Sol_140P3021R0011_Amd_0001.pdf

(x)

140P3021R0011 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

PCR

Washington DC 20242-0001 1100 Ohio Drive SW Contracting Anne Acquisition Management Division NPS, NCR - Regional Contracting

254939A/B06/22/20210001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

06/22/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of solicitation 140P3021R0011 amendment 1 is to do the following:

A. Include item specifications. See attachment 6.

B. Provide the answers to the received questions. See attachment 7.

C. Include the revised combined drawings. See attachment 8.

D. Revise section B base and option items of the solicitation based on the questions and answers.

All other terms and conditions under this solicitation remain unchanged.

Legacy Doc #: NPS

Period of Performance: 09/01/2021 to 08/30/2022

POC Information

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Brian McCabe

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 61

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P3021R0011/0001

Contracting Officer Representative is Brian Hixon at Brian_Hixon@nps.gov or 301-491-6178

Contract Specialist is Craig Madison at

Craig_Madison@nps.gov or 202-913-3810

Contracting Officer is Brian McCabe at

Brian_McCabe@nps.gov or 202-339-7772

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

Sponsored by GSA

FAR (48 CFR) 53.110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

Amendment 1 - 140P3021R0011

PAGE OF

3 | 61

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule A Solicitation/Contract Form 1 B Supplies/Services and Prices 4 C Descriptions/Specifications/Statement of Work 6 D Packaging and Marking 17 E Inspection and Acceptance 18 F Deliveries or Performance 19 G Contract Administration Data 20 H Special Contract Requirements 26

PART II – Contract Clauses I Contract Clauses 28

PART III – List of Documents, Exhibits, and Other Attachments J List of Attachments 35

PART IV – Representations and Instructions K Representations, Certifications, and Other Statements of Offerors 36 L Instructions, Conditions, and Notices to Offerors 44 M Evaluation Factors for Award 58

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PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

FY21 C & O Canal National Historical Park Towpath Resurfacing

NOTICE TO OFFEROR(S)

Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

BASE

LINE

ITEM

DESCRIPTION QUANTITY UNIT RATE AMOUNT

10 Mobilization/Demobilization 1 L.S.

20 Resurfacing Existing Towpath Detail #6 (8' wide with 3" base course) MP# 77-81, 84.4 - 85.4

26,400* S.Y.

30 MP# 81-82 Towpath Detail #5 6,453* S.Y.

40 MP# 72.8-77, MP# 82 - 84.4, 85.4 - 86.9

Towpath Detail #4 42,768* S.Y.

50 Sub-Base Repair 1,410* Tons 60 Maintenance and Protection of Traffic

(Pedestrian, Equestrian and Vehicular) 1 L.S.

70 Seeding 1 L.S.

80 Erosion and Sediment Control Barrier

1,500* L.F.

TOTAL

CONTRACTOR MARKUPS

SUBCONTRACTOR OVERHEAD %

SUBTOTAL

SUBCONTRACTOR PROFIT %

SUBTOTAL

SUBCONTRACTOR BOND %

SUBCONTRACTOR TOTAL

CONTRACTOR OVERHEAD %

SUBTOTAL

CONTRACTOR PROFIT %

SUBTOTAL

CONTRACTOR BOND %

CONTRACTOR BASE TOTAL

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OPTION 1

LINE ITEM DESCRIPTION QUANTITY UNIT RATE AMOUNT

10 Mobilization/Demobilization 1 L.S.

20 Maintenance and Protection of Traffic

(Pedestrian, Equestrian and Vehicular) 1 L.S.

30 Erosion and Sediment Control Barrier 500* L.F.

40 Resurface Existing Towpath, Detail #3 10' width, 2" Depth (MP# 119 - 122.6) 23,232* S.Y.

TOTAL

CONTRACTOR MARKUPS

SUBCONTRACTOR OVERHEAD %

SUBTOTAL

SUBCONTRACTOR PROFIT %

SUBTOTAL

SUBCONTRACTOR BOND %

SUBCONTRACTOR TOTAL

CONTRACTOR OVERHEAD %

SUBTOTAL

CONTRACTOR PROFIT %

SUBTOTAL

CONTRACTOR BOND %

CONTRACTOR OPTION TOTAL

Total Base and Optional Items $

FAR 36.204 Disclosure of the magnitude of construction projects: Between $1,000,000 and $5,000,000.

