Attachment_3_-_Revised_SOW-Clauses_and_Provisions_0001.docx

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140P4226Q0038

PAGE OF

SECTION 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

19.

ITEM NO.

20.

SCHEDULE OF SERVICES

21.

QTY

22.

UNIT OF MEASURE

23.

UNIT PRICE

24.

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

Fredericksburg & Spotsylvania National Military Park (FRSP) – Fire Suppression and Fire Alarm ITM

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 FREDERICKSBURG & SPOTSYLVANIA NATIONAL MILITARY PARK (FRSP)

Fredericksburg, Chancellorsville, Wilderness, and Spotsylvania, this is America’s battleground, where the Civil War roared to its bloody climax. No place more vividly reflects the War’s tragic cost in all its forms. A town bombarded and looted. Farms large and small ruined. Refugees by the thousands forced into the countryside. More than 85,000 men wounded; 15,000 killed-most in graves unknown.

Fredericksburg and Spotsylvania National Military Park includes four battlefields (Fredericksburg, Chancellorsville, Wilderness, and Spotsylvania Court House) and multiple historic sites (Chatham Manor, Ellwood Manor, the "Stonewall" Jackson Death Site, and Salem Church).

For more information, please visit FRSP’s website at: https://www.nps.gov/frsp/index.htm

C.2 BACKGROUND

The National Park Service at Fredericksburg & Spotsylvania National Military Park (FRSP) has a requirement for a contractor to provide fire suppression system and fire alarm inspection, testing, and maintenance service at several locations within the park.

C.3 SUMMARY OF WORK

The contractor shall furnish all labor, qualified personnel, supervision, tools, equipment, and materials necessary to perform the services described herein.

C.4 OBJECTIVES/TASKS

1. Provide inspection, testing, and required annual maintenance services for fire suppression systems in approximately 5 to 8 buildings per year, depending on system installation, replacement, or acceptance dates and required inspection intervals. Fire suppression systems may include, but are not limited to:

2. Provide annual inspection and testing services for fire alarm systems in 16 buildings per year, depending on system installation, replacement, or acceptance dates and required inspection intervals.

3. The Contractor shall ensure the fire suppression system always remains operable, except during testing and maintenance.

· Carefully schedule all non-emergency shutdowns with the Facility Manager.

· Provide backup protection any time the system is out of service for more than 4 hours.

· Regardless of shutdown duration, test the affected portion of the system to ensure protection is restored.

4. The Government reserves the right to make any test or inspection necessary to verify performance requirements.

5. The Government will inform the Contractor of any changes to the inventory.

C.5 OTHER INCIDENTAL WORK

1. All inspections, testing, and maintenance activities shall be performed annually during the base and option years in accordance with the currently adopted editions of the following:

• International Fire Code (IFC)

• Applicable National Fire Protection Association (NFPA) standards https://www.nfpa.org/For-Professionals/Codes-and- Standards/List-of-Codes-and-Standards/Free-access

• National Park Service Reference Manual 58: Structural Fire Management - https://www.nps.gov/subjects/fire/rm-58.htm

• All other applicable federal, state, and local codes and requirements

2. The contractor shall inspect and test all fire suppression and fire alarm system components to verify that systems are present, operational, and properly maintained in a working condition that supports occupant life safety, facility protection, and continuity of operations. Inspection activities shall be scheduled and performed to ensure compliance with required inspection intervals.

3. Some facilities included under this contract may be designated historic structures. All work performed in or affecting historic structures shall be conducted in a manner that minimizes impacts on historic fabric and character-defining features. The contractor shall use non-invasive methods where feasible, protect historic materials during inspection activities, and coordinate access, sequencing, and work methods with the National Park Service Contracting Officer’s Representative (COR) to ensure compliance with applicable preservation requirements.

C.6 PLACE OF PERFORMANCE AND HOURS OF OPERATION

Fredericksburg & Spotsylvania National Military Park

System Locations

Fire Suppression Inspections:

Alarm Inspections:

Hours of Operation: Normal operating hours at the park are 6:00AM to 4:00PM. Contractor shall coordinate work times with the COR.

Period of Performance: The contract will be for a total of five (5) years consisting of a 12-month base period and four (4) 12-month option periods. The option periods are subject to the availability of funds and will be exercised at the discretion of the National Park Service. The estimated period of performance dates are:

C.7 SCHEDULING AND COORDINATION

The COR will be responsible for acting on behalf of the Contracting Officer (CO) on all matters of work within the scope of the contract. Approval of all work beyond the scope of the contract is reserved for the CO. The contractor is responsible for notifying the COR in writing all work that is beyond the scope of the contract.

The table below identifies fire suppression system locations and the anticipated year(s) of inspection, testing, and required annual maintenance during the base and option periods.

Option Year 2 Option Year 3 Option Year 4

Chancellorsville Visitor Center

Chatham

Curatorial

Ellwood

Fredericksburg Visitor Center

N/A

Fredericksburg Visitor Center Bookstore

Quarters # 1

Stonewall Jackson Death Site

C.8 INSPECTION, TESTING, AND MAINTENANCE

1. Perform all annual inspections, testing, and maintenance in accordance with International Fire Code (IFC), applicable National Fire Protection Association (NFPA) standards, and National Park Service Reference Manual 58: Structural Fire Management.

