Amendment_Attachment_2_0001.docx

National Park Service | Standard Exhibit Planning, Design, and Fabrication Specifications

WAYSIDE EXHIBIT PLAN, DESIGN, AND FABRICATION SERVICES

DE SOTO NATIONAL MEMORIAL

1. PROJECT BACKGROUND

The De Soto National Memorial commemorates the 1539 landing of Hernando de Soto and the first extensive organized exploration by Europeans of what is now the southern United States.

2. GENERAL REQUIREMENTS

The project is for the planning, design, and fabrication of wayside exhibits for DeSoto National Memorial, Bradenton, Florida. The project includes coordination with the Contracting Officer (CO), Contracting Officer’s Representative (COR), and park staff.

The contractor shall provide all services including labor, materials, equipment, facilities, and travel necessary to perform the work in accordance with the specifications as detailed in this contract and its attachments.

2.1 Project Management

The Project Manager shall schedule, coordinate, oversee, and manage work produced under this contract.

The Project Manager shall be the single point of contact between the contractor and the COR. The Project Manager shall be in contact with the COR on no less than a bi-weekly basis.

In addition, the Project Manager shall perform the following work:

2.2 Quality Control

Provide quality control to ensure that all elements of project work meet the requirements of the contract specifications. Provide routine inspections of in-house work and subcontracted work. Ensure that all work not acceptable or compliant with the specifications is corrected prior to inspection or review by the COR.

2.3 Schedule

The contractor shall prepare an overall project schedule including milestone dates for all submittals, fabrication, installation, and submit to the COR for approval. The contractor shall track all work progress to ensure that the project is completed according to the schedule. The contractor shall coordinate and confirm the dates for all work with the COR. The contractor shall notify the COR in advance, in writing when work shall not be completed by the dates in this contract and provide an updated schedule for completion.

2.4 Meetings

The project manager shall be present at all project meetings. The contractor shall coordinate with the COR to schedule the following meetings:

Attendees Duration/Days on site

And as needed

2.5 Submittals

At any point in the planning and design process the COR may require informal submittals of the contractor’s work-in-progress to document the current status and level of production of the project.

Coordinate all contractor and subcontractor submittals and review them for legibility, accuracy, completeness, and compliance with contract requirements prior to submitting to the COR for distribution.

Forward all submittals to the COR for distribution, review, and approval. Receive all reviewed submittals and take appropriate action according to the approval or rejection by the COR.

1. Approved Submittals

Ensure that all changes, revisions, or additions are noted, and shop drawings, shop drawings, and instructions are revised, updated and forwarded to the COR.

1. Rejected Submittals

When submittals are rejected, the COR shall notify the Project Manager, in writing, identifying the reasons for rejection. The Project Manager shall revise and/or correct and resubmit, identifying changes.

2.6. Accessibility

Wayside exhibits planned, designed, and fabricated for the National Park Service (NPS) shall follow the latest published version of Attachment B, Programmatic Accessibility Guidelines. These guidelines are a combination of best practices, NPS and Department of the Interior directives, and federal laws. Federal laws include the Architectural Barriers Act, Sections 504 and 508 of the Rehabilitation Act as amended, and the 21st Century Communications and Video Accessibility Act.

Accessibility requirements for visitors with specific disabilities shall be addressed within the designed exhibits. If design decisions pose particular challenges to accessibility (such as inaccessible location of outdoor exhibit), additional attention shall be paid to a full description of the accessibility solutions. See Attachment B, Programmatic Accessibility Guidelines requirements addressed under specific disabilities.

3. PLANNING, DESIGN AND FABRICATION SERVICES

3.1. General

The contractor shall provide all services including labor, materials, equipment, facilities, and travel necessary to perform the work in accordance with the specifications as detailed in this contract and its attachments. Work shall include planning, design, and fabrication wayside exhibits. See Attachment A, Plan and Design Specifications and Attachment C, Wayside Guide.

3.1.1 Post-award Conference Call

Upon award, the contractor (project manager) shall participate in a project kick-off conference call to review contracting requirements and procedures with the project CO and COR.

3.1.2 Site Visit

The contractor shall travel to DeSoto National Memorial, Bradenton, Florida. The Project Manager, Illustrator, Designer, Planner, and Audio Describer shall attend the meeting, consisting of three (3), 8-hour days.

3.1.3 Miscellaneous Calls

The contractor (project manager) shall participate in up to five (5) one-hour calls to discus comments and reconciliation.

3.2. Design

3.2.1 Wayside Exhibit Proposal – See Attachment D, Sample Wayside Proposal for a sample of a final wayside proposal.

Update and finalize Attachment P, Starter Proposal for 36 wayside exhibits. This count includes Ex #1A, #1B, #1C, #1D, #16A and #16B. Source file will be provided at time of award. Updates shall include all changes discussed during site visit, completing empty fields, and thumbnails for all layouts.

3.2.3 Wayside Plan

See Attachment I, Sample Plan for a sample of a final wayside plan.

From approved final Wayside Exhibit Proposal, create production ready files for 36 wayside exhibits.

3.2.4 Text

Contractor shall create all text following NPS standards found in Attachment J, Typographic Standards and Attachment K, Style Guide.

3.2.5 Graphics

Contractor shall research and purchase up to 40 graphics to include historic and contemporary photography.

3.2.6 Maps

Create the following map according to Attachment G, Wayside Map Standards. See Attachment F, Sample Maps and Access Data:

3.2.6.1 Create one (1) simple flat park orientation map.

Ex #01A – Park map providing orientation for visitors.

3.2.6.2 Create one (1) simple flat map.

Ex #01C – Map to provide orientation to the places Hernando De Soto went and with whom he came in contact with.

3.2.6.3 Create one (1) simple flat trail head map with access data for the following:

Ex #08 - Trail Orientation Map with Safety Messages with multiple You Are Here locations.

3.2.6.4 Create one (1) simple flat map with data depicting Camp Uzita location

Ex #06 - To explain the original village was located a few miles away, this is a reconstructed village of where Hernando DeSoto and his men camped before starting their expedition. Map showing where landing site is located about 10 miles north.

3.2.6.5 Create one (1) simple flat map with data depicting Angola village location

Ex #017 - Similar map to Ex #06, showing where Angola village would have been located.

3.2.7 Create the following sixteen (16) full size and color illustrations. See Attachment R, Illustration References for style.

3.2.7.1 Exhibit #03 - Create new artwork to visualize Native Americans living in Chickee hut around time of DeSoto’s arrival and surrounding area. Life pre-Spanish contact. Activities performed outside and inside of the hut. To discuss centuries of habitation prior to European contact.

3.2.7.2 Exhibit #04 - Create new artwork to depict various Native American tribes that lived in the area (Tocabago and Uzita Village) and continue to be a part of this community. Possible birds-eye view, depicting communities traveling and engaging in commerce.

3.2.7.3 Exhibit #06 - Create new artwork to explain the original village was located a few miles away, and to state that this is a reconstructed village of where Hernando de Soto and his men camped before starting their expedition. Artwork to show life inside this village, blacksmithing, sewing, horses in a corral area.

3.2.7.4 Exhibit #09 - Create new artwork to describe the events leading up to the landing of Hernando DeSoto expedition in 1539. Artwork to show ships in background, arrival of people, horses, pigs and conquistadors on shore, with Native Americans in foreground observing their arrival.

3.2.7.5 Exhibit #10 - Create new artwork depicting moment of capture. Scene to depict Spanish soldiers chasing Native American’s, and the moment Juan Ortiz identifies himself as Spanish.

3.2.7.6 Exhibit #11 - Create new artwork to speak to harsh difficulties of environment. To show the route of the expedition and describe the difficulties of 700-1,000 men traversing through swamps.

3.2.7.7 Exhibit #15 - Create new artwork to depict scene of DeSoto living in the new world, surviving throughout the first winter. Artwork to show encampment scene, conquistadors doing daily activities.

3.2.7.8 Exhibit #16A - Create new artwork to depict a tabby house.

3.2.7.9 Exhibit #17 - Create new artwork to portray how up to 750 slaves created a prosperous community here until 1821. Artwork to portray daily life in Angola settlement village. Also include a small map.

3.2.7.10 Exhibit #18 - Create new artwork to depict the encounter Hernando DeSoto had with Cofitachequi in South Carolina in April of 1540.

3.2.7.11 Exhibit #19 - Create new artwork to depict battle scene, a turning point of DeSoto’s expedition. Scene to portray Native fighting and its consequences, burning villages, etc.

3.2.7.12 Exhibit #20 - Create new artwork to portray meeting of DeSoto and the Chickasaw nation on March 4, 1541. Artwork to show battle scene, Natives attacking DeSoto and men, driving them out into the woods.

3.2.7.13 Exhibit #21 - Create new artwork to depict DeSoto building rafts to voyage the Mississippi, Natives awaiting their arrival on other side.

3.2.7.14 Exhibit #22 - Create new artwork to depict burial ceremony for DeSoto during the night in May of 1542.

3.2.7.15 Exhibit #29 - Create new artwork to portray a midden mound and to interpret how Native Americans would have built up areas where they lived.

3.2.7.16 Exhibit #31 - Create new artwork to interpret Rancheros village/Cuban fisherman camps that were once in the area.

3.7 Create three (3) tactile elements. See Attachment N, Tactile References.

3.7.1 Exhibit #01B - Map of park. Bronze. 28 inches x 24 inches.

3.7.2 Exhibit #01D - Small artifacts such as arrowheads, pottery, etc. Bronze or plastic. 8 inches x 8 inches.

3.7.3 Exhibit #16B - Tabby House Model, Plastic. 12 inches width x 12 inches height x 12 inches depth.

3.8 Audio Description

Create audio description text for all wayside exhibit elements. Audio description content shall describe each wayside element, images/items within the wayside element, tactile elements, all text within the wayside element, and what the sighted visitor sees in the surrounding vistas related to subject being interpreted. Audio description should be developed as described in Attachment Q, Audio Description.

4. FABRICATION

Work shall include fabrication of panels, bases, and tactile elements.

4.1 Fabricate the following double-sided aluminum panels. All panels shall have a 10-year warranty against fading, warping, and delaminating.

· One (1) – 28” x 46”

· One (1) – 56” x 46”

· One (1) – 56” x 24”

· Twenty-Five (25) – 36” x 24”

· One (1) – 42” x 36”

· One (1) – 42” x 24”

· Three (3) – 36” x 48”

4.2 Fabricate the following single-sided aluminum panel. All panel shall have a 10-year warranty against fading, warping, and delaminating.

· One (1) – 38” x 84”

4.3 Fabricate the following painted aluminum bases in accordance with Attachment E, VIS and Wayside Hardware Specification Manual. Paint color shall be NPS Medium Gray. All painted aluminum bases shall have a spatter coat finish. All bases shall have a 10-year warrantee against structural failure. Powder coating is not acceptable.

· Twenty (20) – 36” x 24” Low profile, in-ground with fins.

· Three (3) – 36” x 48” Upright, in-ground with fins.

· Two (2) – 42” x 24” Low profile, in-ground with fins.

· Three (3) – 36” x 24” Low profile, deck-mounted.

· One (1) – Tactile base. Size to be determined by the contractor.

4.4 Fabricate the following tactile/interactive elements with raised letters and Braille as described in Attachment P, Starter Proposal. All tactile elements shall have a 10-year warranty against structural failure. See Attachment N, Tactile references for reference information.

4.1.1 Ex #01B Map of park. Bronze. 28 inches x 24 inches.

4.2.1 Ex #01D Small artifacts such as arrowheads, pottery, etc. Bronze. 8 inches x 8 inches.

4.3.1 Ex #16B Tabby House Model, Bronze. 12 inches width x 12 inches height x 12 inches depth.

5. PACKAGING AND DELIVERY

All deliverables shall be shipped Free On Board (FOB) destination, within consignee’s premises, with all shipping and transportation costs prepaid, unless otherwise specified below. Deliverables shall be shipped by either registered or certified mail to ensure that shipments can be traced, if lost.

5.1 Deliverables Shall Include the Following

5.1.1 Post-award Conference Call, uploaded to TEAMS folder

· Word document of notes

· PDF of draft schedule

5.1.2 Trip Report, uploaded to TEAMS folder

· Word document describing what was discussed at each site noting agreed upon changes to contract, if any

· All raw photography from site visit

· PDF of updated schedule

5.1.3 Wayside Exhibit Proposal, uploaded to TEAMS folder

· PDF of proposal with thumbnails of illustrations and tactile elements.

· PDF of map showing location of all new exhibits to be installed and of all old exhibits to be removed.

· PDF of updated schedule

5.1.4 Final Wayside Exhibit Proposal, uploaded to TEAMS folder

· PDF of proposal with revised thumbnails of illustrations and tactile elements.

· PDF of map showing location of all new exhibits to be installed and of all old exhibits to be removed.

· PDF of updated schedule

5.1.5 Draft Wayside Exhibit Plan, uploaded to TEAMS folder, detailed drawings of illustrations and tactile elements.

· PDF of layouts

· PDF of updated schedule

5.1.6 Wayside Exhibit Plan, uploaded to TEAMS folder, draft color illustrations.

· Reference package for tactile elements

· PDF of layouts

· PDF of updated schedule

5.1.7 Final Wayside Exhibit Plan, uploaded to TEAMS folder, final color illustrations.

· PDF of draft fabrication drawings for hardware and tactile elements.

· PDF of layouts

· PDF of updated schedule

5.1.8 Production-Ready Files

· Two sets of full-size color prints of each wayside exhibit. One set mailed to the COR and one set mailed to the park.

· Two sets of sample materials. Each set shall contain one (1) painted aluminum with splatter coat finish, one (1) aluminum panel, one (1) bronze tactile. All samples shall be larger than 2”x2” but not larger than 10”x10”. One set mailed to the COR and one set mailed to the park. Samples shall be representative of final product to be delivered.

· PDF of fabrication drawings for hardware and tactile elements.

· PDF of updated schedule, emailed to COR.

· Word Document of draft audio description text.

5.1.9 Tactile prototypes mailed to the park.

· One (1) 50% to scale 3D printed map of park.

· One (1) 50% to scale 3D printed artifacts.

· One (1) 25% to scale 3D printed model of tabby house.

5.1.10 Fabricated wayside exhibit elements including panels, bases, tactiles, and two (2) 1/2 pints of NPS Medium Gray touch up paint for the bases mailed to the park.

5.1.11 Close-out package, uploaded to TEAMS folder

· Final InDesign files with linked images and fonts for each layout

· RAW images

· Final production PDF’s for each layout

· Accessible PDF’s for each layout

· Final Audio Description text

· Design/source files for tactiles and maintenance manual for future care

5.2 Deliverable Shall Be Sent to the Following:

5.2.1 Items 5.1.1 through 5.1.8 (only one set of full-size prints for 5.1.8) shall be sent to:

5.2.2 Item 5.1.8 and 5.1.10 (only one set of full-size prints and touch up paint) shall be sent to:

De Soto National Memorial 8300 De Soto Memorial Hwy Bradenton, Florida 34209

6. PERIOD OF PERFORMANCE

All work, including review and approval, shall be completed on or before June 25, 2025.

7. REVIEW AND APPROVAL

Review and approval of the deliverables shall be completed within 21 calendar days. The COR shall notify the Contractor, in writing, of approval or rejection of the work. In the event the government delays comments beyond the period specified, the contractor shall be entitled to a day-to-day extension in the completion date.

8. PAYMENT SCHEDULE

Upon completion and acceptance of the following deliverables, the contractor shall be paid a firm-fixed-price as shown below:

All deliverables shall be reviewed and approved by the COR prior to payment.

9. ATTACHMENTS

The following listed documents are attached and incorporated into this contract.

· Attachment A, Plan and Design Specifications, May 2021, PDF, 16 pages

· Attachment B, Programmatic Accessibility Guidelines, Version 2.4, October 2019, PDF, 92 pages

· Attachment C, Wayside Exhibit Guide, October 2009, PDF, 84 pages

· Attachment D, Sample Wayside Proposal, March 2019, PDF, 70 pages

· Attachment E, Visitor Information Sign System, Revision 3, October 2017, PDF, 186 pages

· Attachment F, Sample Maps and Access Data, August 2022, PDF, 6 pages

· Attachment G, Wayside Map Standards, version 2, 2022, PDF, 8 pages

· Attachment H, File Naming Guide, August 2022, PDF, 15 pages

· Attachment I, Sample Plan, April 2020, PDF, 24 pages

· Attachment J, Typographic Standards, 2022, PDF, 5 pages

· Attachment K, Style Guide, December 2020, PDF, 36 pages

· Attachment L, Color Management Guide, March 2022, PDF 17 pages

· Attachment M, Panel Production, January 2023, PDF 5 pages

· Attachment N, Tactile Reference, May 2023, PDF, 3 pages

· Attachment O, Production Notes, April 2023, PDF, 3 pages

· Attachment P, Starter Proposal, May 2023, PDF, 41 pages

· Attachment Q, Audio Description, October 2020, PDF, 3 pages

· Attachment R, Illustration References, May 2023, PDF, 1 page

10. TRAVEL

In accordance with Public Law 99-234, "Federal Civilian Employee and Contractor Travel Expense Act of 1985", travel-related expenditures for Contractor's personnel are restricted to the limits established for federal employees. This includes mileage for company-owned vehicles.

The contractor shall travel as required to support program tasks. All travel arrangements are to be made by the contractor. Payment for transportation, per diem, mileage, parking, and other fair and reasonable travel expenses will be paid in accordance with the effective Federal Travel Regulations as amended and supplemented by the Department of the Interior travel regulations where applicable. No Federal travel authorizations are to be issued. The contractor shall make every effort to keep travel costs to a minimum. No reimbursement will be made for parking at a contractor's normal place of work. No overhead, profit or G&A shall be allowed on travel costs.

Travel costs shall be reimbursed in accordance with the Federal Travel Regulations. Travel is only funded to the extent specified within the travel CLIN. The contractor shall not incur any travel costs in excess of the amount funded within the travel CLIN. The government shall not be liable for any travel related costs incurred by the contractor which are in excess of the total amount funded within the travel CLIN.

If the contractor has reason to believe they may exceed the amount funded on the travel CLIN, they shall notify the government Contracting Office immediately. Additional funding may only be added to the travel CLIN through a formal signed modification issued by a government Contracting Officer. Profit, fee, G&A or overhead may not be incurred on travel costs.

11. INVOICING

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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

Invoice to be on company letterhead with stated contract number.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

(End of Local Clause)

12. ADDITIONAL WORK

Any additional work not detailed in this contract shall be approved, in writing, by the Contracting Officer via a bilateral modification.

13. LOSS OR DAMAGE

The contractor shall be liable for any loss or damage to any government property caused by negligence, theft, or willful misconduct of the contractor, his agents, servants, and employees, and shall indemnify and save the government harmless against all actions, proceedings, claims, demands, costs, damages, and expenses, including attorney’s fees, by reason of any suit or action brought for any actual or alleged injury to or resulting from the performance of this contract. The contractor shall submit a full written report to the Contracting Officer within 24 hours following the occurrence of such damage, loss, or injury.

If due to fault, neglect, dishonesty of the contractor, his agency or employees, loss or damage to government property is incurred during the performance of this contract, the contractor shall be responsible for same. The government, at its option, may in lieu of repayment, require the contractor to replace at his own expense, all such property as directed by the Contracting Officer. Until the equipment is repaired or replaced, the contractor shall furnish similar, adequate replacement property and/or equipment at no charge to the government, within two business days of the date the equipment has been lost, stolen, or damaged.

14. CONTRACT ADMINISTRATION

A. The National Park Service, Contract Specialist / Contracting Officer address is: National Park Service, Harpers Ferry Center, Office of Acquisition Management, P.O. Box 50, 67 Mather Place, Harpers Ferry, West Virginia 25425-0050.

The contractor shall use the Contracting Officer as a point of contact on all business and administrative matters concerning this contract. All correspondence, other than that of a technical nature, shall be addressed to the Contracting Officer, with information copies of the basic correspondence to the COR.

B. The National Park Service, COR address is: National Park Service, Harpers Ferry Center, Attention: COR, P.O. Box 50, Harpers Ferry, West Virginia 25425-0050.

The contractor shall use the COR as the point of contact for all technical matters under the contract. Technical correspondence shall be addressed to the NPS COR, with an information copy of the basic correspondence to the Contracting Officer.

15. DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

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

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

16. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

NOTICE TO CONTRACTORS

Contractor Performance Assessment Reporting System (December 2015)

evaluation:

(End of Local Clause)

17. KEY PERSONNEL

A. The contractor shall assign to this contract the following key personnel:

1. Project Manager

2. Exhibit Designer

3. Writer

4. Illustrator

5. Audio Describer

6. 3D Designer

B. During the first 90 days of performance, the Contractor shall make no substitution of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer as least 15 days prior to making a permanent substitution.

C. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitution, complete resumes for the proposed substitute, and any additional information requested by the Contracting Officer. The proposed substitute should have comparable qualifications to those of the person being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitution. This clause will be modified to reflect any approved changes of key personnel.

18. FACILITY SECURITY POLICY

Contractors attending meetings or accomplishing work within the buildings or real property of the National Park Service shall adhere to the security policy of each office. It shall be the responsibility of the contractor to contact the office before work begins for a briefing on security policies.

19. CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisiton.gov.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY REFERENCE – CONT.

20. CLAUSES INCORPORATED BY FULL TEXT

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS

SEP 2023

(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 products and commercial services:

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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 (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328 _X (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

_X (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (14) [Reserved] _X_ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

X_ (17) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

__ (18) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (19) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (20) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

_X_ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

_X (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

X (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

_X (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

X (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X (37) 52.222-54, Employment Eligibility Verification (May 2022) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

(42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

X_ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

X_ (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (49) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

__ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (51) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (52) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

_X (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered…