140P4226Q0022_Clauses_and_Provisions_Corrected_0001.docx

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140P4226Q0022

PAGE OF

RSECTION A - TABLE OF CONTENTS

PART I – The Schedule

PART II – Contract Clauses

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

PART IV – Representations and Instructions

SECTION B - SCHEDULE OF SERVICES

ITEM NO.

SCHEDULE OF SERVICES

QTY

UNIT OF MEASURE

UNIT PRICE

TOTAL

Base Items

Optional Item

NOTE: This acquisition utilizes Revolutionary FAR Updates (RFO) FAR 12 Acquisition of Commercial Products and Commercial Services – Specifically RFO FAR 12.201-1 – Simplified Procedures.

The contract includes the FAR Clause 52.217-8 – Option to Extend Services for up to six (6) months. If the Government elects to exercise FAR 52.217-8 – Option to Extend Services after the base period, the contractor is hereby notified that the Government will require continued performance of any services within the limits and at the unit prices specified in the Schedule of Services above, unless any of the unit prices require adjustment per revisions to the prevailing labor rates provided by the Secretary of Labor. The prices under this clause are hereby considered to be evaluated at the time of award of the base contract.

SECTION C – Description/Specification/Requirements

Cedar Creek & Belle Grove National Historical Park (CEBE) – Custodial Service

C.0 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 National Park System currently has 433 units (often referred to as parks), covering more than 85 million acres in all 50 states, the District of Columbia, and US territories.

The NPS also has more than 150 related areas that are linked in importance and purpose to places managed directly by the National Park Service by preserving important segments of the nation's natural and cultural heritage. They are designated by acts of Congress or by the Secretary of the Interior (affiliated areas). The majority of related areas are not units of the National Park Service and are managed by other government agencies or non-government organizations and landowners. The National Park Service is involved in related areas by directly managing the entire or sections of a related area, or by providing technical or financial assistance.

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 – Business Service Contracting Division (BSCD) – Contracting Operations – Northeast Region – Philadephia MABO. The NPS – BSCD-Northeast issues contracts through the Federal Acquisition Regulation’s (FAR) for supplies, services, construction, A&E for Northeast Regional Parks only.

C.1 CEDAR CREEK & BELLE GROVE NATIONAL HISTORICAL PARK (CEBE)

Virginia’s Shenandoah Valley has a long and rich heritage that still inspires today. Native Americans first shaped the land, followed by colonists and settlers. The fertile valley became an important wheat-growing region in the 1800s. It also witnessed dramatic Civil War campaigns, including the Battle of Cedar Creek, a decisive Federal victory that helped bring the war to an end.

The Shenandoah Valley supported human settlement for thousands of years that continues today. Virginia's colonial land policies meant both opportunity for colonists but danger for those human buffers against colonial conflicts. Not all settlement was voluntary; enslaved inhabitants shaped the Valley's history too.

For more information, please visits CEBE’s website at: https://www.nps.gov/cebe/index.htm

C.2 BACKGROUND

Cedar Creek & Belle Grove National Historical Park (CEBE) has a requirement for custodial services at the Park Headquarters and Visitor Contact Station locations. Custodial services will include sweeping, mopping, vacuuming, dusting, emptying trash receptacles, and cleaning and sanitizing restrooms.

C.3 SUMMARY OF WORK

The custodial services for this contract shall include:

• Brushing or wiping along the intersections of all floors, walls, and ceilings to remove accumulated dust, spider webs, etc.

• Cleaning/Disinfecting of all bathrooms and bathroom fixtures to include toilets, sinks, and mirrors. After cleaning with a cleanser-disinfectant, all porcelain and enamel fixtures such as toilets, urinals, sinks, etc. will be clean, bright and free of streaks. There will be no dirt, dust, spots, stains, water rings, rust, deposits, green mold, encrustation or excess moisture. All toilet seats will be left in a raised position after cleaning. The seats will be free of spots and stains, and the hinges will be free of dirt, deposits, green mold and water stains. The plumbing pipes on the toilets, urinals, sinks and lavatories will be clean, bright and free of green mold, dust, dirt, and water stains. The walls near the lavatories will be free of spots and smears. Restocking toilet paper/paper towels/soap (paper products and soap provided by the park)

• Dusting the exposed horizontal flat surfaces of all shelves, desk tops, file cabinets, exhibits, windowsills etc. All dust, lint, litter, cobwebs, and dry soil will be removed from surfaces.