· All quarterly and semi-annual inspections/tests shall also be performed during annual testing.

2. Within 30 days of receiving the delivery order:

· Submit a proposed inspection and testing schedule for each fire suppression system to the Contracting Officer.

3. Within 14 days after completing inspection and testing, Contractor shall provide an Inspection and Testing report including:

· All information required by International Fire Code (IFC), applicable National Fire Protection Association (NFPA) standards, and National Park Service Reference Manual 58: Structural Fire Management.

· Any deficiencies noted during testing.

· Individual costs to correct each deficiency (itemized parts and labor).

4. Devices that cannot be calibrated, tested, or serviced by manufacturers’ recommendations shall be reported as a deficiency.

5. Before testing the Contractor shall coordinate notification of all persons and facilities that receive alarm, supervisory, or trouble signals. Contact the facility manager for assistance in coordinating service.

6. The Contractor may be required to perform some inspections and tests outside normal working hours. Any disruptive work shall be performed after normal hours unless otherwise permitted by the facility manager.

7. Any damage to the fire suppression system or associated equipment caused by the Contractor shall be repaired at no additional cost to the Government.

C.9 GENERAL CONTRACTOR RESPONSIBLITIES

1. Contractors shall provide all tools and supplies necessary to properly perform all annual inspections and tests in accordance with:

· Current editions of the International Fire Code (IFC), applicable National Fire Protection Association (NFPA) standards, and National Park Service Reference Manual 58: Structural Fire Management, as well as any other applicable federal, state, or local requirements.

· All annual preventative maintenance required by the equipment manufacturer’s published instructions.

2. The Contractor shall comply with all appropriate safety requirements. If equipment is found in a condition that may endanger life or property, the Contractor shall immediately notify the Contracting Officer.

3. The Contractor shall leave all work areas neat, clean, and orderly.

C.10 CONTRACTOR/EMPLOYEE QUALIFICATIONS

1. The Contractor shall always have enough capable and qualified employees to properly, adequately, and safely perform all work required under this contract.

2. Technicians performing contract work shall:

· Meet service personnel qualification requirements in International Fire Code (IFC), applicable National Fire Protection Association (NFPA) standards, and National Park Service Reference Manual 58: Structural Fire Management.

· Hold at least a NICET Level 3 certificate in Inspection and Testing of Water-Based Systems or Special Hazards Systems, as appropriate.

· Have at least five years of experience in testing, repair, maintenance, installation, and related activities for buildings and equipment comparable to those covered by this contract.

3. Technicians shall be factory-trained and currently certified for the applicable system and provide documentation of certification to the Contracting Officer.

4. Contractor personnel shall possess certificates of training, licenses, and permits as required by state or local jurisdictions where the alarm system is installed.

· Documentation of certificates, licenses, and permits for all new employees must be provided to the Contracting Officer within 7 days prior to starting work.

· All certificates, licenses, permits, must remain current and valid.

· All offers must include documentation and proof of certifications and qualifications for each employee.

C.11 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:

· FRSP- https://home.nps.gov/frsp/learn/management/superintendent-s-compendium.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).

· All operations under this contract shall be conducted in accordance with ANSI Z133.1-2006 Tree Care Safety Standards, and all federal OSHA, state and local safety requirements. Where OSHA regulations and ANSI standards conflict, OSHA regulations will take precedence.

· 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).

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

· Contract employees shall not possess, distribute, consume, use or cause to be used any controlled substance or alcohol on the job site on Government property. Any employee using a controlled substance prescribed by a physician shall get written permission from the Contracting Officer to continue performance of assigned duties for this contract. Any contractor or contractor employee found to be in violation of this section will be permanently prohibited from the NPS property. Actions taken under this section shall not relieve the contractor of the requirement to provide sufficient personnel to perform adequate and timely service as required in this contract.

3. Contractor and operators shall follow all OSHA regulations which apply to the work activities. OSHA Regulations for tree removal operations can be found at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id =9862

4. The contractor shall maintain the ability to contact 911 or FRSP within 15 minutes in case of an emergency.

5. The Contractor shall ensure that any Contractor employee shall be in good health and free of any communicable disease prior to commencing work at this facility. The Contractor shall maintain and follow an exposure control plan for bloodborne pathogens in accordance with OSHA standard 29 CFR 1910.1030. Any necessary medical certificates, exams and treatments are at the expense of the Contractor.

C.12 PERSONAL PROTECTIVE EQUIPMENT (PPE)

1. The Contractor shall furnish personal protective equipment (PPE) to crew members respective of the type of work being completed.

2. The contractor shall train workers in the safe operation and use of equipment that they will be using to accomplish the work under this contract. Occupation Safety & Health Administration (OSHA) standards PPE shall be followed; information can be found at OSHA PPE Standards.

3. PPE, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

4. Defective or damaged PPE shall not be used and shall be either repaired or replaced.

C.13 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.14 ACCIDENT REPORTING

1. 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.