*These are estimated quantities for estimation purposes only and are subject to field verification and any increases/decreases in these lines are subject to the proposed unit costs included in the award.

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SECTION C – DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C.0 BACKGROUND

C.0.1 NATIONAL PARK SERVICE

The National Park Service (NPS) is a bureau of the U.S. Department of the Interior (DOI) that has been entrusted with the care of our national parks since 1916. The NPS preserves unimpaired natural and cultural resources, and values of the National Park System for the enjoyment, education, and inspiration of this and future generations. The NPS cooperates with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation throughout this country and the world.

The NPS - National Capital Area (NCA) supports natural wonders to man-made marvels in Virginia, West Virginia, Maryland, and the District of Columbia. The NCA parks include: Antietam National Battlefield, Catoctin Mountain Park, Chesapeake & Ohio Canal National Historical Park, George Washington Memorial Parkway, Harpers Ferry National Historical Park, Manassas National Battlefield Park, Monocacy National Battlefield, National Capital Parks - East, National Mall and Memorial Parks, Potomac Heritage National Scenic Trail, President’s Park, Prince William Forest Park, Rock Creek Park, and Wolf Trap National Park for the Performing Arts.

Preserving America's early transportation history, the C&O Canal began as a 184.5 mile dream of passage to Western wealth. Operating for nearly 100 years the canal was a lifeline for communities along the Potomac River as coal, lumber, and agricultural products floated down the waterway to market. Today it endures as a pathway for discovering historical, natural, and recreational treasures.

C.1 PURPOSE

The DOI – NPS - NCA – has a requirement to resurface the Chesapeake & Ohio Canal National Historical Park towpath from milepost 72.80 to 86.90 and an optional section from milepost 118.00 to 122.60.

C.2 SCOPE OF WORK

The contractor shall provide for all labor, materials, supplies, equipment, supplies, transportation, supervision, ancillary services, and all other necessary items for complete and usable projects, performing all work in complete compliance with this Scope of Work, plans, drawings, and specifications issued or directed through this solicitation and award.

Work consists of the general grading, repair and resurfacing of approximately 14.10 miles of historic towpath by:

Placing, compacting, and grading granular stone.

Repair minor erosion damage on the towpath shoulders.

Repair ingress and egress locations of work areas.

Option 1 work consists of applying two inches, 2” of AASHTO#10 limestone to approximately four miles of existing towpath over a previously completed section of towpath that has the grading and base material completed.

C.3 SPECIAL PROJECT SPECIFICATIONS

All work shall performed in accordance with the special project specifications (Attachment 1) and the Drawings (Attachment 2); as well as, conform to the specifications in the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, U.S. Customary Units” publication FP-14, 2014 Edition. This publication may be

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C.4 CONTRACTOR AND PRODUCT ADDITIONAL REQUIREMENTS

The contractor is responsible for adherence to all Occupational Safety and Health Administration (OSHA) Regulation, specifically 29 CFR 1910 - General Industry and 29 CFR 1926 – Construction and applicable State of Maryland Regulations.

Contractor shall be responsible for obtaining all required permits (if applicable) and scheduling all applicable inspections. All inspections must be signed off and completed prior to receipt of final payment. All applicable submittals required, which may include warranty, production information, operation, and maintenance documentation, etc. as defined throughout various sections of Special Project Specifications must be provided to COR and CO prior to submission of final invoice. Invoice will be rejected until are required documentation is submitted. Please refer to each Section C.6 for required submittals.

All trash and debris removal must be in accordance with local, state, and federal regulations.

All materials are to be installed per the attached specifications and drawings.

Contractor must have adequate liability insurance and proper license(s) to perform all work stated herein.

Contractor shall warranty the work to include material and labor work for one year from the date of completion.

All work and deliveries shall be limited to the weekday hours of 0700 to 1630, unless otherwise approved by NPS. No work shall occur on Federal holidays or weekends without prior approval.

Contractor shall develop and submit a Site-Specific Safety Plan for NPS’s review prior to the work. No work shall proceed until the Contractor’s Safety Plan has been approved and/reviewed by NPS’s Safety Officer.

Contractor’s Safety Plan shall contain site specific chapters on all aspects of the work.

Contractor shall protect existing surfaces outside this scope of work. to remain. After the completion of the work, Contractor shall remove the protection. Contractor shall review the areas of work and report any elements which are visually broken and/or damaged and requiring repair prior to the commencement of the work activities.

Contractor shall be held responsible for damages caused by their workers.

Contractor shall submit for NPS approval a “Preliminary Project Schedule” and a “Schedule of Values”. The Master project schedule shall be submitted prior to notice to proceed, within 9 months of Notice to Proceed, and shall be prepared and updated according to the contract specifications.

Contractor shall attend Weekly Progress Meetings at the project site. Contractor shall prepare and distribute Minutes of the Meetings to all attendees. NPS, Building Management, and Contractor representatives shall attend the meetings in-person or by phone. The purpose of the meetings will be to discuss the weekly progress and coordination of the project. Meetings shall be held on a date and time mutually convenient to most participants.

The first meeting shall occur two weeks prior to the start of work.

Archeological resources discovered at the project site will be reported to NPS immediately and work will be stopped until NPS provides the go-ahead.

Staging, construction equipment and material storage is limited to NPS designated areas. All staging areas shall https://flh.fhwa.dot.gov/resources/specs/

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Contractor shall submit progress photographs in digital format on a weekly basis, capturing the progress of the work, along with daily reports.

Contractor shall store and protect materials according to industry standards.

Contractor shall clean the project site prior to turnover.

Contractor shall perform all work according to industry best practices and standards. Contractor shall remove and replace any improperly installed work, at the Contractor’s own expense.

Contractor shall notify the NPS Contracting Officer and COR of any unforeseen site conditions, which may incur a change order modification.

C.5 GENERAL PLACE OF PERFORMANCE AND HOURS OF OPERATION

The towpath is in the Chesapeake and Ohio Canal National Historical Park in Maryland near Shepherdstown, WV.

Normal operational hours are approximately from 0700 am to 1630 Eastern Time, Monday through Friday, except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor will not be reimbursed when the government facility is closed for the above reasons unless emergency services are requested. Any work performance outside of this schedule requires written approval from the COR. Requests for variations shall be submitted at least three (3) business days before the desired work date.

No work shall occur on the following Federal Holidays:

New Year’s Day – January 1st

Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – Last Monday in May Independence Day – July 4th

Labor Day – First Monday in September Columbus Day – Second Monday in October Veteran’s Day – November 11th

Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

C.6 LIST OF REQUIRED SUBMITTALS

The required submittals shall include, but are not limited to, the following:

Description Submittal Type

Plan Sheet Reference

Specification Reference

Bonds Documentation N/A N/A Liability Insurance Documentation N/A N/A List of Subcontractors Documentation N/A N/A SF 1413 (for each sub) Documentation N/A N/A Project Sup. Designation Documentation N/A N/A

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Construction Schedule Documentation N/A Section 013230, 1.2.B

Schedule of Values Documentation N/A Section 013230, 1.2.D

Safety Plan Written Plan N/A Section 013600 Quality Control Plan Written Plan N/A Section 014300 Storm Water Pollution Prevention Plan

Written Plan N/A Section 015723

Waste Management Plan Written Plan N/A N/A Historic Pres. Treatment Plan

Written Plan NA NA

Hazardous Materials and Spill Plan

Written Plan N/A N/A

Measurement Notes Documentation N/A N/A Product Submittals Documentation Section 013300, 1.3.B As-Built drawings Drawings N/A Section 017700, 3.3

C.7 SITE MANAGEMENT

Maintain walkways, driveways, roads, parking, and project site to be free of all construction debris, equipment and materials on a daily basis. Always maintain site free of hazards. Occupancy access shall be negotiated on a project specific basis. Maintain the level of access provided to the facility through the project duration if tenant occupancy is retained. Safety equipment, fencing and barriers shall be installed per safety plan. Erosion control and sedimentation structures shall be constructed in according with EPA standards as needed. All historical and/or archeological issues shall be addressed as needed.

C.8 RECYCLING AND DISPOSAL OF REFUSE

With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government; all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor (excluding native vegetative and soil debris) and shall be recycled and/or disposed of. All disposals shall be in accordance with federal, state, and local laws and regulations. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.

C.9 SAFETY

During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 – Safety and Health Regulations for Construction or the US Army Corps of Engineers “Safety and Health Requirements” Manual No. 385-1-1 dated November 30, 2014 (free online -https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/ ) whichever is more stringent.

Additional safety requirements are contained in Section H of the solicitation. Smoking will not be permitted in any building or structure.

C.10 FIRE CONTROL

https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/

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(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the NPS, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

1. Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

2. Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site when all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the NPS when unusually hazardous conditions exist.

3. Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

C.11 TEMPORARY FACILITIES

(a) STAGING AREA: The contractor shall arrange the location for exterior stockpiling of materials (i.e. storage) with COR/POC, and contractor must be present when any materials are delivered to ensure proper placement in directed location. The Government will provide adequate staging area as close to the construction site as practicable.

The Government will NOT provide any secured storage/staging areas for the contractor. The contractor shall be responsible for protecting materials stockpiled against adverse weather, damage, theft, and other risks of loss. The Government assumes no responsibility for material or equipment left in the storage area.

(b) SANITARY FACILITIES: Toilet facilities will not be provided by the Government.

(c) WATER, AND ELECTRICITY: Water and 120V electricity may be available at no cost to the Contractor, depending on the location. Should water and electricity not be readily available, the contractor shall provide these services as needed to perform the required work.

(d) TELEPHONE: The Contractor may elect to hook-up commercial phone services using the local telephone service provider, at no cost to the Government. Cell phone or wireless access may or may not be available at the construction site.

C.12 LANDSCAPE PRESERVATION

(a) The contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits.

Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

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(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

C.13 NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds into work areas, contractor shall be required to use weed-free equipment.

The contractor will be required to clean all construction equipment prior to entry to NPS land. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only construction equipment so cleaned and inspected by the NPS will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in. "Construction equipment" does not include pickup trucks and personal vehicles, but does include motorcycles.

C.14 EXISTING UTILITIES

The contractor shall field verify all utility locations before digging or trenching. This shall include but not be limited to the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services, and by potholing. The contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

C.15 CONSTRUCTION SCHEDULE/VALUES

Within fourteen (14) week after approval or award of contract and/or other time as agreed to, the contractor shall prepare a construction schedule of activities indicating labor, materials and activity proposed for each day. A schedule of values linking the payment items to the Construction Schedule shall be prepared for each task. This spreadsheet shall describe multiple activities being proposed from start to finish of the project and show construction work completion in %.

The construction schedule shall define the overall time required to perform the identified work. This time schedule shall determine the overall level of effort by discipline for the task. Each major task, including beginning time and ending time, shall be identified within the schedule. Notify the Contracting Officer whenever there are significant departures from the approved Construction Schedule. Submit any requests to modify the Construction Schedule, in writing to the Contracting Officer with an explanation for the deviation.

C.16 HAZARDOUS MATERIAL IDENTIFICATION

Submit Material Safety Data Sheets (MSDS) for any materials defined as hazardous under the most current revision of Federal Standard 313. Two (2) copies of each MSDS shall be submitted to the COR/POC no later than the delivery date of the product.

C.17 PROJECT MANAGER

It shall be the responsibility of the contractor to provide a responsible project manager to represent the contractor in all matters pertaining to work under this contract. The project manager shall have the responsibility of overall supervision, quality control, cost estimating and be responsible for the management of all ongoing work. They shall be available in person, by telephone, or radio to respond to any and all problems during normal working hours.

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The contractor shall provide a detailed resume of project manager for review and approval by the Contracting Officer Representative. If during the term of this contract, the contractor changes or replaces the project manager, approval by the Contracting Officer Representative is required.

C.18 SITE SUPERINTENDENT

It shall be the responsibility of the contractor to provide a responsible site superintendent to represent the contractor in the field in all matters pertaining under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent may also be designated the project manager. They shall be available on site in person, by telephone, or radio to respond to any and all problems during normal working hours.

It is expected that this individual will be available on site for at least three (3) hours per workday. The site superintendent shall be responsible for on-site Quality Control and shall sign all contract submittal transmittal sheets. Site superintendent shall maintain on site a file containing the following project documents when applicable.

Executed Task Order (Task Order Request, Price Proposal) Contract Drawings Contract Specifications Quality Control Plan – (up to date) As-Built Drawing – (up to date) if required Task Orders Modifications

This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent. The Contracting Officer shall be invited to participate in the review.

C.19 BIOBASED AND SUSTAINABLE PRODUCTS

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that m a y b e required in performance of this construction contract:

2-Cycle Engine Oils – 34% Minimum BioBased Content Concrete and Asphalt Cleaners – 70% Minimum BioBased Content Concrete and Asphalt Release Fluids – 87% Minimum BioBased Content Corrosion Preventatives – 53% Minimum BioBased Content Diesel Fuel Additives – 90% Minimum BioBased Content Dust Suppressants – 85% Minimum BioBased Content Erosion Control Materials – 77% Minimum BioBased Content Fertilizers – 71% Minimum BioBased Content

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Fuel Conditioners – 64% Minimum BioBased Content Gasoline Fuel Additives – 92% Minimum BioBased Content Graffiti and Grease Removers – 34% Minimum BioBased Content Greases – Truck – 71% Minimum BioBased Content Inks – Sheetfed (Black) – 49% Minimum BioBased Content Inks – Sheetfed (Color) – 67% Minimum BioBased Content Metalworking Fluids – General Purpose Soluble, Semi-Synthetic, and Synthetic Oils – 57% Minimum

BioBased Content Mobile Equipment Hydraulic Fluids – 44% Minimum BioBased Content Mulch and Compost Materials – 95% Minimum BioBased Content Multipurpose Lubricants – 88% Minimum BioBased Content Pneumatic Equipment Lubricants – 67% Minimum Biobased Content

For more information regarding the Department of Agriculture Biobased Program go to:

http://www.biopreferred.gov.

C.20 DEFINITIONS (Not included in Federal Acquisition Regulations)

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

2-Cycle Engine Oils - Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear.

Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

Contract Pay Item - A pay item designated on the bid schedule and described by a specification.

Concrete and Asphalt Cleaners - Chemicals used in concrete etching as well as to remove petroleum-based soils, lubricants, paints, mastics, organic soils, rust, and dirt from concrete, asphalt, stone and other hard porous surfaces.

Products within this item include only those marketed for use in commercial or residential construction or industrial applications

Concrete and Asphalt Release Fluids - Products that are designed to provide a lubricating barrier between the composite surface materials (e.g., concrete or asphalt) and the container (e.g., wood or metal forms, truck beds, roller surfaces).

Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of hitheyr authority.

Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.

http://www.biopreferred.gov./

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Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

Corrosion Preventatives – Products designed to prevent the deterioration (corrosion) of metals.

Diesel Fuel Additives - (1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use. (2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20).

Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

Dust Suppressants - Products formulated to reduce or eliminate the spread of dust associated with gravel roads, dirt parking lots, or similar sources of dust, including products used in equivalent indoor applications.

Erosion Control Materials - Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth.

Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

Fertilizers - Products formulated or processed to provide nutrients for plant growth and/or beneficial bacteria to convert nutrients into plant usable forms. Biobased fertilizers, which are likely to consist mostly of biobased components, may include both biobased and chemical components. See www.bioperferred.gov for more specific information.

Fuel Conditioners - Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system.

Gasoline Fuel Additives - Chemical agents added to gasoline to increase octane levels, improve lubricity, and provide engine cleaning properties to gasoline-fired engines.

Graffiti and Grease Removers - Industrial solvent products formulated to remove automotive, industrial, or kitchen soils and oils, including grease, paint, and other coatings, from hard surfaces.

Greases – Truck - Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots.

Inks – Sheetfed (Black) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Black inks used on coated and uncoated paper, paperboard, some plastic, and foil to print in black on annual reports, brochures, labels, and similar materials.

Inks – Sheetfed (Color) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Pigmented inks (other than black inks) used on coated and uncoated paper, paperboard, some plastic, and foil to print in color on annual reports, brochures, labels, and similar materials.

http://www.bioperferred.gov/

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Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

Materials - Any substances for use in the construction of the project and its appurtenances.

Metalworking Fluids – General Purpose Soluble, Semi-Synthetic, and Synthetic Oils - Fluids that are designed to provide cooling, lubrication, corrosion prevention, and reduced wear on the contact parts of machinery used for metalworking operations such as cutting, drilling, grinding, machining, and tapping. Metalworking fluids formulated for use in a re-circulating fluid system to provide cooling, lubrication, and corrosion prevention when applied to metal feedstock during normal grinding and machining operations.

Mobile Equipment Hydraulic Fluids - Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes.

Mulch and Compost Materials - Products designed to provide a protective covering placed over the soil, primarily to keep down weeds and to improve the appearance of landscaping. Compost is the aerobically decomposed remnants of organic materials used in gardening and agriculture as a soil amendment, and commercially by the landscaping and container nursery industries.

