on the percentage of work completed.

G.6 JOB SITE ADMINISTRATION

The COR will be available at the site to inspect the work as it progresses. The COR is not authorized to make technical decisions or give technical directions without prior consent of the Contracting Officer (CO); the Contractor or the Contractor’s Superintendent must contact the COR and CO about the decisions and directions.

The Contractor shall have a competent superintendent (the “Contractor’s Superintendent”) who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor’s behalf; and (iii) to be present on the job site at all times when contract work is being performed.

G.7 PAYROLL RECORDS

The Prime Contractor must give the Contracting Officer with one (copy of the Weekly Payroll Form WH-347 or equivalent) to include payroll records for their subcontractors. Payroll records shall be submitted in seven (7) calendar days after the close of the payroll period and numbered in consecutive order. The Prime Contractor shall review all subcontractors’ payroll and ensure that all employees are paid per the Wage Determination, which is a part of this contract.

The Prime Contractor shall ensure that compliance is met. The Contractor is subject to the Wage and Hour Dept., U.S. Department of Labor.

G.8 SUBCONTRACTING

The Prime Contractor shall complete a Standard Form (SF1413) for each subcontractor and submit the form to the Contracting Officer or Specialist. No subcontractor shall be allowed on the site without an executed SF 1413. The Prime shall be held responsible for ensuring that his/her subcontractor’s DO NOT subcontract any portion of this work. The Prime Contractor is responsible to ensure that all subcontractors carry sufficient insurance in accordance with this contract.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 EXECUTIVE ORDER 13513 PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING AS PRESCRIBED IN FEDERAL LEADERSHIP ON REDUCING TEXT MESSAGING WHILE DRIVING.

PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING (OCT 2009)

This Executive Order introduces a Federal Government-wide Prohibition on the use of text messaging while driving on official business or while using Government –supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or –rented vehicles, government-owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on the behalf of the government.

(End of order)

H.2 GENERIC GENDER TERMINOLOGY

Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as “it” or “their”.

H.3 SAFETY

The Contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Occupational Safety and Health Act (OSHA) or Federally approved State equivalent(s) thereof; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right- to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA) and Toxic Substances Control Act (TSCA); and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act (RCRA).

H.4 PROGRESS MEETINGS

(a) The Contractor shall be available to meet with the CO or his/her representative at the job site during construction to discuss work progress as defined by the Statement of Work.

(b) Meetings will be scheduled by the CO with timely notification to the Contractor.

(c) At the progress meetings, the Contractor shall give oral reports of the progress on the project to the CO. If the work is behind schedule, the Contractor shall be prepared to:

(i) discuss the work and any causes of work delay(s);

(ii) present a plan to bring the work back into conformance with the schedule; or, if necessary

(iii) to propose a revised work schedule.

H.5 PAYROLLS

The Contractor must furnish copies of his weekly payrolls to the CO. Payroll submission is required weekly, seven calendar days after the payroll period closes.

H.6 OPERATION OF FACILITY DURING CONSTRUCTION

Construction activities must not interrupt the function and the facility’s daily operations during construction.

The contractor must coordinate with the COR for any temporary measures. All temporary measures employed shall be at the Contractor’s expense and shall be removed upon completion of the contract.

H.7 WORK HOURS

Normal work hours are from 7:00 a.m. through 3:30 p.m., Monday through Friday. Contractor will not be permitted to work at the job site on Saturday, Sunday or legal holidays unless the CO authorized otherwise.

H.8 USE OF PREMISES

(a) Before any location, other than shown in the photos or during the site visit, is accessed, written permission shall be obtained through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor.

(b) Unless provided otherwise, the Contractor shall provide and maintain a sanitary working environment for the workforce at the site. Solid waste shall be disposed of in accordance with applicable federal, state, and local regulations.

H.9 MAXIMUM WORK WEEK

The maximum workweek that will be approved is 40 hours. The Contractor’s proposed hours of work are to include daily starting and stopping times.

H.10 EXCAVATION AND UTILITY CLEARANCES

The Chief of Maintenance, for each park, shall ensure that the Contractor is provided with necessary excavation and utility clearances. The Contractor shall request such clearances and staking in writing to the Contracting Officer no less than ten (10) calendar days before the date which he/she anticipates commencement of work. The Contractor will not proceed with excavation of any kind until such clearances have been issued. Clearances will be valid from the date of issue or completion of, or otherwise directed by the issuing authority.

H.11 DISPOSAL

Contractor will dispose all debris, rubbish and non-useable material from the site and all federal property in a manner that meets federal, state, county and local laws.

H.12 CONTRACTOR EMPLOYEES

(a) The Contractor shall provide the Contracting Officer with the name of the responsible supervisor authorized to act for the Contractor.

(b) The Contractor shall furnish sufficient personnel to perform, supervise and manage all work.

(c) Contractor employees shall conduct themselves properly, efficiently, courteously, and professionally.

(d) The Contractor shall remove from the site any individual whose continued employment is deemed by the contracting officer to be contrary to public interest or inconsistent with the National Park Service.

H.13 PERMITS

The contractor shall, without additional expense to the government, obtain all appointments, licenses, and permits required to perform work under this contract. The contractor shall follow federal, state, and local laws. Evidence of such permits and licenses shall be provided to the CO before work commences, or as requested. The contractor will always display the permits and license on the job site.

H.14 QUALITY OF WORK

Workmanship shall be of the highest quality and best practices of the trade. Contractor shall conform to all requirements of the state and county code, ANSI A 10.6 and applicable codes of the National Fires Protection Association. All replacement materials shall conform to the manufacturer specifications and standards. Substitute items shall be equal to or better that the original material and must be approved by the Government.

H.15 COMPLETION OF WORK

The time stated for completion of the project includes all materiel procurement, payroll records, corrections of all discrepancies (Punch List Items), and final clean up on premises as stated in the clause “Commencement, Prosecution and Completion of Work”, FAR 52.211-10 (APR 1984) Section F.

H.16 MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the clause herein entitles “Materials and Workmanship”, FAR 52.236-5 (APR 1984), Section I, shall be submitted to the Contracting Officer through the COR in 5 copies. The Denver Service Center Form (DSC-1) entitled “Transmittal USDI, National Park Service”, shall be used. Contractor shall re-submit any disapproved submittals within 7 calendar days of disapproval.

H.17 ARCHEOLOGICAL FINDINGS

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 and 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 operation 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 the contractor, he will be compensated by an equitable adjustment under the General Provision of the Contract.

H.18 DOI ELECTRONIC INVOICING ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT PLATFORM (IPP) APRIL 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 submit to the CO and the COR the payroll for the general contractor and any applicable sub- contractors and an updated schedule.

The contractor must us 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 instruction via email from the Federal Reserve Bank of Boston (FRBB) before the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

(End of Local Clause)

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. On 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): https://www.acquisition.gov/

Whistleblower Rights

JUN 2020

Services or Equipment

NOC 2021

Debarred, Suspended, or Proposed for Debarment

NOV 2021

Opportunity for Construction

FEB 1999

Relating to Iran – Representations and Certifications

JUN 2020

I.2 1452.204-70 RELEASE OF CLAIMS–DEPARTMENT OF THE INTERIOR JUL 1996

After completion of work and before 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.3 1452.228-70 LIABILITY INSURANCE 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:

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 calendar days before 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 before beginning the work.

(c) The contractor shall name the United States, National Park Service, as the insured party(ties) on the liability insurance policy.

SECTION J – LIST OF ATTACHMENTS

SECTION K – REPRESENTATION AND CERTIFICATIONS

Contractors must have a completed and updated Online Representation and Certifications Application on SAM.gov.

K.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC 2014

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

K.3 52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION OCT 1997

(a) Proposals must be

(1) submitted on the forms furnished by the Government or on copies of those forms; and

(2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including—

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

(End of provision)

K.4 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES- REPRESENTATION

As prescribed in 4.2105(c), insert the following provision:

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

*All complete proposal submissions shall include: three (3) sections addressing the factors listed in Section M of the solicitation: Section I-Technical Proposal, Section II-Past Performance, and Section III-Cost Proposal.

L.1 SECTION I: TECHNICAL PROPOSAL (NOT TO EXCEED 30 PAGES)

Technical proposal shall address the work to be accomplished in the statement of work and address the evaluation criteria (Technical Approach) listed in section M of this solicitation. Offerors shall provide a list of potential subcontractors planned for use on this project. If applicable, offerors should describe the number of years (or previous contracts) that the offeror and subcontractor(s) have teamed together (state clearly if this is the first time you have teamed together). A technical proposal that is not complete will not be evaluated.

L.2 SECTION II: PAST PERFORMANCE:

The Past Performance Questionnaire is part of the proposal package attached to the solicitation (Attachment 003). The questionnaire must be completed for three (3) projects of same or similar scope and complexity as the contemplated contract. The questionnaire must be completed by customers for relevant projects from no more than five (5) years before this solicitation. Past performance on contracts with the Federal Government, other public agencies, or private organizations will be considered. The past performance of the Offeror and/or its proposed subcontractors on projects same or similar in scope and complexity will be evaluated in the areas of quality, timeliness, and business relations. The Government will conduct an assessment utilizing the Past Performance Questionnaires provided to the government based on the quality, relevancy and recency of the Offeror's past performance, as well as that of its major subcontractors. The Government will conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same or similar in nature, size, and complexity to the services/products being procured under this solicitation.

Offerors are cautioned that in conducting the Past Performance Questionnaire the Government may use data provided in the Offerors proposal and data obtained from other sources, such as the Contractor Performance Assessment Reporting System (CPARS) or similar systems. Since the Government may not necessarily interview all of the sources provided by the Offerors, it is incumbent upon the Offerors to explain the relevance of the data provided. Offerors are reminded that while the Government may elect to consider data obtained from other sources, the burden of proving low Performance Risk rests with the Offerors.

