B08_1449_140P2019Q0017.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

DSC

Denver CO 80225-0287 P.O. Box 25287 12795 W. Alameda Pkwy DOI, NPS, DSC Contracting Services

0009060753 CODE 16. ADMINISTERED BYCODE

X

X

113210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORPDS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/22/2019 1500 MT

08/08/2019

303 969 2064Todd Stackhouse (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P2019Q0017

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 54 0040453638OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

LAKEWOOD CO 80228

(Via Courier) 12795 W. ALAMEDA PARK NPS, DSC - Transportation

15. DELIVER TO

Denver CO 80225-0287 P.O. Box 25287 12795 W. Alameda Pkwy

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NPS, DSC Contracting Services Div

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Suggested Buyer/CO: STACKHOUSE, TODD MICHAEL Header Text: MEVE, YELL, YOSE 227352, 226455, 23588, 235876 MEVE native seed Increase for Revegetation of Cliff Palace and Mesa Top Loop Roads, PMIS #227352. YELL native seed increase for Chit tenden Road to Tower Falls, PMIS 226455. YOSE native seed Increase for Glacier Point Road PMIS# 235876 and Tioga Road PMIS #235881. CO: Stackhouse, Todd Michael CS: Carmen Clarke Legacy Doc #: NPS

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Todd Stackhouse

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 09/01/2019 to 08/31/2024

00010 YELL, PMIS 226455

Delivery: 06/30/2024

Period of Performance: 09/01/2019 to 08/30/2024

00020 MEVE 227352

Delivery: 06/30/2024

Period of Performance: 09/01/2019 to 08/30/2024

00030 YOSE, 235881 Tioga

Delivery: 06/30/2024

Period of Performance: 09/01/2019 to 08/30/2024

00040 YOSE, 235876 Glacier

Delivery: 06/30/2024

Period of Performance: 09/01/2019 to 09/01/2024

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

54 2 of

Native Seed Increase SOLICITATION NO. 140P2019Q0017

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 3 of 54

SUPPLIES OR SERVICES AND PRICES/COSTS

This requirement is for one(1) Firm Fixed Price Commercial Items Services Contract for Native Seed Increase and

Delivery for the Mesa Verde, Yellowstone and Yosemite National Parks.

Item no. Item Description Quantity

Unit of

Measure Unit Price Total

0001 Task 1 – Native Seed Increase

0001AA MEVE 3 EA $ $

0001AB YELL 4 EA $ $

0001AC YOSE 4 EA $ $

0002 Task 2 – Annual Summary

Report

0002AA MEVE 3 EA $ $

0002AB YELL 5 EA $ $

0002AC YOSE 4 EA $ $

0003 Task 3 – Seed Shipment

0003AA MEVE 1 EA $ $

0003AB YELL 5 EA $ $

0003AC YOSE 3 EA $ $

TOTAL $

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 4 of 54

STATEMENT OF WORK

Scope of Work

SCOPE: The contractor shall perform work related to seed increase in a high elevation environment (> 6,000’) similar to Mesa Verde National Park (MEVE), Yellowstone (YELL) and Yosemite National Park (YOSE) where the original plant accessions originate. MEVE, YELL, and YOSE genetic sourced seed is needed for utilization in the recovery of disturbed areas as a result of roadside rehabilitation efforts taking place at these parks. The contractor will be requested to perform the following tasks: establishment and harvesting of seed from NPS genetic stocks;

cleaning, testing and storing native seed; and delivery of propagated seed.

CONFIDENTIALITY: The information and genetic seed stock developed and increased under this contract is the property of the U.S. government and shall be kept in strict confidence.

PERFORMANCE PERIOD: See SF1449

PROJECT IDENTIFICATION: The work of this contract shall consist of the services described below for the referenced projects. In this document, the project shall be referred to as Seed Increase to address roadside disturbances at Mesa Verde, Yellowstone, and Yosemite National Parks.

CONTACTS:

The following individuals are to be contacted with any questions, concerns, and issues regarding this work. No other individuals are authorized to make decisions regarding this work during any portion of the work.

Contracting Officer (CO): See SF1449

Contracting Officer’s Representative (COR): See Appointment Letter

I. GENERAL DESCRIPTION OF WORK

Several large transportation rehabilitation and restoration projects are planned throughout the Yosemite

National Park over the upcoming three years for which native seed is required. Including 10.6 miles of Glacier

Point Road to rehabilitate and resurface the roadway beginning at Badger Pass Winter Recreation area continuing to Glacier Point Parking area. Phase II of Tioga road Phase II will rehabilitate and resurface 12.9 miles of the Tioga Road (Route 0017; FMSS# 9855) from mile post 28.3 to mile post 41.2 or 1563+32.47 to

2195+00. Yellowstone National Park is projected to incur disturbance along the six miles of planned road reconstruction work from Chittenden road to Tower Fall, for the reconstruct Tower to Canyon Phase III project. Similarly, transportation rehabilitation is taking place at Mesa Verde National Park on Cliff Palace and

Mesa Top Loop Roads. These efforts will require seed of species native to MEVE, YELL, and YOSE disturbance locations in order to maintain the integrity of the natural landscape, deter non-native species, and provide erosion control to aid in restoration success post disturbance. To establish sources of seed appropriate to MEVE, YELL, and

YOSE environments, it is crucial that the seed increase production environment includes areas of high elevation (>

6,000’) and is overseen by staff familiar with the unique requirements of plant accessions originating from these three parks. NPS will evaluate and approve proposed growing locations based on the aforementioned criteria. This will ensure plant materials adapted to the shorter growing season associated with the high elevation environment from which the collected germplasm originates is produced. The contractor will demonstrate propagation experience and maximize seed production, for the species listed below for the growing seasons 2019 through 2023.

Plant production for MEVE for 2019, 2020, 2021growing season:

Scientific name Field size

Cleome serrulata 0.067 acres

Heterotheca villosa 0.067 acres

Artemisia ludoviciana 50 linear feet

Poa fendleriana 50 linear feet

Leymus salinus 50 linear feet

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 5 of 54

Plants produced for YELL seed increase for 2020, 2021, 2022, 2023 growing season:

Scientific name Field size

Poa secunda 1.0 acres

Pseudoregneria spicata 1.0 acres

Plant production for YOSE for 2019, 2020, 2021, 2022 growing season:

Scientific name Accession Field size

Elymus elymoides Glacier Point 1.0 acres

Elymus glaucus Glacier Point 0.5 acres

Elymus elymoides Tioga Road 1.0 acres

Elymus glaucus Tioga Road 0.5 acres

II. SCOPE OF SERVICES

The contractor will manage these native seed production fields by providing fertilization, irrigation and weed control for the species at optimal time periods, also harvest the seed at maximum maturation time for maximum seed production. The contractor will ensure the prevention of cross-pollination with local varietals of the same or similar species and will provide documentation of prevention methods.

Task 1. Native Seed Increase

For seed production this task will include all labor and materials for seed cleaning, testing and inventorying; field preparation, planting and establishment; field maintenance, harvesting of seed and curation; and final seed cleaning and testing and shipment of seed. Seed storage shall be in a controlled environment for a maximum of 5 years after the final production year. However, conditions due to weather, insect damage, seed viability, and other acts beyond the control of the contractor may result in the contractor not meeting production goals. In this event, contractor and

NPS will meet to adjust the existing contract and negotiate reimbursement for field maintenance costs. Adjustments to the contract will be based on NPS needs and the contractor capabilities to meet these needs given the unexpected contingencies. Task 1 is for the establishment of seed production fields through 2023. The initial production/establishment year for each species may depend on certain biological and environmental factors. Actual initiation of the period of performance may affect timing of planting and production. Planting times may be adjusted by the grower in consultation and with approval from the COR; however total production years (including the establishment year) must equal to three for MEVE, four for YELL, and four for YOSE, beginning with the first year of production/establishment.

Task 2. Annual Summary Report: The contractor will provide a brief annual summary report (2 page maximum with two photos) summarizing the production and seed test results of all species for this project and send a copy to the COR by March 15th.

MEVE: One report per year provided March of 2020, 2021, and 2022.

YELL: One report per year provided March of 2020, 2021, 2022, 2023, 2024.

YOSE: One report per year provided March of 2020, 2021, 2022, 2023.

Task 3. Seed Shipment: Seed will be shipped to MEVE, YELL, and YOSE upon request by the park, anytime after

10 weeks post harvesting (to allow time for seed cleaning, processing, and testing), as agreed upon by the COR and contractor.

MEVE: Shipment 2021

YELL: Shipment 2020, 2021, 2022, 2023, 2024

YOSE: Shipment 2020, 2021, 2022, 2023

III. QUALITY STANDARDS

Quality Standard shall be in accordance with, commercial practices and as described in this statement of work. All work within this Scope of Work shall adhere to IV. Quality Standards outlined below. If discrepancies exist the

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 6 of 54 more stringent standards shall apply. All seed, plants and other propagules resulting from this agreement are from

Mesa Verde, Yellowstone and Yosemite National Park germplasm and therefore property of these respective

National Parks. As projects are completed and materials are no longer needed, all existing seed, plants or other propagules will be provided to Mesa Verde, Yellowstone, and Yosemite National Park or destroyed as mutually agreed upon.

Inspections: All seed increase fields shall be inspected annually by a representative of the states’ Association of

Official Seed Certifying Agencies (AOSCA). Inspections, land requirements, and isolation distances shall be based upon Foundation Certification Standards (AOSCA ©2012, Effective July 2011).

Limitations of Generations: The grower agrees to grow G0 seed stock for increase and provide MEVE, YELL and

YOSE G1 seed stock. No further generations are allowable unless prior approved by the National Park Service

COR and the park technical representative.

Volunteer plants: Every reasonable effort must be made to control volunteer plants (arising from seed or vegetative remnants). The grower shall identify all non-target species growing in the fields and provide this written information to the COR annually along with the certification inspection report from the AOSCA representative. Fields may be inspected by COR, without notice. Failure to control volunteer plants may be cause of rejection by CO.

