UCF Clauses and Provisions.pdf

RFP 140P5521R0009 4

Table of Contents

PART I - THE SCHEDULE A-1

SECTION A - SOLICITATION/CONTRACT FORM A-1

STANDARD FORM (SF) 1442 SOLICITATION, OFFER, AND AWARD NOTICE: Competitive Small Business Set-Aside (Construction, Alteration, or Repair) A-1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS B-0

B.1 PRICE/COST SCHEDULE B-1

B.2 SUPPLIES, SERVICES OR BOTH TO BE FURNISHED B-2

B.3 CONSIDERATION -- FIXED-PRICE B-3

SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT C-1

C.1 SPECIFICATIONS AND PLANS C-1

SECTION D - PACKAGING AND MARKING D-1

SECTION E - INSPECTION AND ACCEPTANCE E-3

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE E-1

E.2 INSPECTION AND ACCEPTANCE E-2

SECTION F - DELIVERIES OR PERFORMANCE F-4

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE F-1

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OFWORK ALT 1 F-2

F.3 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS F-3

F.4 PRINCIPAL PLACE OF PERFORMANCE F-4

SECTION G - CONTRACT ADMINISTRATION DATA G-3

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS G-1

G.2 INVOICES G-2

G.3 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR) G-3

SECTION H - SPECIAL CONTRACT REQUIREMENTS H-1

H.1 EXECUTIVE ORDER 13513: PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT

SUPPLIED BY THE GOVERNMENT WHILE DRIVING H-1

H.2 EXECUTIVE ORDER 13991: PROTECTING THE FEDERAL WORKFORCE & REQUIRING MASK-WEARING H-2

H.3 WAGE DETERMINATION H-3

H.4 SAFETY H-4

H.5 PAYROLL H-5

H.6 OPERATION OF FACILITY DURING CONSTRUCTION H-6

H-7 WORK HOURS H-7

H-8 USE OF PREMISES H-8

H-9 MAXIMUM WORK WEEK H-9

H-10 SAMPLES AND CERTIFICATES H-10

H-11 DISPOSAL H-11

H-12 CONTRACTOR EMPLOYEES H-12

H-13 PERMITS AND LICENSES H-13

H-14 QUALITY OF WORK H-14

H-15 COMPLETION OF WORK H-15

H-16 MATERIAL APPROVAL SUBMITTALS H-16

H-17 ARCHEOLOGICAL FINDINGS H-17

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H-18 DOI AAAP-0050 V2 NOTICE TO CONTRACTORS CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM (DECEMBER 2015) H-18

PART II - CONTRACT CLAUSES I-6

SECTION I - CONTRACT CLAUSES I-6

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE I-1

I.2 1452.215-70 RELEASE OF CLAIMS – DEPARTMENT OF THE INTERIOR I-2

I.3 1452.228-70 LIABILITY INSURANCE I-2

I.4 52.222-35 EQUAL OPPORTUNITY FOR VETERANS I-2

I.5 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES I-3

I.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE I-4

I.7 CONTRACTING OFFICER REPRESENTATIVE I-5

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J-1

SECTION J - LIST OF ATTACHMENTS J-1

PART IV - REPRESENTATIONS AND INSTRUCTIONS K-8

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS K-8

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCOPRORATED BY REFERENCE K-1

K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION K-2

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS K-3

K.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS K-4

K.5 52.209-7 INFORMATION REGARDING RESPONSIILITY MATTERS K-5

K.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION K-6

K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS K-7

K.8 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN—CERTIFICATION K-8

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L-8

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE L-1

L.2 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE L-2

L.3 52.216-1 TYPE OF CONTRACT L-3

L.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK L-4

L.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS L-5

L.6 52.233-2 SERVICE OF PROTEST L-6

L.7 52.236-27 ALT 1 SITE VISIT (CONSTRUCTION) (FEB 1995) L-7

L.8 PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS L-8

SECTION M - EVALUATION FACTORS FOR AWARD M-1

M.1 EVALUATION M-1

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PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE AND COSTS

B.1 PRICE AND COST SCHEDULE

PARK: Fort Sumter National Monument

LOCATION: Charleston Harbor, South Carolina, Charleston County

PROJECT

TITLE:

FOSU 244268 – Drainfield and Sewer Improvements

ITEM DESCRIPTION QTY UNIT TOTAL

PRICE

Base Item 10 Septic system improvements under the statement of work 1

Lump Sum $

Base Item 20 Drainfield armoring and repair under the statement of work 1

Lump Sum $

TOTAL AMOUNT OFFERED $

NOTE: Complete Attachment C: Schedule of Values Form (page 14 of SOW) and include with your proposal.

B.2 SUPPLIES, SERVICES, OR BOTH TO BE FURNISHED

Contractor shall provide all labor, materials, and facilities necessary to improve the existing drainfield and sewer under the applicable Statement of Work as required at Fort Sumter National Monument, South Carolina.

B.3 CONSIDERATION -- FIXED-PRICE

The total firm-fixed price of this contract is $__________________.

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SECTION C - DESCRIPTION, SPECIFICATIONS AND STATEMENT OF WORK

C.1 SPECIFICATIONS AND PLANS

The Statement of Work, Wage Determination and Past Performance Questionnaire are attached and listed in Section J as Attachments.

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SECTION D - PACKAGING AND MARKING

D.1 Payment of Postage and Fees: Contractor shall pay all postage and fees concerning submitting information forms, reports, etc., to Contracting Officer (CO) or CO’s Representative (COR).

D.2 Marking: Contractor shall indicate the Contract Number on all information it submits to the CO or COR.

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at this https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses.

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.2 INSPECTION AND ACCEPTANCE

CO or a duly authorized representative shall make final inspection and acceptance at:

Inspection: Fort Sumter National Monument, South Carolina

Acceptance: (Same as Above)

For this clause, CO’s Representative (COR) named in the Designation of COR clause in this contract is CO’s representative.

The CO reserves the right to unilaterally designate other Government agents as authorized representatives. Should that occur, the CO will give Contractor written notice.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at this https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses.

NUMBER TITLE DATE

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION APR 2015

52.227-4 PATENT INDEMNITY – CONSTRUCTION CONTRACTS DEC 2007

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.242-14 SUSPENSION OF WORK APR 1984

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

Contractor shall be required to (a) commence work under this contract in 10 calendar days after the date Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 200 days after the Notice to Proceed receipt date. The time stated for completion shall include the premises’ final cleanup.

F.3 52.225-9 BUY AMERICAN ACT – CONSTRUCTION MATERIALS (FEB 2021)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

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

(i) A commercial item (as defined in paragraph (1) of the definition at Federal Acquisition Regulation

(FAR) 2.101);

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

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

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or 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— https://www.acquisition.gov/far/part-2#FAR_2_101

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(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.

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"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 item or to the construction materials or components listed by the Government as follows:

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 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).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

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(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit Of Measure Quantity Price (dollars)*

Item 1:

Foreign construction material

Domestic construction

Item 2:

Foreign construction

Domestic construction

[* 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.]

(End of Clause)

F.4 PRINCIPAL PLACE OF PERFORMANCE

The effort required under this contract shall be performed at: Fort Sumter National Monument, Charleston Harbor, South Carolina

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer (CO): Contracting Officer Representative (COR):

Name: Lara Wood Name: Assigned at time of award Phone: 828.243.3466 Phone:

Email: Lara_Wood@nps.gov Email:

G.2 INVOICES

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Internet Payment 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 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.

G.3 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

For this contract, COR, shall be: Assigned at time of award.

mailto:Lara_Wood@nps.gov https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Executive Order 13513: Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government While Driving (OCT 2009) as prescribed in Federal Leadership on Reducing Text Messaging While Driving.

This Executive Order introduces a Federal Government-wide Prohibition on using text messaging while driving on official business or while using Government–supplied equipment. Please adopt and enforce policies to 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 government’s behalf.

H.2 Executive Order 13991: Protecting the Federal Workforce and Requiring Mask-Wearing (JAN 2021)

The Executive Order introduces a Federal Government-wide Implementation of wearing of masks while around others, maintaining physical distancing and adhering to guidance from the Centers for Disease Control and Prevention (CDC) is required when performing services on a Government job.

H.3 WAGE DETERMINATION

In performing this contract, Contractor shall follow the requirements of U.S. Department of Labor Wage Determination Number SC20210023, dated January 1, 2021, which is contained as an Attachment to this solicitation.

H.4 SAFETY

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); 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.5 PAYROLL RECORDS

Contractor shall furnish the CO with one payroll (copy of the Weekly Payroll Form WH-347 or equivalent) to include payroll records for subcontractors. Payroll records shall be submitted within seven days after the close of the payroll period and numbered in consecutive order. Contractor shall review all subcontractors’ payrolls and ensure all employees are paid under the Wage Determination identified for this contract. Contractor shall ensure that compliance is met. Contract is subject to the Wage and Hour Dept., U.S. Department of Labor.

H.6 OPERATION OF FACILITY DURING CONSTRUCTION

Construction activities shall not interrupt the Park’s day-to-day operations during construction. Contractor shall coordinate with the COR for any temporary measures. All temporary measures employed shall be at Contractor’s expense and shall be removed upon contract completion.

H.7 WORK HOURS

Normal work hours are from 7:30 a.m. through 4:30 p.m., Monday through Friday, excluding Federal holidays. Contractor will not be permitted to work at the job site on Saturday, Sunday, or legal holidays unless CO authorizes otherwise. Requests to work outside of normal business hours shall be date specific and shall be submitted to and be pre-approved by both the CO and COR with a minimum of 72 hours’ notice.

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H.8 USE OF PREMISES

Contractor shall have use of premises (i.e. the construction zone, meaning the areas or locations identified in the Contract and SOW, as confirmed by authorized Government representatives, within which the contract Work will take place) for construction operations, including use of Project site, during construction period. Contractor’s use of premises is limited only by the Government’s right to perform work or to retain other contractors on portions of the project.

• Unless provided otherwise, Contractor shall provide and maintain sanitation facilities for the workforce at the site throughout the entire performance period. Solid waste shall be disposed of per applicable federal, state, and local regulations.

• Confine on-site material storage, equipment and vehicle parking, and staging area to areas specifically designated by COR. For other areas, provide written request to COR five days before occupying these areas.

• Keep job site clear of trash and debris. Dispose of any trash, debris, and other unusable material legally at authorized facilities on non-federal land. Provide a construction dumpster for this work. Food trash and debris shall be placed in the appropriate receptacles at the end of each day- not a construction dumpster.

• Contractor shall always conduct its operations to ensure the least inconvenience to the public and employees.

• Contractor shall make provisions to allow continued use of the general area outside the specific construction zone surrounding the building and access to sidewalks, etc.

• Contractor shall provide adequate signing and barricades and take necessary safety measures to protect the public during all construction operations, the adequacy of such to be determined by the Government. Contractor shall minimize disturbance of all undisturbed areas.

H.9 MAXIMUM WORK WEEK

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

H.10 SAMPLES AND CERTIFICATES

When the specifications or CO requires, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by CO or designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction the contract performance requirements specify. Contractor shall submit duplicate samples, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall both be used in the work until CO’s written approval.

H.11 DISPOSAL

Contractor will dispose of all debris, rubbish, sanitation waste, and non-usable material off-site and away from all federal property in a manner that meets federal, state, and local laws.

H.12 CONTRACTOR EMPLOYEES AND PERSONNEL

• Contractor shall provide CO with the name(s) of the responsible supervisor authorized to act for Contractor.

• Contractor shall furnish enough employees and personnel to perform, supervise and manage all work.

• All employees and personnel performing work, including subcontractors and/or sub-subcontractors if any, shall be fully qualified and experienced in the work to be performed in this contract. When applicable, employees and personnel shall be certified in the necessary work for which being performed by that person. COR may at any time request copies of necessary certifications.

• Contractor employees and personnel shall conduct themselves in a proper, efficient, courteous, and business-like manner.

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• Contractor shall remove from the site any individual whose continued employment with Contractor that CO deems contrary to public interest or inconsistent with the National Park Service’s interest.

• Horseplay, rough housing, and other inappropriate behavior shall not be tolerated.

• Headphones shall be used if music is desired.

H.13 PERMITS AND LICENSES

Contractor shall, without additional expense to the government, obtain all appointments, licenses, and permits required to perform work under this contract. Contractor shall follow federal, state, and local laws. Contractor will provide evidence of all permits and licenses to CO before the work commences and will always display them on the job site.

H.14 WORK QUALITY

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 National Fires Protection Association 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 the Government must approve.

Contractor shall provide daily progress reports of construction activity and emailed on a weekly basis to the CO.

H.15 COMPLETION OF WORK

The time stated for the project’s completion includes all material 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 entitles “Materials and Workmanship”, FAR 52.236-5 (APR 1984), Section I, shall be submitted to CO through 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 in 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 any employees find any archeological remains, they shall immediately suspend operations at the site of discovery; notify Contracting Officer immediately of the findings; and continue operation in other areas deemed suitable for continued operations by the CO. 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 discovery site result in delays, or the discovery site require archeological studies resulting in delays or additional work for the contractor, Contractor may be compensated, in the discretion of the CO, by an equitable adjustment under the General Provision of the Contract.

H.18 DOI AAAP-0050 V2 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (December 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted to record your contract performance as required by

FAR 42.15.

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

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO).

Information in the report must be protected as source selection sensitive information not releasable to the public.

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

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

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

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

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

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

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether it has been closed.

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

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

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

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

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

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

https://www.cpars.gov/

RFP 140P5521R0009 19

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at this https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses.

NUMBER TITLE DATE

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT JUN2020

52.203-7 ANTI-KICKBACK PROCEDURES JUN 2020

52.203-8 CANCELLATION, RECESSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY MAY 2014

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY MAY 2014

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY 2011 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS OCT 2016

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUB-CONTRACTING WITH

CONTRACTOR’S DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT JUN 2020

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS OCT 2018

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS NOV 2015

52.215-2 AUDIT AND RECORDS-NEGOTIATION JUN 2020

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT OCT 1997

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2018

52.219-14 LIMITATIONS ON SUBCONTRACTING MAR 2020

52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION NOV 2020

52.222-3 CONVICT LABOR JUN 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS-OVERTIME COMPENSATION MAY 2018

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018

52.222-7 WITHHOLDING OF FUNDS MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS AUG 2018

52.222-9 APPRENTICES AND TRAINEES JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014

52.222-12 CONTRACT TERMINATION - DEBARMENT MAY 2014

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIRMENTS & 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

RFP 140P5521R0009 20

52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN 2020

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT DEC 2010

52.222-50 COMBATING TRAFFICKING IN PERSONS JAN 2019

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION OCT 2015

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 NOV 2020

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2017

52.223-5 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

52.227-1 AUTHORIZATION AND CONSENT JUN 2020

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT JUN 2020

52.228-1 BID GUARANTEE SEP 1996

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.228-11 INDIVIDUAL SURETY-PLEDGES OF ASSETS FEB 2021

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS MAY 2014

52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014

52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION JUN 2020

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS MAY 2014

52.232-16 ALT 1 PROGRESS PAYMENTS MAR 2000

52.232-17 INTEREST MAY 2014

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

52.232-25 PROMPT PAYMENT JAN 2017

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 CONTRACTORS DEC 2013

52.233-1 DISPUTES MAY 2014

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.236-1 PERFORMANCE OF WORK BY CONTRACTOR APR 1984

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984

52.236-6 SUPERINTENDENCE BY CONTRACTOR APR 1984

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 & POSSESSION BEFORE COMPLETION APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ALT 1 ACCIDENT PREVENTION NOV 1991

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984

52.236-15 SHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.242-13 BANKRUPTCY JUL 1995

52.243-4 CHANGES JUN 2007

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS NOV 2020

52.248-3 VALUE ENGINEERING – CONSTRUCTION OCT 2020

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) APR 2012

52.249-2 ALT 1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) SEP 1996

RFP 140P5521R0009 21

52-249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 1452.215-70 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 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.

(End of clause)

I.3 1432.228-70 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: $1,000,000

2. General Liability: $500,000 each person and $1,000,000 each occurrence

3. Property Damage: $2,000,000

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 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 on the liability insurance policy.

(End of Clause)

I.4 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

(a) Definitions. As used in this clause--

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. Contractor shall abide by the requirements of the equal opportunity clause at 41 C.F.R. § 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans and requires affirmative action by Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

https://www.acquisition.gov/content/221303-applicability#id1617MD05061

RFP 140P5521R0009 22

(End of Clause)

I.5 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(a) Equal opportunity clause. Contractor shall abide by the requirements of the equal opportunity clause at 41 C.F.R. § 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

I.6 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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at this https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses.

I.7 CONTRACTING OFFICER’S REPRESENTATIVE

(a) Contracting Officer (CO) may designate Government personnel to act as CO’s Representative (COR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. CO will provide a written notice of such designation to Contractor in 5 working days after contract award or for construction, not less than five working days before giving Contractor the notice to proceed. The designation letter will state the authorities and limitations of COR under the contract.

(b) CO cannot authorize COR or any other representative to sign documents, such as contracts, contract modifications, etc., that require CO’s signature.

https://www.acquisition.gov/content/221408-contract-clause#i1095976

RFP 140P5521R0009 23

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

List of Documents, Exhibits and Other Attachments

Attachment Number Attachment Title Date

Number of Pages

Cross Reference Materials

Document Version

Statement of Work Includes: Map, Schematic Design, Schedule of Values, Photos, Submittal List, Permit & Special Conditions

December

55 BASE

Construction Wage Determination Charleston County (SC20210023)

001/01/2021 5 BASE

3 Past Performance Questionnaire N/A 3 BASE

RFP 140P5521R0009 24

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

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

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 CO 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 address:

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses.

NUMBER TITLE DATE

52.203-11 CERTIFICATION & DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS SEP 2007

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC 2014 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS REPRESENTATION NOV 2015

52.222-38 COMPLIANCE WITH VETERANS’ EMPLOYMENT REPORTING REQUIREMENTS FEB 2016

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS

RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS JUN 2020

52.236-28 PREPARATION OF PROPOSALS – CONSTRUCTION OCT 1997

K.2 52.203-2 – CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) Offeror certifies that --(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to --

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by Offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless the law requires otherwise; and

(3) No attempt has been made or will be made by Offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in Offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

RFP 140P5521R0009 25

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in Offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in Offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If Offeror deletes or…