L.3 SECTION III: COST PROPOSAL

All contractors are required to provide a detailed cost proposal with a breakout of costs associated with general conditions, materials, labor, overhead, profit, bonding, and insurance. The breakout shall include (but not be limited to) labor and each material cost. All contractors must complete this section as part of their cost proposal. Costs will be evaluated against current industry standards. In cases of a perceived discrepancy, offerors may be asked to clarify costs based on the findings of the Government.

Additionally, all offerors must submit with their proposal, a signed SF1442 Solicitation, Offer and Award along with the signed amendments to the solicitation.

L.4 PROPOSAL FILE FORMAT:

· Page setup parameters:

· Margins Top, Bottom, Left, Right - 1

· Gutter 0

· From Edge Header, Footer - 0.5

· Page Size, Width 8.5

· Page Size, Height 11 Font may be no smaller than 10-point font. Proposal shall be legible and file format shall be in Acrobat Reader (.pdf). Proposals must not exceed 30 pages. Company logos are prohibited except on the title page. Pages that exceed the margin, font or total page limit will not be evaluated. Page count will NOT be based upon the numbers of pages printed but rather dictated by the number of pages in a print layout view in the application based upon the above prescribed document settings. Counting pages in the order they appear for viewing will make up the page count. Drawing, tables, and figures may be attached to proposals when applicable and will not count towards the page count. Cost and past performance questionnaires will not count towards the page count of the proposal.

L.5 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): https://www.acquisition.gov/

L.6 1452.233-03 SERVICE OF PROTEST-DEPARTMENT OF THE INTERIOR JUL 1996 (DEVIATION)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer at National Park Service- Interior Region 2, South Contracting Office, Chad Williams- Contracting Officer, 40001 State Road 9336, Homestead, FL 33034 by obtaining written and dated acknowledgment of receipt from NPS.

a) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

b) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor for Procurement and Patents, 1849 C Street, NW, Room 6511, Washington, D.C. 20240.

L.7 52.216-01 TYPE OF CONTRACT APR 1984

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

L.8 52.236-27 SITE VISIT (CONSTRUCTION) FEB 1995

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are encouraged to inspect the site where the work will be performed.

(b) SITE VISIT: Tuesday February 217, 2023 and 10:00 Central Time.

· Meeting at Visitor Center Parking Lot. Contact Park Representative upon arrival.

· Park Representative : Neal Downey, Program Manager, 6016184544

L.9 52.233-2 Service of Protest SEP 2006

As prescribed in 33.106 , insert the following provision:

SERVICE OF PROTEST (SEPT 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Tara Clark 2680 Natchez Trace Parkway Tupelo MS 38804

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

SECTION M -- EVALUATION FACTORS FOR AWARD

M.1 EVALUATION FACTORS EVALUATION FACTORS FOR AWARD

Offeror’s proposed price will be evaluated on the basis of price reasonableness and the criteria below. All non- priced factors when combined, will be equal to price.

A. Experience, Technical Capability and Approach - The offeror must provide evidence of capability to perform the work required. Evidence may include, years of experience, description of same or similar work, and/or other descriptive literature.

B. Past Performance - The offeror must provide at least three (3) past performance references (Company name, email, and contact name). The Government may use its own past performance history with the offeror when considering past performance.

C. Price

The Government intends to evaluate proposal and award a contract without discussions with offeror. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. Government will use the source selection rating below.

(1) Technical Ratings. The ratings below include the consideration of risk in conjunction with the strengths, weaknesses, significant weaknesses, uncertainties, and deficiencies in an offeror’s proposal. These shall be used on all technical factors and sub-factors and sufficient documentation supporting these ratings shall be included with the ratings:

Adjectival Rating

Description

understanding of the requirements. and risk of unsuccessful performance is no worse than moderate.

discussions.

(2) Past Performance Evaluations/Documentation shall address the following three items.

(i) Recency: Recency is generally expressed as a time during which past performance references are considered relevant and is critical to establishing the relevancy of past performance information.

(ii) Relevance: In establishing what is relevant for the acquisition, consideration should be given to those aspects of an offeror’s history of contract (or subcontract) performance that would provide the most context and give the greatest ability to measure whether the offeror will successfully satisfy the current requirement. Common aspects of relevancy include, but are not limited to, the following: similarity of product/service/support, complexity, dollar value, contract type, use of key personnel (for services), and extent of subcontracting/teaming.

(iii) Quality: The past performance evaluation conducted in support of a current source selection does not establish, create, or change the existing record and history of the offeror's past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed those past contracts. Requirements for considering history of small business utilization are outlined at FAR 15.304(c)(3)(ii). The Past Performance Evaluation will review all past performance information collected and determine the quality of the offeror's performance, general trends, and usefulness of the information.

Once the past performance evaluation is completed, one of the following ratings shall be assigned.

Performance Confidence Assessments Rating

past performance.