2. 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.

3. The COR will provide the numbers for the rescue services to the contractor upon award.

C.15 FIRE PREVENTION AND PROTECTION

· Any accidental fire starts shall be reported immediately to COR and/or FLNI 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 FLNI Fire Management Fire Management immediately.

· Hazard Control: Take all necessary precautions to prevent fire during construction. 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.16 SECURITY

1. The contractor’s employees shall have personal identification on their person at all times while working at this project. Employees working after normal working hours must check in with the on-duty NPS Law Enforcement Officer.

2. Any contractor-owned vehicle(s) used must meet established Virginia Department of Transportation and NPS regulations (e.g. safety, insurance, etc.). All vehicles will be identified with the contractor’s logo to facilitate easy identification.

3. The contractor is responsible for safeguarding all Government property that they come in contact with during the performance of this contract. The contractor shall also be expressly responsible for safeguarding their property. At the close of each workday, facilities, equipment and supplies shall be secured.

4. The contractor shall be responsible for restoring any damaged property or equipment caused by the contractor. The restoration shall be to its original condition at no additional charge to the Government.

5. The Contractor, or any representative, and all contractor employees entering the Government reservation, shall abide by all security regulations of this installation which may be in effect during the contract period; and shall be subject to such checks as may be deemed necessary to insure that no violations occur. All contractor personnel shall follow any instructions given by the COR, and NPS Law Enforcement personnel in case of fire, hurricane or any other emergencies.

6. All Contractor personnel shall wear attire appropriate for the specific task. Clothing not to be worn tank tops, shorts, sandals, or other inappropriate clothing as determined by the Contracting Officer’s Technical Representative (COR). The contractor shall ensure that each employee or representative of the Contractor shall present a clean and professional appearance.

7.

C.17 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.18 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 FLNI at any time.

C.19 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.20 PROJECT MEETINGS

Contractor Conference: At least 10 days before contract start date, the Contractor shall meet in conference with the Contracting Officer and COR to discuss and develop mutual understanding relative to scheduling and administration of work performed under this contract.

· 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.21 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.22 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.23 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT ADMINISTRATION

1. Contracting Officer: The Contracting Officer (CO) has 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.24 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.

C.25 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.26 PRESERVATION OF HISTORICAL/ARCHEOLOGICAL/CULTURAL RESOURCES

C.27 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.28 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.29 GOVERNMENT FURNISHED PROPERTY/INFORMATION

The Government may provide Government furnished property and/or information after award, if not already included in solicitation or contract. Examples may include but are not limited to:

· Alarm codes

· Building keys

C.30 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.31 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.32 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.33 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.34 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 apprise the contractor of how the government views the contractor's performance and the contractor will apprise 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.35 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:

· Clothing- Utility Gloves – 25% Minimum Biobased Content

· Disinfectants – 25% Minimum Biobased Content

· Eyewear – 25% Minimum Biobased Content

· Fire Retardants – 25% Minimum Biobased Content

· Fire Suppressants – 30% Minimum Biobased Content

· Laboratory Chemicals – 25% Minimum Biobased Content

· Paper Products – Nonwriting Paper – 25% Minimum Biobased Content

· Safety Equipment – 25% Minimum Biobased Content

· Shopping and Trash Bags – 22% Minimum Biobased Content

· Writing Utensils – Pens – 25% 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.36 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.

Clothing – Utility Gloves - A fitted hand garment used to protect hands in industrial and construction work.

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.

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.

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.

Personal Protective Equipment (PPE) – Equipment used by workers that protect against worksite accidents, such as goggles, ear plugs, face shields and gloves.

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

Quality Control - Actions taken by a contractor to carry out a written Quality Control Plan to ensure the performance of contracted services meet the SOW and Specifications.

Quality Control Plan - A written document created by the contractor outlining the specific actions the contractor will take to ensure the performance of contracted services meet the requirements contained within the SOW and Specifications.

Quality Assurance - Actions taken by the Government to assure contracted services meet all SOW and Specification requirements.

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

Safety Equipment – Equipment used by workers that protects against worksite accidents, such as goggles, ear plugs, face shields and gloves.

Safety Plan - A written document that takes into consideration the risk assessment of the requirement and develops reasonable concepts, behaviors, and disciplines to mitigate the assessed risk.

Shopping and Trash Bags – Open-ended bags that are typically made of thin, flexible film and are used for containing and transporting items such as consumer goods and waste. Examples include trash bags, can liners, shopping or grocery bags, pet waste bags, compost bags, and yard waste bags. This category does not include product packaging disposable containers, or semi-durable and non-durable films.

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.

C.37 TRAVEL

The contractor shall be responsible for all travel necessary to complete the work described in the Scope of Work.

C.38 NOTIFICATION OF SUBCONTRACTING

The contractor shall within 14 days after award notify the Contracting Officer upon entering into any subcontract arrangement, as required by FAR 52.222-11 – Subcontracts (Labor Standards). The subcontractor shall have the experience and be equipped for such work. The written notification shall be completed: