Solicitation_140P5224Q0005.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)

0040641563

NPS, SER - West MABO

2680 Natchez Trace Parkway

Tupelo MS 38804

PSW

Natchez Trace Parkway

2680 Natchez Trace Parkway Tupelo, MS 38804

Robert Solomon 4045075751

111/28/2023

140P5224Q0005

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

The National Park Service, Interior Region 2 Contracting Office is Requesting a

Quote for a requirement at the Vicksburg National Military Park, Vicksburg, MS. This project is to replace the Pennsylvania State Memorial Concrete Plaza and Sidewalk.

The Statement of Work has the complete details along with the scope of the project.

Site Visit: The location will be at the Vicksburg National Military Park, 3201 Clay

Street, Vicksburg, MS., 39183. The Offeror is highly encouraged to attend a site visit to inspect the site and to ensure they fully understand the requirements and conditions that may affect the cost of the project, specifications, and performance.

The date for the site visit is December 13, 2023 at 11:00am CST.

Type of Contract: Firm Fixed Price

NAICS: 238110 Poured Concrete Foundation and Structure Contractors

Contract Period of Performance: 180 days

Estimated Price Range: $100,000.00 - $250,000.00

Continued ...

11. The Contractor shall begin performance within

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.)

10 180 calendar days and complete it within ________________ ________________ calendar days after receiving

12/29/2023

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. 8/2014)

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, SER - West MABO 2680 Natchez Trace Parkway

Tupelo MS 38804

PSW

Robert Solomon

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, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P5224Q0005

This Procurement is a small business Set Aside.

Required Bonds: The project is subject to the

Wage Rate Requirements; 100% Performance and 100%

Payment, and a Certificate of Insurance will be required for this project.

Required quote submission documents:

1. Signed Standard Form 1442

2. Item Pricing sheet along with itemized breakdown of all costs

Please be advised that this requirement maybe delayed, cancelled, or revised at any time during the process based on decisions related to the

Department of Interior (DOI) and National Park

Service (NPS).

Any questions regarding this solicitation and quote, shall be submitted to robert_solomon@nps.gov

Replace Memorial Plaza and Sidewalk

Delivery: 12/29/2023

Delivery Location Code: 0009060262

NPS, Vicksburg NMP

3201 Clay Street

Vicksburg MS 39183-3495 US

00010 Replace Pennsylvania State Memorial Concrete

Plaza and Sidewalk

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

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

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION A –SF 1442 (Solicitation/Contract Form) SECTION B –Supplies or Services and Price Cost (See SF 1442 (block 17 for offer) SECTION C --Specifications ................Work and Schedule Considerations SECTION D-Packaging and Marking ................Postage and Markings SECTION E -- Inspection and Acceptance .............. Inspection of Construction ...............Warranty of Construction SECTION F -- Deliveries or Performance ...............Commencement, Prosecution, and Completion of Work ...............Suspension of Work SECTION G -- Contract Administration Data ...............Contract Administration ...............Authorities & Delegations (subcontracting & Site Administration) SECTION H -- Special Contract Requirements ...............EO – Prohibition of Text Messaging while Driving ...............Progress Meetings ...............Operation of Facility during Construction ...............Contractor Employees

PART II – CONTRACT CLAUSES

SECTION I -- Contract Clauses ...............Clauses by Reference ...............Release of Claims - Department of Interior ...............Liability Insurance - Department of Interior

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – List of Attachments ...............Specification/Statement of Work……………………..…

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications, and Other Statements of Offerors…………………………………25 SECTION M—Evaluation Factors for Award ……………..Evaluation Factor for Award………………………………………………………………………… 36

Section A: Solicitation/Contract Form

PROJECT TITLE: Replace Pennsylvania State Memorial Concrete Plaza and Sidewalk

SITE LOCATION: Vicksburg National Military Park, 3201 Clay St, Vicksburg, MS., 39183

NOTICE TO PROSPECTIVE OFFERORS

SUBMISSION OF DOCUMENTS: Your offer must include the following Sections and Forms:

SF-1442 SOLICITATION, OFFER AND AWARD. PLEASE NOTE: The SF-1442 must be signed, dated, and Blocks 14 through 20c must be completed.

