Revised_Section_C_0001.pdf

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BACKFLOWS - INSPECTION, MAINTENANCE & REPAIR
Solicitation number
140P4226Q0059
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Contract Summary: Independence National Historical Park Backflow Devices Testing and Maintenance

This is a Performance Work Statement (PWS) continuation sheet for National Park Service contract 140P4226Q0059 for backflow prevention device testing, certification, and maintenance services at Independence National Historical Park (INDE) in Philadelphia, Pennsylvania. The contractor must perform annual testing and certification of all backflow prevention devices and air-gap separations, plus responsive maintenance and repair when devices fail or fall out of compliance. Work is governed by Title 25 Pennsylvania Code §109.709 and Philadelphia Water Department (PWD) Regulation 403, which require annual testing by City-certified personnel with results submitted to PWD Industrial Waste & Backflow Compliance.

The contract covers 17 identified park locations with backflow devices requiring contractor verification and inventory completion during initial mobilization. Key deliverables include an Accident Prevention Plan, annual testing schedule, completed device inventory table, annual test certificates with results submitted to PWD and the Contracting Officer's Representative (COR), maintenance and repair reports, and new/replacement device proposals when required. Annual testing must be completed no later than September 30 each year. For non-emergency suspected failures, the contractor must respond on-site within one business day and complete corrective action within ten business days. Immediate hazards to public water supply require dispatch as soon as practicable. All work must be performed by City-certified backflow prevention technicians. The base performance period runs from September 28, 2026 through September 27, 2027, with four one-year option periods. Work shall be performed Monday–Friday between 7:00 AM and 4:30 PM, excluding federal holidays. The contractor is responsible for all labor, equipment, materials, safety compliance, and three-year records retention of all testing and maintenance documentation.

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140P4226Q0059

PAGE OF

SECTION C – Description/Specification/Requirements

Independence National Historical Park (INDE) – Backflow Devices

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 INDEPENDENCE NATIONAL HISTORICAL PARK (INDE)

Independence National Historical Park (INDE) is a designated unit of the National Park Service (NPS), located in the heart of downtown Philadelphia. The park preserves, protects, and interprets some of the most historically significant buildings and sites in the United States associated with the struggle for independence and the creation of the early American republic. The park is home to numerous historic buildings and icons like Independence Hall, where the Declaration of Independence and the US Constitution were debated and signed, and the Liberty Bell, a globally recognized symbol of democracy.

C.2 BACKGROUND

The National Park Service at Independence National Historical Park (INDE) has a requirement for a contractor to provide annual testing and certification of all backflow prevention devices (and air-gap separations), plus responsive maintenance and repair when devices fail or fall out of compliance.

Independence National Historical Park (INDE) is a federally managed, historically significant site in Philadelphia, PA. Its potable water systems must be safeguarded from cross-connection and backflow hazards through compliant devices and documented annual testing.

Applicable Regulations (summary):

• Title 25 Pennsylvania Code §109.709 requires elimination of cross-connections or provision of backflow devices to prevent contamination of public water supplies, with customer responsibility for annual testing and maintenance.

• Philadelphia Water Department (PWD) Regulation 403 requires approved backflow protection on domestic service connections, annual testing by City-certified personnel, and submittal of test results to PWD Industrial Waste & Backflow Compliance (IWBC) (9001 State Road, Philadelphia, PA 19107).

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

• Maintain full compliance with PWD requirements through regular, annual inspections/testing of all covered devices.

• Provide responsive maintenance and repair for devices found non-functional or non-compliant.

• When additional protection is required to meet code, submit installation proposals for Government review and approval.

• Ensure all work is performed by City Certified Backflow Prevention Technicians (Domestic as applicable).

Testing & Certification (Actions First)

• Annual Testing: Perform annual functional tests and certification for every covered backflow prevention device or air gap separation, using appropriate City certified technicians (Domestic). Submit results to PWD and provide copies to the COR.

Maintain detailed testing logs (device ID, make/model, size, location, pass/fail, corrective actions) for three (3) years.

• New Devices: Test any newly installed devices prior to service initiation.

Maintenance & Repair

• Fault Identification: Identify faulty or non-compliant devices via inspection or reported issues.

• Corrective Actions: Repair or replace faulty devices with PWD approved equipment installed per manufacturer instructions and applicable codes. Perform final verification tests post work and document the results.

• Proposals for New/Replacement Devices: When repair is infeasible or protection is missing, submit a written proposal

(device type/spec, cut sheets, installation method, schedule, cost) for COR approval prior to work.

C.5 OTHER INCIDENTAL WORK

Device Inventory (Park-Wide Table)

The following locations are confirmed to have backflow preventers and are covered under this contract. The Contractor shall verify and complete the inventory with device-specific details (size, type, serial number, device location, last inspection date, next due date) during initial mobilization and keep it current thereafter.

Device ID

(TBD)

Park-Referenced Location Address

Water Service Address

Device Physical Location

Size / Spec / Type

Domestic Make / Model

Serial No.

Last Test Date

Next Due Date

Status

TBD-001 Thaddeus Kosciuszko National Memorial

301 Pine St., Philadelphia, PA 19106

Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-002 Merchant Exchange Building

143 S. 3rd St., Philadelphia, PA 19106

Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-003 313 Walnut Street Philadelphia, PA 19106 Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-004 City Tavern 138 S. 2nd St., Philadelphia, PA 19106

Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-005 LEOC / Chiller Plant 140 S. 3rd St., Philadelphia, PA 19106

Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-006 Second Bank 420 Chestnut St., Philadelphia, PA 19106

Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-007 Independence Hall 520 Chestnut St., Philadelphia, PA 19106

Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-008 Deshler Morris & Bringhurst Houses

Philadelphia, PA 19144 Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-009 Liberty Bell Center 526 Market St., Philadelphia, PA 19106

Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-010 Declaration House / Graff House

700 Market St., Philadelphia, PA 19106

Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-011 Washington Square 210 W. Washington Same TBD TBD TBD TBD TBD TBD TBD Active

Device ID

(TBD)

Park-Referenced Location Address

Water Service Address

Device Physical Location

Size / Spec / Type

Domestic Make / Model

Serial No.

Last Test Date

Next Due Date

Status

Sq., Philadelphia, PA 19106

TBD-012 Magnolia Garden 412 Locust St., Philadelphia, PA 19106

Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-013 Maintenance Facility 275 S. 5th St., Philadelphia, PA 19106

Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-014 Benjamin Franklin Museum – Post Office

322 Market St., Philadelphia, PA 19106

Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-015

Benjamin Franklin Museum – Underground

317 Chestnut St., Philadelphia, PA 19106

Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-016 Independence Visitor Center

599 Market St., Philadelphia, PA 19106

Same TBD TBD TBD TBD TBD TBD TBD Active

TBD-017 Edgar Allan Poe House

Philadelphia, PA 19123 Same TBD TBD TBD TBD TBD TBD TBD Active

(Locations originate from your “Back Flow Preventer List.xlsx”; device-level details will be completed by the Contractor and validated by the COR.)

Service Levels & Response Times (Outside Annual Cycle)

• Non-Emergency Suspected Failure (Domestic): On-site response within 1 business day of notification; corrective action within 10 business days unless long-lead parts or access constraints exist (communicated to COR).

• Immediate Hazard to Public Water Supply: Dispatch as soon as practicable; coordinate promptly with COR and, when required, PWD IWBC.

Communication & Coordination

• Maintain regular updates to the COR on progress, findings, and upcoming work.

• Shutdowns: Coordinate any planned water shutoff with the COR and provide a minimum two-week notice if park programs/business may be interrupted. Provide 72 hours’ notice before scheduled work for access/escort arrangements.

C.6 PLACE OF PERFORMANCE AND HOURS OF OPERATION

Work will occur across Independence National Historical Park properties at locations defined in the Device Inventory Table and subsequent schedules. Parking is in public areas at Contractor’s cost; public restrooms may be available (subject to COR direction). Avoid damage to property, collections, and historic materials. Coordinate water shutoff schedules with the COR.

Hours of Operation: Work shall be performed generally between 7:00 AM–4:30 PM, Monday–Friday, unless otherwise approved by COR. Early morning work is not permitted. Weekend/holiday work requires prior authorization in writing by the COR. Specific hours may be determined at award. If the NPS determines that the safety of visitors is threatened by the Contractor’s operations, all or part of the Contractor’s operations may be suspended until agreement is reached on additional safety measures and precautions. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

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.

• Special Events: COR will coordinate to minimize impacts during Park events.

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.

Period of Performance:

Base Year 9/28/26 – 9/27/27 Option One 9/28/27 – 9/27/28 Option Two 9/28/28 – 9/27/29 Option Three 9/28/29 – 9/27/30 Option Four 9/28/30 – 9/27/31

C.8 INSPECTION

The NPS reserves the right to conduct any inspection it may deem necessary prior to acceptance and approval of payment, to ensure that all work conforms to the Statement of Work and any applicable standards, regulations, or laws.

C.9 GENERAL CONTRACTOR RESPONSIBLITIES

Deliverables & Quality Assurance Surveillance Plan (QASP) Deliverables (What the Contractor Must Submit)

1. Accident Prevention Plan – prior to mobilization.

2. Annual Testing Schedule – submitted before mobilization and updated as needed.

3. Completed Device Inventory Table – with all required fields (size, type, serial, device location, last test date, next due date).

4. Annual Test Certificates & Reports – device-by-device results; copies to COR; formal submittal to PWD IWBC.

5. Maintenance & Repair Reports – per incident/device, including corrective actions and final test results.

6. New/Replacement Device Proposals – when required to meet code (type/specs, cut sheets, installation method, schedule, cost).

7. Progress Reports – written updates within 2 business days after any on-site work.

8. Shutdown Notifications – required advance notices (e.g., two weeks if programs may be impacted).

9. Final Acceptance Report(s) – per work package, confirming compliance and readiness.

10. Records Retention – maintain all testing/maintenance/compliance records for three (3) years and provide upon request.

Quality Assurance Surveillance Plan (QASP) How the Government will evaluate Contractor performance:

• Timeliness o Annual testing NLT September 30 each year.

o Response times met: Domestic (1 business day), immediate dispatch for public water hazards.

• Accuracy & Completeness o Inventory fully populated, validated, and kept current.

o Test/repair reports include device ID, location, size, type, make/model, serial, test results, and corrective actions.

• Compliance o Work performed by City-Certified technicians; meets PWD, OSHA, Park safety policies; test results submitted to PWD IWBC and COR.

• Communication o Regular updates to COR; required notices and immediate hazard/incident reporting are met.

• Quality of Work o Devices pass final acceptance testing; no damage to historic fabric or Park property; adherence to the Secretary of the Interior’s Standards.

Deliverable Packaging & Format

• All reports shall be digital (PDF or Word) and include device-level details. Inventory should be maintained in Excel and PDF formats, updated after each testing/repair cycle, and transmitted to the COR.

Notification & Reporting

• Provide a written progress report to the COR within 2 business days of any work performed and immediate notification of identified deficiencies, safety hazards, or incidents.

Inspection, Testing & Procedures

• Develop procedures consistent with industry best practices and regulatory requirements; ensure test reports are complete and submitted to PWD IWBC and the COR.

Quality Assurance & Control

• Implement a Quality Assurance program documenting all inspections, tests, maintenance, and corrective actions.

Final Acceptance

• Verify devices are fully operational and compliant; submit a Final Acceptance Report including device location, size, type, and inspection outcome for COR review and acceptance.

Records Retention

• Retain all testing/maintenance/compliance records for three (3) years and provide upon request.

C.10 CONTRACTOR/EMPLOYEE QUALIFICATIONS

a) Philadelphia Water Department (PWD) Regulation 403 requires approved backflow protection on domestic service connections, annual testing by City certified personnel, and submittal of test results to PWD Industrial Waste & Backflow Compliance (IWBC) (9001 State Road, Philadelphia, PA 19107).

b) Certified Personnel Assign only personnel holding appropriate city licenses and certifications for backflow testing and service. Proof must be submitted with quote as specified in section L.2 and after award provide credential documentation to the COR upon request.

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:

Superintendent's Compendium - Independence National Historical Park (U.S. National Park Service)

• 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).

• Comply with all local, state, and federal requirements for backflow prevention and potable water quality, including PWD guidelines and applicable OSHA standards. Follow Park safety policies (Hot Work, Lockout/Tagout, Construction Safety).

Where OSHA regulations and ANSI standards conflict, OSHA regulations will take precedence.

• Permitting & Federal Jurisdiction - Because INDE is a federal jurisdiction, City permits are generally not required, except for connections to water lines or street closures where applicable. All new work proposals will be reviewed under NHPA and NEPA prior to commencement; the COR will coordinate the Park’s interdisciplinary review.

• 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. The contractor shall maintain the ability to contact 911 or, Park dispatch (215-597-7077) within 15 minutes in case of an emergency.

4. 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)

https://www.nps.gov/subjects/policy/upload/RM-50B_Contents.pdf?msclkid=621da23cc59111ec9bbf5daecf70f928 https://www.nps.gov/subjects/policy/upload/RM-50B_Contents.pdf?msclkid=621da23cc59111ec9bbf5daecf70f928 https://www.nps.gov/inde/learn/management/compendium.htm https://www.ecfr.gov/current/title-36/chapter-I/part-2 https://www.ecfr.gov/current/title-36/chapter-I/part-2

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:

1. Name or responsible party to ensure program compliance.

2. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract.

3. Personal Protective Equipment required for the work under the contract.

4. Appropriate OSHA requirements for the type of work under the contract.

5. Weather considerations for the time of year of the contract.

6. Communication issues and locations of the nearest medical facilities to the job site.

7. Emergency numbers to contact if an accident happens.

8. Outline of the methods proposed to ensure property protection and safety of the public, National Park Service personnel, and

Contractor’s employees.

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 INDE 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 INDE 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 Philadelphia 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.

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 INDE 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

Prior to commencement of the Work a site visit will be scheduled by the COR/POC to ensure that the Contractor and project POC/COR visually identify and agree upon the Scope of Work to be accomplished under the contract. Other areas that may be discussed to 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:

a) Contractor personnel should not in any way represent themselves as government employees. Contractor personnel shall wear badges clearly identifying them as contractors when working outside of government office space. Badging should be visible at all times. In addition, contractor personnel shall dress in clothing appropriate to the office/environment in which they are working.

b) Government office space occupied by contractor personnel shall be clearly labeled with the individual’s name and/or company affiliation.

c) Contractor personnel shall be clearly identified as “contractors” in printed material such as telephone directories, etc. They shall be listed separately on organization charts or any other document that shows direct lines of supervision.

d) Contractors shall provide proper identification when making phone calls or speaking to others during performance of their scope of services. This means they shall indicate to the other party that they are a contractor, rather than a government employee.

e) Contractor personnel shall complete all necessary computer and security training/documentation before receiving access to the NPS computer network.

f) Contractor personnel shall not receive "all-employee" e-mail or other communications intended for NPS employees, unless it relates directly to the work the contractor is doing for the NPS or involves health or safety issues, for example security alerts or severe weather conditions. They shall not have access to internal NPS web pages, unless it relates directly to the work the contract employee is doing for the NPS.

g) Contractor personnel may use NPS e-mail systems when it is required to perform the work the contractor is doing for the NPS. The e-mail addresses of the contractor must include a label that identifies their contractor status (e.g. John Doe contractor would have an e-mail address john_doe@contractor.nps.gov). In addition, contractor personnel shall indicate in their e-mail signature block that they are a contractor and the contractor for whom they work. Doing so clearly identifies this individual each time they send an e-mail message using the NPS system, and it identifies their status as a contractor employee in the e-mail directory.

h) Unless stipulated in the contract, contractor personnel shall not drive government vehicles.

i) Contractor personnel are not authorized to purchase property and supplies with government funds.

j) Generally, all Government-furnished property shall be set forth in the contract or agreement; however, when it is not, use of additional property must be approved, in advance, by the CO.

k) Contractor personnel shall not be invited to official NPS “social” events, functions, meetings, or orientation tours which are not specific to the contract. However, attendance of contractor personnel at staff meetings, which convey some benefit in the contractor personnel performing their contractual duties, is allowed at the discretion of the CO.

http://www.gpoaccess.gov/ecfr/

l) Contractor personnel must sign appropriate agreements to protect sensitive, privileged and confidential information.

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;

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

(B) Requesting removal of unsuitable contractor employees;

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

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

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.

4. Access & Escorts: Provide escorted access via NPS staff for Contractor while inside Park buildings unless the Park approves unescorted access via an NPS approved federal background check and credentials; practicality will be determined by the

COR.

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

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

2. The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, cultural, or archeological data the contractor must notify the CO and COR in writing within 24 hours of first discovery. The notification must indicate time of discovery, the nature of the findings and location.

3. Immediately stop work if paleontological, archaeological, or historical remains (including burials or skeletal material) are encountered, until work is permitted to resume by written order from the CO. the contractor must notify the CO and COR in writing within 24 hours of first discovery. The notification must indicate time of discovery, the nature of the findings and location. The CO and/or COR will notify the Regional Archaeologist, so the provisions of 36 CFR 800.7 (Resources Discovered During Construction) and other relevant laws are followed. Work in other areas may proceed as approved by the

CO.

4. Where appropriate by reason of discovery, the CO may order delays in the time of performance and/or changes in the work.

If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

5. The Contractor must insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

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:

• Maps

• Access Code

• Information & Records: Provide available technical specs, historical data, and prior compliance records to support testing and inventory.

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 m a y b e 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) https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

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:

A. Prime Contract Number and Subcontract Number (if applicable) B. The name and address of the Prime Contractor.

C. The name and address of the subcontractor.

D. The date upon which the subcontract was entered into and its duration.

E. A detailed description of the work being subcontracted.

F. Project Name and Location of Work.

G. Identify the names of any intermediate subcontractors (if applicable) H. Must be signed by both Prime Contractor and Subcontractor

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

SECTION D—PACKAGING AND MARKING

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