• Disinfecting of all kitchen counter tops, sinks, and exposed appliance surfaces. After cleaning/disinfecting, all surfaces should be free of dirt, streaks, spots, and smudges.

• Sweeping/vacuuming and mopping of all solid finish floor surfaces, i.e. floor tile, linoleum, wood, etc. so that surfaces are free of visible soil, dust, and dirt. Cleaning products must specify that they can be used on particular surfaces to be cleaned.

• Vacuuming of all carpeted floor areas. After being vacuumed, the carpeted floor will be free of any visible litter, soil, dust balls, dirt, and other debris. Corners and abutments will receive the same attention, and confirm to the same standards, as does the vacuuming of the center of the carpet. Baseboards, furniture, and equipment will not be damaged during the cleaning operations. No dirt will be left where vacuuming ended. Tears, burns, and unraveling will be reported to the COR.

• Removal of refuse from all bins/cans and replacement of properly fitting liners (liners provided by the park). Trash collected will be contained and sealed in plastic bags and placed in locations identified by the COR for pick-up by Park facility management personnel. Cans will be cleaned, disinfected, and deodorized as needed.

• Cleaning and wiping down of main doors entering buildings (such as doorknobs, locks, glass and door surfaces). Main entrance doors will be free of smudges, fingerprints, and streaks after cleaning.

Note:

The dusting of a fiber optic table map exhibit and topic panel exhibits will require the use of feather dusters and/or soft brushes. Liquid or spray cleaning, dusting, or polishing products will not be used on these exhibits.

Custodial services not included in this contract:

All work will be performed in a professional workmanship-like manner and reflect the highest quality practicable for this type of project in order to meet the satisfaction and approval of the Contracting Officer's Representative (COR). It shall be the Contractor's responsibility to furnish project staff who can execute first-class workmanship and who will take any necessary precautions to protect all elements/components included, and not included, in this contract.

Custodial Cleaning Products:

The Park will provide environmentally friendly, non-caustic, and non-hazardous cleaning products to be used. Cleaning products are only to be used on surfaces specified for that particular product.

The Park will also provide products to stock restrooms such as toilet paper/paper towels for restrooms and soap for restrooms, as well as trash can liners.

The contractor will provide cleaning supplies such as vacuum cleaner, dusters, dust rags, mops, buckets, toilet brushes, paper towels, broom/dustpans, etc. A small closet is available for the contractor to store these items.

Project Safety:

The selected custodial contractor shall comply with all relevant federal, state and local safety requirements for work of this nature.

All personal protective equipment required for this type of work shall be furnished by the contractor and shall be used by the contractor's staff as directed in the contractor’s written safety plan.

Water and Electricity:

All water and electricity required to complete this custodial project shall be furnished as a convenience and at no expense to the contractor.

C.5 PLACE OF PERFORANCE AND HOURS OF OPERATION

Project Locations:

All custodial services provided in this contract shall be completed at properties owned or leased by the Federal Government, Department of the Interior, National Park Service, Cedar Creek and Belle Grove NHP and at the following addresses:

Location 1: Headquarters Building 8693 Valley Pike Middletown, VA. 22645 (See attached floor plan)

Location 2:

Visitor Contact Station 7712 Main St.

Middletown, VA. 22645 (See attached floor plan)

Custodial services for both locations shall be scheduled for every other week with the overall intention of not impacting NPS operations during the normal workday. Contractor employees will be issued government furnished keys and alarm codes which will allow access to serviceable areas during non-business hours. Business hours are defined as 7 a.m. to 5 p.m. (Monday - Friday) for the Headquarters building and 8:30 a.m. to 4:30 p.m. (7 days a week) for the Visitor Center. Work performed at the Visitor Center (Main Street location) must be completed before 8:30am or after 4:30pm. Work at the Headquarters Building (Valley Pike location) shall be completed during the same week with work starting no earlier than 4 p.m. Monday thru Friday. NPS staff will coordinate with contractor to ensure a schedule that will allow for minimal impact to park operations while allowing time for services to be completed. Both the COR and contractor will agree to schedule and changes shall not be made unless agreed upon by both parties in writing. The cleaning schedule shall be on a biweekly basis, resulting in twenty-six (26) annual cleaning services within the contract. No work shall be scheduled on federal holidays. Any regularly scheduled custodial services that fall on a federal holiday, or require cancelation by either party due to uncontrollable circumstances, shall be rescheduled for the next available date and time as agreed upon by the contractor and the project COR.