SF-1442, ITEM 17, Offerors are cautioned to review acceptance time stated in Item 13d before completing this item.

Proposals offering less than specified time will cause proposal to be rejected.

SECTION B, Price Schedule (“ALL” Pricing shall be submitted with Price Schedule and Past Performance Questionnaire)

Offerors shall submit proposal to the following email address only: Robert_solomon@nps.gov

This project’s magnitude is between $100,000.00 and $250,000.00.

PERFORMANCE/PAYMENT BONDS - Successful offeror will be required to furnish Performance and Payment bonds on Standard Forms 25 and 25A based on total contract amounts in the following ranges: 100% performance bond, 100% payment bond. Offerors understand that the Government will inspect, accept, and possess the completed work and release the bonding when the work is completed and accepted under FAR 28.203-5.

There will be a site visit scheduled on December 13, 2023 at 11:00am CST. The location with the Vicksburg National Military Park Visitor Center, 3201 Clay St, Vicksburg, MS 39183. Offerors are highly encouraged make the site visit before putting the quote numbers together.

All questions regarding this solicitation must be submitted in writing to the Contracting Officer. Questions must be submitted by December 11, 2023 at 1:00pm CST. Questions submitted after this time may NOT be considered.

Quotes are due on December 29, 2023 at 1:00pm CST.

Section B – Price Schedule

The contractor shall provide all labor, parts, tools, equipment, supervision and all incidentals as necessary to replace the Pennsylvania State Memorial concrete plaza and sidewalk. Attached to this solicitation is just a sample price schedule. Submit bid schedule with price breakdown for each category.

NOTE: PROVIDE A DETAILED COST BREAKOUT OF YOUR LUMP SUM PRICE PROPOSAL

THAT SHALL INCLUDE ALL COSTS ASSOCIATED WITH YOUR PROPOSAL.

Section C – Statement of Work/Specifications

The contractor shall provide all labor, materials, tools, equipment and supervision necessary to replace the Pennsylvania State Memorial concrete plaza and sidewalk.

C.1 The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified). To perform to the Specifications and Drawings included as attachments in accordance with the Contract Documents.

All provisions, clauses, terms, and conditions in specifications and the Solicitation and Contract apply with equal force and binding effect, and contractor is expected to comply with same throughout the specified performance period and any extension, if granted.

Section D – Packaging and Marking

D.1 Payment of Postage and Fees

Payment of Postage and Fees related to submitting documents to the Contracting Officer or the Contracting Officer’s Representative shall be paid by the contractor.

D.2 Marking

All documents submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.

Section E - Inspection and Acceptance

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE in Section I of this contract.

See FAR 52.252-2 for an internet address (if specified) for electronic access to the full test of a clause.

Number Title

52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of Improvements AUG 1996 52.246-21 Warranty of Construction MAR 1994

E.2 52.246-12 INSPECTION OF CONSTRUCTION (Aug 1996)

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 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. 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 35 percent (35%) 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.

F.4 52.236-15 Suspension of Work (Apr 1984)

As prescribed in 36.515, insert the following clause:

Schedules for Construction Contracts (Apr 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(End of clause)

Section G – Contract Administration Data

G.1 Contracting Officer’s Representative(s) for this contract will be:

Neal Downey Work: 601 618 4544 Email: Christopher_downey@nps.gov

G.2 Contract Officer responsible for administering this contract:

Robert Solomon Contracting Officer Work: (404) 507-5751 robert_solomon@nps/.gov

G.3 TECHNICAL DIRECTION

The performance of the work required herein shall be subject to the technical direction and surveillance of the COR or his designee.

As used herein, "technical direction" is direction to the Contractor which requires pursuit of certain lines of inquiry, filing in detail 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 prior to 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 (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 Contracting Officer 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; the Contractor or the Contractor's Superintendent must contact the COR regarding such decisions and directions.

The Contractor shall have a competent superintendent (hereinafter referred to as 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 is responsible for furnishing the Contracting Officer with one (copy of the Weekly Payroll Form WH-347 or equivalent) to include payroll records for his/hers subcontractors. Payroll records shall be submitted within seven (7) 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 in accordance with 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.

No subcontractor shall be allowed on the site without an executed SF 1413. The Prime shall be held responsible for ensuring that his/hers 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.

G.9 1452.201-70 Authorities and Delegations (Sep 2011)

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.

(a) The Contracting Officer will designate a Contracting Officer’s Representative (COR) at time of award.

(b) 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.

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;

(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

The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or sign 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; COR.

(4) 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.

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.

(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 (7) days after close of payroll period.

H.6 OPERATION OF FACILITY DURING CONSTRUCTION

The contractor shall coordinate in advance with the COR during the construction activity and day-to-day operations regarding any proposed interruptions to the operations of the facility and/or use of the premises. The contractor must coordinate with the COR for any temporary measures. All temporary measures 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 7:30 a.m. through 4:00 p.m., Monday through Friday. Contractor will not be permitted to work at the job site on Saturday, Sunday or legal holidays unless otherwise authorized by the CO.

H.8 USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Government land or lands administered by the Government, written permission shall be obtained in advance through the Contracting Officer.

A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

(b) Unless provided otherwise, the Contractor shall provide and maintain sanitation facilities 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 work week 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 or Facility Manager 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 prior to 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

Debris, rubbish, and non-usable material resulting from the work under this contract shall be disposed of on non-Federal and non-Park land in a manner that meets federal, state 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 in a proper, efficient, courteous and business-like manner.

(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.

(e) The Contractor shall perform thirty five percent (35%) of the work under this solicitation.

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 comply with federal, state and local laws. Evidence of such permits and licenses shall be provided to the Contracting Officer before work commences, or as requested. All licenses, permits, certifications, and other authorization to performed for this project shall be displayed or made available through the superintendent of the work 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, county, and National Fires Protection Association codes at https://www.nfpa.org/Codes. 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 Contracting Officer’s Technical Representative (COR).

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 five (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 seven (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 immediately 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) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone

(866) 973-3131.

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

(End of Local Clause)

H.19 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984

In accordance with FAR 52.236-14, Availability and Use of Utility Service, the following utility services will be made available under this contract:

None https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

SECTION I – CONTRACT CLAUSES

I.1 52.252-02 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.arnet/far.gov

Clause Title Date 1452.203-70 Restriction on Endorsements Jul 1996 1452.210-70 Brand Name or Equal--Department of the Interior Jul 1996 1452.215-70 Examination of Records by the Department of the Interior Apr 1984 1452.224-01 Privacy Act Notification (July 1996) Deviation Jul 1996 1452.236-70 Prohibition Against Use of Lead-based Paint Jul 1996 52.202-01 Definitions Nov 2013 52.203-03 Gratuities Apr 1984 52.203-05 Covenant Against Contingent Fees May 2014 52.203-06 Restrictions on Subcontractor Sales to the Government Sept 2006 52.203-07 Anti-Kickback Procedures May 2014 52.203-08 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity May 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

Oct 2010

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

Apr 2014

52.204-01 Approval of Contract Dec 1989 52.204-04 Printed or Copied Double-Sided on Recycled Paper May 2011 52.209-05 Certification Regarding Responsibility Matters Oct 2015 52.209-06 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment Oct 2015

52.215-02 Audit and Records--Negotiation Oct 2010 52.215-08 Order of Precedence--Uniform Contract Format Oct 1997 52.215-10 Price Reduction for Defective Cost or Pricing Data

Aug 2011 52.215-12 Subcontractor Certified Cost or Pricing Data Oct 2010 52.216-24 Limitation of Government Liability Apr 1984 52.216-25 Contract Definitization Oct 2010 52.219-04 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns Oct 2014