Harvest: Identity and purity of seed must be maintained at all times during harvest. Equipment and facilities used for transporting, handling, and storing of seed may be inspected by COR.

Seed Storage

Seed shall not be allowed to become wet after harvest. Seed shall be stored in a building, shed or warehouse that allows air circulation and is protected from rain, moisture, temperature extremes and rodents or other conditions that would reduce the viability of the seed.

Seed Standards: The following minimum standards will apply to all seed increased for MEVE, YELL, and YOSE.

1. Other Crop Seeds maximum 0.2%

2. Weed Seeds maximum 0.1%

3. Noxious weed seed 0%

4. No “off type” brome seed

Substandard Seed: Seed that fails to meet the requirements may not be accepted by NPS. Contractor shall provide, in writing, the reasons for substandard seed. The CO will determine if reasons are beyond the control of the grower.

If the reasons are determined to be beyond the control of the grower, a mutually agreed upon strategy to complete this contract will be sought, which may result in a modification of this contract.

Seed Shipment: Seed shall be shipped in a manner that will prevent damage to the seed and arrive expeditiously at the park. The Contractor shall provide notification to the COR 1 week before the seed is shipped, and shall provide the tracking number of the package by email the day the seed is shipped.

Seed Delivery: All seed delivered shall conform to all laws and regulations pertaining to the shipment of seed required by the Federal Seed Act and the Seed laws pertaining to the representative state, Colorado (MEVE), Wyoming and Montana (YELL), and California (YOSE). Submit original seed test analysis and copy of the seed tags by lot number to the park Technical Contact and COR. Seed is to remain dry and unmixed upon delivery.

Acceptance and Reporting: Acceptance will be determined by meeting all application, inspection and seed quality standards required by this statement of work.

Submittals: Both AOSCA and state certifying agencies require application for certification, regular field inspections, and seed analysis and testing. The Contractor shall provide emailed copies of the following pertinent to MEVE, YELL, and YOSE to the COR within one week upon receipt:

1. All field inspection reports.

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 7 of 54

2. Original seed analysis reports by lot number.

3. Copies of all seed tags and lot number information.

Percent and species of other crop seed

Percent and species of weed seed

Origin

0% noxious weed seed

No “off type” brome seed

4. Annual summary report with two photos

IV. SCHEDULE

Native seed shall be produced, cleaned, tested and shipped within the time frame of this contract, noted in section I., unless other delivery dates are agreed upon by both NPS and the contractor. Delayed production, cleaning, and shipment due to environmental factors, timing of planting, and naturally-caused occurrences will be agreed upon by the grower and COR.

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 8 of 54

PACKAGING AND MARKING

(End of Packaging and Marking)

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 9 of 54

INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

(End of Inspection and Acceptance)

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 10 of 54

DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award through five years.

F.2.0 PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

The following clause is incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

(End of Deliveries or Performance)

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 11 of 54

CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice

Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable

Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions –

Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Invoice billed according to contract line items and rates.

2. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

3. If final payment is billed, the last invoice shall state “FINAL”.

4. Contractor’s Release of Claims shall be submitted with the final invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions 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 Officer with its proposal or quotation.

(End of Local Clause)

(End of Contract Administration Data) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 12 of 54

SPECIAL CONTRACT REQUIREMENTS

1.0 WORK HOURS

Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.

2.0 ENVIRONMENTAL INTERRUPTION OF WORK

2.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

3.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

3.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

3.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the

Contracting Officer immediately in writing giving the location and nature of the findings.

3.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract

Clauses Section of this contract.

3.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

4.0 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13

October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control

Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);

the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control

Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16

U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the

Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the

United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the

Government for all such liability.

5.0 HAZARDOUS MATERIALS

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Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

6.0 GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

USDA Biobased product listings published at www.biopreferred.gov.

Energy Star® product listings published at www.energystar.gov/products.

FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories

Contractor shall comply with all reporting requirements stated in the applicable clause(s):

52.223-1 Biobased Product Certification

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

52.223-4 Recovered Material Certification

52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

52.223-15 Energy Efficiency in Energy Consuming Products

52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts

7.0 RESTORATION OF RESOURCES

7.1 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area.

Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.

7.2 Site and Access Roads – Site and public or private access roads damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the Contractor.

8.0 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories http://energy.gov/eere/femp/covered-product-categories

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 14 of 54

(End of clause)

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 15 of 54

CONTRACT CLAUSES

The following provision is incorporated by reference:

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2016

52.209-2 PROHIBITION ON CONTRCTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

DEC 2013

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or

52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

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(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any

United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the

Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41

U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in

(i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the

Secretary until the amount is paid.

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(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 19 of 54 work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly

American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

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(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data.

To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting

Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the

Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR

Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.

Information provided to the Contractor’s SAM record that indicates payments, including those made by

EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal https://www.acquisition.gov/

Mesa Verde (227352), Yellowstone (226455), and Yosemite National Park (235881 & 235876) Page 21 of 54 instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub.

L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved].

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