Multipurpose Lubricants - Products designed to provide lubrication under a variety of conditions and in a variety of industrial settings to prevent friction or rust. Greases, which are lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners, are not included in this item. In addition, task-specific lubricants, such as chain and cable lubricants and gear lubricants, are not included in this item.

Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

Pneumatic Equipment Lubricants – Lubricants designed specifically for pneumatic equipment, including air compressors, vacuum pumps, in-line lubricators, rock drills, jackhammers, etc.

Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.

Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

Standard Specifications - Specifications established for Region wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

Utility Services - Are services such as electricity, gas, steam, water and sewage.

Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

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C.21 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

A. Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to amend, modify, or deviate from the contract. Other responsibilities may be delegated to authorized representatives.

B. Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR include, but are not limited to;

(1) Determining the compliance and adequacy of performance by the Contractor in accordance with the terms and conditions of this contract;

(2) Requesting removal of unsuitable contractor employees;

(3) Ensuring adequacy of schedule and Quality Control Plan, including changes;

(4) Ordering re-performance of unacceptable work or performance by other mean, etc.

C. Point-of-Contact (POC): The POC will be used if an official certified COR cannot be designated at the time of award. The POC will not be designated in writing and will assist the CO in the day-to-day on-site administration of the contract requirements.

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SECTION D—PACKAGING AND MARKING

{For this Contract, there are NO clauses in this Section}

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SECTION E—INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Part 52 - Solicitation Provisions and Contract Clauses | Acquisition.GOV

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction. (APR 1996) 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements (AUG 1996)

FULL-TEXT CLAUSES

Not Applicable https://www.acquisition.gov/far/part-52

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SECTION F—DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work. (APR 1984)

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) -

ALTERNATE I (APR 1984)

The Contractor shall be required to:

(a) Commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than ninety (90) days from Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

The completion date may be extended by the number of calendar days after the date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

(End of clause)

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SECTION G—CONTRACT ADMINISTRATION DATA

POST AWARD CONFERENCE

A post award conference with the successful offeror will be scheduled if required by the Contracting Officer and/or Contracting Officers Representative. It will be scheduled as soon as possible after the date of the contract award. All dates and locations of the conference will be mutually agreed upon, and may be held via teleconference or onsite.

G.1 PRE-WORK MEETING

Prior to commencement of work, the CO or COR and/or POC will arrange a meeting with the contractor to discuss the contract terms and work performance requirements. A work progress schedule will be developed at this meeting.

G.2 DESIGNATION OF CONTRACTING OFFICERS REPRESENTATIVE (COR) AND/OR POINT-OF-

CONTACT (POC)

A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award of the contract in accordance with DIAR 1452.201-70 Authorities and Delegations (SEP 2011). The name will be designated on a letter or form.

B. The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

D. On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer.

Whenever, in the opinion of the Contractor, the COR’s requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative. If the COR persists and there still exists a disagreement as to proper contractual coverage, the CO should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

E. The COR's major duties and responsibilities are contained in the NPS Handbook of Contract Administration. The COR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

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7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

15. Issue any direction that would result in a possible change to contract requirements.

F. The POC will be used if an official certified COR cannot be designated at the time of award. The POC will not be designated in writing and will assist the CO in the day-to-day on-site administration of the contract requirements and/or performance.

The POC is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the CO prior to completion of the contract.

The CO should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the OCO provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the CO.

Whenever, in the opinion of the Contractor, the POC requests effort outside the scope of the contract, the Contractor should so advise the CO. If the POC persists and there still exists a disagreement as to proper contractual coverage, the CO should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

The POC has limited authority under this contract and responsibilities may include, but are not limited to:

1. Determining the compliance and adequacy of performance by the Contractor in accordance with the terms and conditions of this contract;

2. Requesting removal of unsuitable contractor employees;

3. Ensuring adequacy of schedule and Quality Control Plan, including changes;

4. Ordering re-performance of unacceptable work or performance by other means, etc.

5. Approval or invoices and submitted reports

6. Requesting any of the work contained within specific Task Order’s

G.3 ADMINISTRATIVE CONTRACTING OFFICE

NPS, NCR - Regional Contracting Acquisition Management Division 1100 Ohio Drive SW Contracting Annex Washington DC 20242-0001

G.4 SYSTEM FOR AWARD MANAGEMENT (SAM)

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The General Service Administration (GSA) Office of Governmentwide Policy is consolidating the governmentwide acquisition and award support systems into one new system – the System for Award Management (SAM).