52.219-08 Utilization of Small Business Concerns Nov 2016 52.219-14 Limitations On Subcontracting Jan 2017 52.222-01 Notice to the Government of Labor Disputes Feb 1997 52.222-03 Convict Labor Jun 2003 52.222-04 Contract Work Hours and Safety Standards-Overtime

Compensation May 2018

52.222-06 Construction Wage Rate Requirements Aug 2018 52.222-07 Withholding of Funds May 2014 52.222-08 Payrolls and Basic Records Aug 2018 52.222-09 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 Requirement and

Related Regulations May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.222-16 Approval of Wage Rates May 2014 52.222-21 Prohibition of Segregated Facilities Apr 2015

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

Feb 1999

52.222-26 Equal Opportunity Sept 2016 52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015 52.222-35 Equal Opportunity for Veterans Oct 2015 52.222-36 Affirmative Action For Workers with Disabilities Jul 2014 52.222-37 Employment Reports on Veterans Feb 2016 52.222-50 Combat Trafficking in Persons Mar 2015 52.222-54 Employment Eligibility Verification Oct 2015 52.222-55 Minimum Wages Under Executive Order 13658 Dec 2015 52.223-03 Hazardous Material Identification And Material Safety Data Jan 1997 52.223-05 Pollution Prevention and Right-to-Know Information May 2011 52.223-06 Drug-Free Workplace May 2001 52.223-10 Waste Reduction Program May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving Aug 2011

52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.227-04 Patent Indemnity-Construction Contracts Dec 2007 52.228-02 Additional Bond Security Oct 1997 52.228-05 Insurance - Work on a Government Installation Jan 1997 52.228-11 Pledges of Assets Jan 2012 52.228-12 Prospective Subcontractor Requests for Bonds May 2014 52.228-15 Performance and Payment Bonds Oct 2010 52.229-03 Federal, State, and Local Taxes Feb 2013 52.232-05 Payments under Fixed-Price Construction Contracts May 2014 52.232-16 Progress Payments Apr 2012 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

52.233-01 Disputes May 2014 52.233-03 Protest after Award Aug 1996 52.233-04 Applicable Law for Breach of Contract Claim Oct 2004 52.236-02 Differing Site Conditions Apr 1984 52.236-03 Site Investigation and Conditions Affecting the Work Apr 1984 52.236-04 Physical Data Apr 1984 52.236-05 Material and Workmanship Apr 1984 52.236-06 Superintendence by the Contractor Apr 1984 52.236-07 Permits and responsibilities Nov 1991 52.236-08 Other Contracts Apr 1984 52.236-09 Protection of Existing Vegetation, Structures, Equipment

Utilities, and Improvements Apr 1984

52.236-10 Operations and Storage Areas Apr 1984 52.236-11 Use & Possession Prior to Completion Apr 1984 52.236-12 Cleaning up Apr 1984 52.236-13 Accident Prevention Nov 1991 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 52.248-03 Value Engineering-Construction Oct 2015 52.249-02 Termination for Convenience of the Government (Fixed-Price) Apr 2012 52.244-06 Change Order Accounting Nov 2017

52.249-02 Termination for Convenience of the Government (Fixed-Price) Apr 2012 52.249-10 Default (Fixed-Price Construction) Apr 1984 52.252-04 Alterations in Contract Apr 1984 52.252-06 Authorized Deviations in Clauses Apr 1984 52.253-01 Computer Generate Forms Jan 1991

52.246-21 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)

I.2 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.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:

1. Worker’s compensation and employer’s liability: $500,000

2. General Liability: $100,000 each person and $500,000 each occurrence

3. Property Damage: $1,000,000

(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.

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

I.4 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

I.5 52.204-8 ANNUAL REPRESENTATION AND CERTIFICATIONS (MAR 2023)

I.6 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING JUL 2013

RESPONSIBILITY MATTERS

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov .

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

I.7 52.225-09 BUY AMERICAN ACT – CONSTRUCTION MATERIALS MAY 2014

BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2014)

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

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

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

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

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

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

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the…