These areas contain historically significant landscapes and infrastructure. Contractor operations shall not adversely impact historic features, utilities, or public use areas.

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 Juneteenth – June 19th Independence Day – July 4th Labor Day – First Monday in September Columbus Day/Indigenous Peoples Day – Second Monday in October Veteran’s Day – November 11th Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

Note - if any of the holidays stated above fall on a Saturday, the Friday before the actual day is the official day the Government takes for the holiday. If the holiday falls on a Sunday, the Monday after the actual day is the official day the Government takes for the holiday. These dates do not account for any other days or shorten days that may be added prior to any of the holidays mentioned above that may be added at the discretion of any Presidential Administration and implemented by the DOI.

C.6 CONTRACTOR/EMPLOYEE QUALIFICATIONS

The Contractor shall:

· Have a minimum of three (3) years of experience in commercial or institutional janitorial services.

· All employees working in park buildings must pass the National Park Service Background Tier I Security Check. The National Park Service will cover the cost of the first two background checks; any additional background checks will be at the expense of the contractor.

· The locations referenced in this contract are open to staff and to the public. Given these conditions, the contractor must conduct themselves accordingly, and demonstrate safety, care and respect for park employees and for the public at large.

· No smoking will be allowed within the buildings at any of the locations referenced in this contract.

C.7 SAFETY

1. The Contractor shall be responsible for the safe conduct of all operations, shall adhere to applicable OSHA standards (29 CFR 1910.266), and be subject to inspection by NPS Safety Officer.

2. During the execution of this contract, the Contractor must conform to the rules and regulations, as amended and as set forth by:

· 29 CFR 1910 – OSHA General Industry Regulations & Standards.

· National Park Service Occupational Safety and Health Program – Reference Manual 50B - Reference Manual 50B: NPS Occupational Safety and Health Program

· Most Recent Superintendents Compendiums as amended:

· CEBE - https://www.nps.gov/cebe/learn/management/lawsandpolicies.htm

· All Contractor or employee conduct is subject to park rules and regulations concerning: littering, wildlife harassment, collecting, resource damage and other topics as specified for the NPS in the Code of Federal Regulations title 36 (eCFR :: 36 CFR Part 2 -- Resource Protection, Public Use and Recreation).

· Work area shall always be maintained in a clean and safe condition.

· All personnel providing service on-site shall have pictured identification and uniform displaying the name of the company (if appliable).

· All on-site vehicles will also be marked with the company name (if applicable).

· Use of barricades, ropes, signs, or audible signals is required, and the contractor must take all necessary precautions for the protection of the work, property, and safety of the public.

· Smoking of any kind will not be permitted on premises. The COR/POC may authorize the use of a designated smoking if requested.

· All excavation activities shall be conducted safely and by hand to prevent damage to underground utilities and historic resources.

C.8 PERSONAL PROTECTIVE EQUIPMENT (PPE)

A. All personal protective equipment required for this type of work shall be furnished by the contractor and shall be used by the contractor's staff as directed in the contractor’s written safety plan.

C.9 SAFETY PLAN

The Contractor shall provide a copy of their safety plan at the pre-work meeting. The Safety Plan shall be available to all employees and subcontractors working on the contract and subsequent task orders. The Safety Plan should cover at a minimum:

C.10 ACCIDENT REPORTING

A. Accident Reporting: Reportable Accidents: A reportable accident is defined as death, occupational disease, traumatic injury to employees or the public, property damage by accident in excess of $100, and fires. Within 7 days of a reportable accident, send a report of the accident to the Contracting Officer.

B. All Other Accidents: The Contractor shall report all other accidents to the Contracting Officer as soon as possible and assist the Contracting Officer and other officials as required in the investigation of the accident.

C.11 FIRE PREVENTION AND PROTECTION

· Any accidental fire starts shall be reported immediately to COR and/or CEBE Fire Management Fire Management. Should the fire exceed the size of a campfire and threaten workers safety, the contractor should depart the area and call 911 or CEBE Fire Management Fire Management immediately.

· Hazard Control: Take all necessary precautions to prevent fire during the work. Keep flammable substances or materials at a safe distance from use of volatile or noxious substances.

· Smoking is prohibited in the work areas in sites designated for the contractor’s use. Designate a space away from the work area be used for smoking. Cigarette butts must be disposed of properly.

C.13 DRONES/UNMANNED AERIAL VEHICLE (UAV) USAGE

The use of drones and/or UAVs are not authorized at any NPS location during performance of this contract.

C.14 PROHIBITION OF WEAPONS/FIREARMS

18 USC 930 is Federal law that supersedes Section 512 of Public Law 111-24 and prohibits the possession of a firearm or other dangerous weapon in a Federal facility. Federal facilities are buildings or parts thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing official duties. No weapon or firearms are authorized within ORCA at any time.

C.15 GENERAL COMMUNICATION REQUIREMENTS

· Contractor shall furnish a serviceable cellular telephone, radio, or other NPS-approved device while on- site to communicate with the National Park Service and to provide for the safety of the contract employees.

· If the Contractor’s employees do not speak English, the Contractor’s job site supervisor shall be fluent and conversant in both English and the language of their non-English speaking employees.

· The Contractor shall contact the COR/POC with project progress notifications prior to completion. The time frame for these progress notifications shall be coordinated in writing between COR/POC and Contractor, and maybe either daily, weekly, etc. As the Contractor near the completion of the specified work, a site visit will be scheduled with the COR/POC to determine if the work has been successfully completed.

C.16 PROJECT MEETINGS

Contractor Conference: Before start of planting, the Project Manager/COR will arrange an on-site meeting with Contractor which may include visual inspection of the contracted work at the conclusion of the meeting. The meeting agenda will include the following at a minimum:

· Correspondence procedures

· Designation of responsible personnel

· Labor standards provisions

· Changes

· Payments to Contractor

· Subcontractors

· National Park Service regulations

· Accident prevention program (including name of responsible Supervisor)

· Accident reporting

· Documents required under the contract

· Park rules and regulations

· Park Access

· Working hours and days

· Safety program (compliance with the "Accident Prevention" clause of the General Provisions)

· Tentative work schedule.

C.17 TEMPORARY FACILITIES/WORK AREA

A. Physical Security:

· The contractor will establish and implement methods of ensuring that all keys issued to the contractor by the government are not lost, misplaced, or used by unauthorized persons. No key issued to the contractor by the government will be duplicated. The Park will supply all keys.

· The contractor will report the occurrence of any lost keys to the COR. The government may, at its option, require the contractor to replace, re-key, or reimburse the government for the replacement of locks or re-keying as a result of the contractor losing keys.

· It will be the responsibility of the contractor to prohibit the use of keys issued by the government by any persons other than the contractor’s employees. Keys will be used only for the performance of work identified in this contract.

· It might be necessary for the contractor’s employees to disarm the alarm system in either building. The Park will provide the alarm codes necessary for the performance of the contract.

C. STORAGE: A small closet is available for the contractor to store supplies.

D, CONDUCT: Contractor shall at all times conduct operations to ensure the least inconvenience to occupants and visitors.

· Loud noise must be kept at a minimum.

E. RESTROOMS: Restroom facilities are available

F. TELEPHONE: No telephone service is available on site for the contractor’s use.

G. WATER AND ELECTRICITY: All water and electricity required to complete this custodial project shall be furnished as a convenience and at no expense to the contractor.

C.18 LANDSCAPE PRESERVATION

1. 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 wastewater 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.

2. Temporary Erosion and Sedimentation Control: Provide effective erosion control measures to prevent soil erosion and discharge of soil-bearing water runoff at the earliest feasible stage of construction. Regularly inspect and maintain the measures in effective working order. Promptly stop work in area(s) of any ineffective erosion control measures.

3. Dust: Utilize effective means to prevent generation of wind-borne dust (typically watering or application of other approved dust control measures) and to prevent sediment from leaving the work site and/or entering storm sewers and water bodies. Method must be approved by the COR.

4. Damage: Protect adjacent vegetation, property, structures, and improvements from damage.

5. Spill Control: Provide effective spill containment measures at the earliest feasible stage of operations (when applicable). Regularly inspect and maintain the measures in effective working order.

C.19 RESOURCE DAMAGE

All conduct outside of the specified work is subject to park rules and regulations concerning littering, wildlife harassment, collecting, resource damage and other topics as specified for the NPS in the Code of Federal Regulations title 36, which can be found at http://www.gpoaccess.gov/ecfr/

C.20 SITE MANAGEMENT

Maintain walkways, driveways, roads, parking, and project site to be free of all debris, equipment, and materials daily. 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 and stated in the contract and its attachments.

C.21 RECYCLING AND DISPOSAL OF REFUSE

All refuse, excess or waste materials resulting from operations shall be recycled and/or disposed of 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.

Garbage and food residue shall be kept inside bear proof garbage cans or closed vehicles and always made unavailable to wildlife. All garbage shall be removed daily. These rules also apply to lunchtime garbage, which include fruit peelings, apple cores, nut shells or excess food.

C.22 KEY PERSONNEL

The name of a supervisor and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

C.23 IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel not required to obtain and wear badges in the performance of this service.

In accordance with AP&P 1443.37-1 the following requirements will be applicable to any and all on-site contractor personnel:

C.24 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT ADMINISTRATION

1. 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.

2. 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;

3. 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.

C.25 CONTRACTOR'S REPRESENTATIVE

The Contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who act for the contractor when the Contractor is absent shall be designated in writing to the CO. The Contractor representative or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor representative and alternate(s) must be able to read, write, speak, and understand English without use of a translator. Under no circumstances shall any documents, Statement of Work, Work Schedules, Contractor submittals, Contractor plans, etc., be translated. All documentation shall be submitted in the English language.

C.26 SUPERVISOR

A working (English literate) supervisor, who is knowledgeable and experienced in the required work and supervision, shall be provided for each crew and their contact information must be provided to the CO and the COR.

C.27 UNDOCUMENTED WORKERS

This contract involves the employment of unskilled labor working under arduous field conditions. Such employment may be attractive to persons coming from foreign countries, sometimes illegally. Offerors are reminded that it is a crime to bring into the United States, transport within the United States, and to harbor aliens who do not have a proper visa for entry and working in this country (8 U.S.C. § 1323-1325). If violations are suspected by the COR during the performance of work on this (these) project(s) they shall be reported to the U.S. Immigration and Naturalization Service for investigation and appropriate action. Conviction of the Contractor for commission of a criminal offense referred to herein shall be deemed sufficient cause for default and the initiation of debarment or suspension proceedings to prevent the Contractor from receiving future Government contracts.

C.28 QUALITY CONTROL PLAN

· The COR will monitor contractor performance through review of deliverables, on-site inspections, and system functionality.

· Performance shall be evaluated based on timeliness, technical accuracy, system operability, and compliance with contract requirements.

· Deficiencies identified by the Government shall be corrected promptly at no additional cost to the Government.

C.29 INTERRUPTION OF WORK

ENVIRONMENTAL - The Contracting Officer, by issuance of a stop work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions or fire danger. The Contractor shall be given a resume work order, which shall document the date the stop work order ended. An allowance has been included in the contract time for short-term environmental delays up to one day at a time. The count of contract time shall therefore continue during stop work of one day or less, but the count of contract time shall stop during stop work orders in excess of one day at a time. All periods of stop work by the Government shall be documented. Actions taken under this paragraph shall be subject to Special Clause 1 – Stop Work.

Instances such as: When adverse weather would result in soil damage by the Contractor on project units or that continued vehicle travel would cause unacceptable road damage. This is determined by the COR based on seasonal or an event situation.

SPECIAL EVENTS - The Government may direct the Contractor to stop work and all operations in the event of a scheduled or unscheduled events at CEBE. The work may also just be restricted to certain locations at the discretion of the COR.

HISTORICA/ARCHEOLOGICAL/CULTURE RESOURCES – see C.31 below.

C.30 ENVIRONMENTAL REGULATIONS

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

· Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards;

· Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ);

· Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);

· Endangered Species Act, as amended (16 U.S.C. Sec 1531 ET SEQ);

· Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ);

· National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ);

· Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ);

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

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

C.31 PRESERVATION OF HISTORICAL/ARCHEOLOGICAL/CULTURAL RESOURCES

C.32 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed.

If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract.

C.33 HAZARDOUS MATERIAL IDENTIFICATION

Submit Safety Data Sheet (SDS)’s as required per 29 CFR 1910.1200 as amended. The contractor must provide one digital copy of each SDS for applicable hazardous chemicals used and/or provided in performance of any work under this contract.

C.34 MATERIAL & EQUIPMENT TRANSPORTATION, HANDLING AND STORAGE

C.35 GOVERNMENT FURNISHED PROPERTY/INFORMATION

· The contractor will establish and implement methods of ensuring that all keys issued to the contractor by the government are not lost, misplaced, or used by unauthorized persons. No key issued to the contractor by the government will be duplicated. The Park will supply all keys.

· The contractor will report the occurrence of any lost keys to the COR. The government may, at its option, require the contractor to replace, re-key, or reimburse the government for the replacement of locks or re-keying as a result of the contractor losing keys.

· It will be the responsibility of the contractor to prohibit the use of keys issued by the government by any persons other than the contractor’s employees. Keys will be used only for the performance of work identified in this contract.

· It might be necessary for the contractor’s employees to disarm the alarm system in either building. The Park will provide the alarm codes necessary for the performance of the contract.

C.36 LOSS OR DAMAGES

The Contractor shall assume all risks of injury to persons or property in connection with the performance of work under this contract shall indemnify and save harmless the Government against all claims, causes of action, cost and expense, because of bodily injuries, death, or damages to Property arising from all work activities of the Contractor.

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 the same. The government, at its option, in lieu of repayment, may require the contractor to replace at his own expense, all property as directed by the Contracting Officer.

C.37 WORK BY THE GOVERNMENT

The Government reserves the right to undertake performance by Government forces or other Contractors, the same type of similar work as contracted for herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

C.38 OTHER CONTRACTS

The Government may undertake work with its own forces or award other contracts for additional work, and the Contractor shall fully cooperate with such other Contractors and Government employees and carefully fit its own work to such additional work as may be directed by the CO. The Contractor shall not commit or permit any act, which shall interfere with the performance of work by any other Contractor or by Government employees.

C.39 EXTENT OF OBLIGATION

The Government obligation for performance of this contract beyond the award price is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the amount that has been authorized through the issuance of a contract modification or change order by the CO.

C.40 POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will inform the contractor of how the government views the contractor's performance and the contractor will inform the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

C.41 BIOBASED AND SUSTAINABLE PRODUCTS

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 Presidential0 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 may be required in performance of this contract:

· 2-Cycle Engine Oils – 34% Minimum Biobased Content

· Chain and Cable Lubricants – 77% Minimum Biobased Content

· Diesel Fuel Additives – 90% Minimum Biobased Content

· Dust Suppressants – 85% Minimum Biobased Content

· Erosion Control Materials – 77% Minimum Biobased Content

· Eyewear – 25% Minimum Biobased Content

· Fuel Conditioners – 64% Minimum Biobased Content

· Gasoline Fuel Additives – 92% Minimum Biobased Content

· Greases – Truck – 71% Minimum Biobased Content

· Inks – Sheetfed (Black) – 49% Minimum Biobased Content

· Inks – Sheetfed (Color) – 67% Minimum Biobased Content

· Mobile Equipment Hydraulic Fluids – 44% Minimum Biobased Content

· Multipurpose Lubricants – 88% Minimum Biobased Content

· Other Lubricants – 39% Minimum Biobased Content

· Pneumatic Equipment Lubricants – 67% Minimum Biobased Content

· Safety Equipment – 25% Minimum Biobased Content

· Shopping and Trash Bags – 22% Minimum Biobased Content

For more information including definition of terms with regard to the Department of Agriculture Biobased Program go to: https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

C.42 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:

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.

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

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.

Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plans, 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.

Eyewear – Products that are worn over the eyes, either to provide protection (from the sun, impact, chemicals, etc.) or to enhance vision. Eyewear consists of frames and lenses, either separately or together. This category includes contact lenses.

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.

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. Pigments 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.

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.

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

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…