B08_-_Solicitation_Rev_1_9_16_26_0001.pdf

SECTION A - TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule A Solicitation/Contract Form 1 B Schedule of Items 5 C Description/specifications/requirements 6 D Packaging and Marking 33 E Inspection and Acceptance 33 F Deliveries or Performance 33 G Contract Administration Data 34 H Special Contract Requirements 41

PART II – Contract Clauses I Contract Clauses 44

PART III – List of Documents, Exhibits, and Other Attachments J List of Attachments 57

PART IV – Representations and Instructions K Representations, Certifications, and Other Statements of Offerors 58 L Instructions, Conditions, and Notices to Offerors 67 M Evaluation Factors for Award 76

Solicitation Number: 140P5326Q0035 Title: Septic & Vault Toilet Pump-Out Services – Big Cypress National Preserve Type: Request for Quotation (RFQ) Authority: FAR Part 12, FAR Part 13, RFO FAR 12.201-1 Set-Aside: Total Small Business Set-Aside NAICS: 562991 – Septic Tank and Related Services PSC: Z1ND – Maintenance of Waste Facilities Contract Type: Firm-Fixed-Price (FFP), Base + Four Option Years Submission: Electronic only (email) SAM Registration Required LPTA Evaluation

SECTION B - SCHEDULE OF SERVICES

19.

ITEM

NO.

20.

SCHEDULE OF SERVICES

21.

Estimated

QTY

22.

UNIT OF

MEASURE

23. UNIT

PRICE 2

T O T A L

Base Items NOTE: Estimated quantities is not guaranteed. Contractor shall enter unit prices in all sub-CLINs; failure results in non-responsive pricing.

00010 BASE YEAR SERVICES

Base Year: September 23, 2026 – September 22, 2027:

As-Needed Septic & Vault Pump-Out Services

0010AA – Routine Pump-Out (Minimum 5,000 Gallons per Event)

Description: Pump-out of septic/vault systems, min. 5,000 gallons; includes pump truck, labor, transport, in accordance with Section C – Septic & Vault Pump- Out Services SOW.

0010AB – Additional Gallons (Above 5,000 Gallon Minimum)

Description: Additional waste volume pumped beyond minimum threshold.

0010AC – Emergency Pump-

Est: 60,000 Gal

Est: 6 Each

Est: 12 Each

Each

Out (12-Hour Response, Any Tank)

Description: Emergency event service within 12 hours of government request in accordance with Section C – Septic & Vault Pump-Out Services SOW

0010AD – Disposal Fees

Description: Treatment facility disposal fees in accordance with

Out Services SOW

0010AE – Mobilization / Demobilization (Per Trip)

Description: Travel & mobilization cost to remote BICY locations, in accordance with Section C – Septic & Vault Pump-Out Services SOW

0010AF – Spill Response / Cleanup (If Required)

Est: As Needed

Base Year Total $

00020 OPTION YEAR 1

SERVICES: Option Year 1:

September 23, 2027 – September 22, 2028

0020AA – Routine Pump-Out

Event)

Description: Pump-out of septic/vault systems, min. 5,000 gallons; includes pump truck, labor, transport, in accordance with

0020AB – Additional Gallons (Above 5,000 Gallon Minimum)

Description: Additional waste volume pumped beyond minimum threshold.

0020AC – Emergency Pump-

Tank)

Description: Emergency event service within 12 hours of government request, in accordance

0020AD – Disposal Fees disposal fees, in accordance with

0020AE – Mobilization /

Description: Travel & mobilization cost to remote BICY locations, in

0002AF – Spill Response /

Option Period 1 Total

00030 OPTION YEAR 2

SERVICES: Option Year 2:

September 23, 2028 – September 22, 2029

0030AA – Routine Pump-Out

Event)

Description: Pump-out of septic/vault systems, min. 5,000 gallons; includes pump truck, labor, transport, in accordance with

0030AB – Additional Gallons

Minimum)

Description: Additional waste volume pumped beyond minimum threshold, in accordance with

0030AC – Emergency Pump-

Tank)

Description: Emergency event service within 12 hours of government request, in accordance

0030AD – Disposal Fees disposal fees, in accordance with

0030AE – Mobilization /

Description: Travel & mobilization cost to remote BICY locations, in

0003AF – Spill Response /

Option Period 2 Total

00040 OPTION YEAR 3

SERVICES: Option Year 3:

September 23, 2029 – September 22, 2030

0040AA – Routine Pump-Out

Event)

Description: Pump-out of septic/vault systems, min. 5,000 gallons; includes pump truck, labor, transport, in accordance with

0040AB – Additional Gallons

Minimum)

Description: Additional waste volume pumped beyond minimum threshold, in accordance with

0040AC – Emergency Pump-

Tank)

Description: Emergency event service within 12 hours of government request, in accordance

0040AD – Disposal Fees disposal fees, in accordance with

0040AE – Mobilization /

Description: Travel & mobilization cost to remote BICY locations, in

0004AF – Spill Response /

Option Period 3 Total

00050

OPTION YEAR

4SERVICES: Option Year 4:

September 23, 2030 – September 22, 2031

0050AA – Routine Pump-Out

Event)

Description: Pump-out of septic/vault systems, min. 5,000 gallons; includes pump truck, labor, transport, in accordance with

0050AB – Additional Gallons

Minimum)

Description: Additional waste volume pumped beyond minimum threshold, in accordance with

0050AC – Emergency Pump-

Tank)

Description: Emergency event service within 12 hours of government request, in accordance

0050AD – Disposal Fees disposal fees, in accordance with

0050AE – Mobilization /

Description: Travel & mobilization cost to remote BICY locations, in

0050AF – Spill Response /

Option Period 4 Total $ Base Total

Options Total $

Base and Optional Total $

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.

Estimated quantities shown in this schedule are provided solely for pricing guidance.

They are not guaranteed, do not represent minimum or maximum ordering levels, and shall not be relied upon as actual quantities to be performed.

All quantities under this contract are “as-needed” and will be ordered by the Government at the unit prices established in the Schedule of Services (Section B).

Contractors shall price each CLIN independently, regardless of estimated quantities.

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

Big Cypress National Preserve (BICY) — Septic & Vault Toilet Pump-Out Services

C.0 NATIONAL PARK SERVICE

The National Park Service (NPS) manages and protects natural and cultural resources across national parks for current and future generations. BICY requires professional Septic and Vault pump out services and perform associated work in accordance with safety standards, NPS policy, and environmental/resource protection requirements.

C.1 Big Cypress National Preserve (BICY)

Big Cypress National Preserve (BICY) maintains approximately 48 septic tanks and vault toilets ranging between 900 and 2000 gallons. Pump-outs are not scheduled and occur as-needed, typically in response to system backups or seasonal campground use.

The contractor shall provide emergency and pre‑scheduled pump‑out services, including removal, transport, and disposal of wastewater/sludge at an approved treatment facility. All work must follow applicable local, state, and federal regulations. The contractor is responsible for all spills, documentation, fees, and disposal reporting.

This contract is a Firm‑Fixed‑Price Requirements Contract. The Government estimates 60,000 gallons per year based on the Independent Government Estimate (IGE). These quantities are not guaranteed and are provided solely for pricing purposes. Services are ordered by the COR strictly on an as-needed basis.

C.2 BACKGROUND

Big Cypress National Preserve maintains 48 septic and vault toilet systems throughout the park. Pump-outs occur when tanks are full and are typically unscheduled and emergency in nature. Wastewater/sludge must be transported and disposed of at an approved treatment center.

C.3 SUMMARY OF WORK

The contractor shall:

• Pump-out septic tanks and vault toilets as requested

• Transport wastewater/sludge to the closest approved facility

• Dispose of all material at a licensed treatment center

• Report and remediate spills promptly

• Provide all documentation required by Section D

C.4 PLACE OF PERFORMANCE AND HOURS OF OPERATION

Performance Period:

Base Year: September 23, 2026 – September 22, 2027

Option Year 1: September 23, 2027 – September 22, 2028 Option Year 2: September 23, 2028 – September 22, 2029 Option Year 3: September 23, 2029 – September 22, 2030 Option Year 4: September 23, 2030 – September 22, 2031

Standards:

All service must comply with local, state, and federal regulations. Contractor shall inspect tanks for leaks and maintain safe conditions.

Response Time:

Emergency requests: within 12 hours of notification Pre‑scheduled requests: within 2 hours

Documentation & Fees:

Contractor shall:

• Pay all transport and disposal fees

• Properly label all loads

• Submit disposal reports showing date/time, location, and quantity

• Submit invoices within 30 days of service completion

Locations:

Locations are shown on Google Earth maps and tank inventory attachments.

Hours of Operation:

Work shall be performed between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, federal holidays excluded, unless authorized 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.

Contractor Responsibility for Spills:

Spills must be immediately reported to Everglades Dispatch at 305-242-7740 and remediated by the contractor

C.5 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 Contractor shall:

• Arrange and schedule all work so as not to interfere with normal activities of the Big Cypress National Preserve

(BICY)

• Notify the COR/CO in writing of the proposed work schedule, i.e. typical work day and project timetable within seven (7) calendar days of mobilization and beginning work at any work site, to allow for coordination with any public events and normal Park operations.

• Once work begins, the contractor shall coordinate on site activities with COR, and as a curtesy, if the contractor will not be on site for any reason, they must communicate that in writing (email acceptable) at least 24 hours in advance of planned deviation, or within 24 after an unplanned deviation to schedule, in that communication they must also include their planned return date.

• Work will not be conducted when weather conditions preclude safe operations, such as high winds, moderate to heavy precipitation, slick surfaces due to rainy conditions, and low light levels.

• Extended daylight hours may be approved by the CO upon request in writing and with 48 hours’ notice.

BICY may subject to special events both scheduled and unscheduled, where additional security and restricts may be put in place. During such events the COR and Contractor shall coordinate reduced and/or restricted access to BICY during this time.

C.6 MINIMUM SAFETY REQUIREMENTS

The Contracting Officers Representative (COR) and/or Point-of-Contact (POC) will check for ALL these minimum safety requirements prior to work starting and frequently throughout the project. Any violation of these requirements will require the associated work to stop until these requirements are met.

1. Prior to work commencing on site, a site-specific safety plan shall be prepared and submitted by the contractor covering on-site work to be performed by the contractor and any subcontractors. The plan shall cover topics such as appropriate PPE (hardhat, eye protection, ear protection, chainsaw chaps while operating chainsaws, climbing equipment, etc.), and any other reasonable safety related topics commensurate with the size and nature of this work.

2. All employees shall have and use adequate Personal Protective Equipment (PPE) including, but not limited to, hard hat, hearing protection, eye protection, sturdy footwear, and gloves. When running a chainsaw, or within 10 feet of a running saw, chaps shall be worn. Chaps shall be free of saw cuts and other significant damage. The Contractor is responsible for providing all necessary tools and supplies, and appropriate PPE.

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 have at least one First Aid certified employee on site during cutting operations. The First Aid certified employee shall carry written certification showing currency.

5. The contractor shall maintain the ability to contact 911 or OCRA within 15 minutes in case of an emergency. Cell phone coverage is limited in the work area. Radio frequencies for OCRA may be provided upon request.

Government radios will NOT be provided.

6. No work activities under this contract shall be performed in sustained winds greater than 25 mph, in whiteout conditions, in an area under active flood warning, or when snow depth or avalanche conditions prohibit safe access to the work site.

C.7 PERSONAL PROTECTIVE EQUIPMENT (PPE)

A. The Contractor shall furnish personal protective equipment (PPE) to crew members respective of the type of work being completed (i.e., hard hat, eye and hearing protection, leather gloves, saw chaps, etc. for chainsaw work).

B. 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.

C. 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.

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

C.8 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.9 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 http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id 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.10 FIRE PREVENTION AND PROTECTION

• Any accidental fire starts shall be reported immediately to COR and/or BICY 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 BICY 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.

• Protection Equipment Required: Furnish a minimum of one extinguisher for each 1,500 square feet of area or major fraction thereof and a sufficient number to meet the requirement that a travel distance from any workstation to the nearest extinguisher shall not exceed 75 feet. Fire extinguisher shall be of type and size appropriate for the work but no less than 10lb.

C.11 GLOBAL POSITIONING SYSTEM (GPS)

GPS equipment may be required for this contract to ensure accuracy; equipment must have an accuracy of +/- 10 meters and be capable of accepting/uploading shape files or track logs.

C.12 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.13 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 BICY at any time.

C.14 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.

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

• Contractor shall clean site of all construction debris and leave site in a neat and orderly appearance with walkways clean and clear at the end of each work day.

• Loud noise must be kept at a minimum.

C.15 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.16 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 http://www.gpoaccess.gov/ecfr/ 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.17 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. Exposure of any food or residues which could attract bears is strictly prohibited.

C.18 KEY PERSONNEL

The contractor shall provide a supervisor who shall be responsible for the performance of the work. The name of this person 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. The contract manager or alternate shall be available between 0600 to 1900, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

Qualifications for all key personnel shall be provided.

a) Construction Personnel – Project Manager, On-Site Superintendent, Quality Control, Site Safety and Health

Officer: If one individual will serve in multiple roles, identify all the proposed roles and functions that individual will perform. Identify the extent of the capabilities and experience for each individual in their proposed roles and previous work experience working with proposed subcontractors. Include relevant safety training and certifications. The Project Manager and on-Site Superintendent are identified as Key Personnel.

C.19 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.

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

C.20 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;

(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;

mailto:john_doe@contractor.nps.gov

(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.

C.21 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.22 SUPERVISOR

A working (English literate) supervisor, who is knowledgeable and experienced in the required work and supervision, shall be provided for each crew and is required to stay with the crew while work is in progress, If the crew is non-English speaking, the supervisor must be bi-lingual in English and the language of the crew members.

C.23 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.24 WORK PLAN

The Government may request a work plan to be submitted with the price proposal. The Government shall furnish the Contractor with a written request that shall include all documentation necessary for the Contractor to prepare a work plan for the individual requirement. Work plan requests, if needed, shall be specific to the requirement. The work plan is the Contractor's overall estimate for the completion of the requirement and shall include the following:

1. Date of commencement of work and any necessary revision to the Government's requested schedule of performance.

2. In the event certain items and/or services are required and are not contained or priced in the contract schedule, the

Contractor shall immediately contact the NPS Contracting Officer for appropriate guidance.

The Contractor's Work Plan is subject to review by the Contracting Officer and COR. After the contract is issued, if any revision due to scope change becomes necessary that impacts the firm fixed price or other performance metrics of the task order, the Contractor shall promptly submit to the Contracting Officer a revision to the Work Plan and any impacts on price, along with explanatory notes. Revised work plans submitted by the Contractor are subject to review and approval by the Contracting Officer.

C.25 QUALITY CONTROL PLAN

The contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the contract are provided as specified. The Government shall inspect completed units as a basis for acceptance and payments, and to provide recommendations to improve work quality while work is in progress. The Contractor is responsible for providing quality control to assure that work complies with requirements of contract specifications.

All work included in the contract specifications shall be subject to inspections by the Government at periodic intervals during the performance of this contract. The Government will inspect units within 14 calendar days of receipt of the Contractor’s request for inspection, unless weather limits access, site is covered in snow, or some other act of god prevents a quality inspection. Treatment inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

Inspections shall be made based on the locations identified in Section D.3 and D.8.

A. ACCEPTABLE QUALITY LEVEL

Acceptance of work shall be based on compliance with all requirements of this Contract. A minimum basic quality of 90 percent is required. Work quality percentage of 100% for the following items shall be required to pass inspection:

1. All work has been provided as required, specifically as in Section D.3 – Summary of Work, D.4 – Objectives/Tasks and D.5 – Other Incidental Work.

2. Ensure Contractor complies with D.9- General Contractor Responsibilities

3. Ensure Contractor maintains qualification under D.10 – Employee Qualifications

4. Ensure Compliance with Safety Requirements identified in D.12 – Safety, D.13 – Minimum Safety

Requirements, D.14 – Personal Protective Equipment (PPE) as identified in the required safety plan in D.15 – Safety Plan.

B. UNSATISFACTORY WORK

If the work quality falls below 90 percent, the COR shall immediately notify the CO and the Contractor in writing.

The CO, COR and Contractor shall meet and discuss the unsatisfactory work and how to resolve any issues to bring the work back to an acceptable level.

C. PERFORMANCE TIME

In the event that work is performed that is found not in compliance to the requirements of the contract, the Government is not liable for costs incurred by the Contractor to bring work into compliance that is without the fault or negligence of the Government.

C.37 INSPECTION AND ACCEPTANCE

All Inspection/Acceptance shall be in accordance with FAR 52.212-4 – Contract Terms and Conditions – Commercial Products and Commercial Services (a) Inspection/Acceptance.

The Government shall inspect completed units as a basis for acceptance and payments. Government inspections for thinning/hand piling and covering piles will be made periodically as work progresses, or as work is completed, to determine acceptability of method and manner of performance, the end-product of operations, and to make measurements for payment.

All work included in the contract specifications shall be subject to inspections by the Government at periodic intervals during the performance of this contract. The Government will inspect units within 14 calendar days of receipt of the Contractor’s request for inspection, unless weather limits access, site is covered in snow, or some other act of God prevents a quality inspection. Treatment inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

C.37.1 Government Quality Assurance Verification

All work included in the contract specifications shall be subject to inspections by the Government at periodic intervals during the performance of this contract. Treatment inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

The Government may review Contractor generated inspection records and/or conduct government verification inspections to determine compliance with performance standards. The Government will inspect completed units as a basis for acceptance and payments, and to provide recommendations to improve work quality while work is in progress. The Contractor is responsible for providing quality control to assure that work complies with requirements of contract specifications.

Determination of the acceptability of the work performed will be based on these verification inspections and will be considered conclusive. Verification inspection of a Unit may or may not be performed immediately following the work. The Contractor or a designated representative is encouraged, but not required to observe inspections while they are underway.

Government verification may consist of visual observation of operations or establishment of inspection plots.

Inspection plots will be randomly located throughout the unit so as to obtain a representative sample of the work.

Each individual unit will be inspected separately and inspection results on one unit will not be averaged with inspection results on other units, unless notified otherwise.

C.37.2 Re-work/Replace

In the event that the Government’s inspection identifies contract work not meeting contract specifications, the Contractor may be given the opportunity to rework the entire unit or the portion(s) not meeting the requirements.

The Government will re-inspect the unit upon completion of the rework.

C.37.3 – Acceptance

Acceptance of work shall be based on compliance with all Schedule B Specific Tasks that correspond to the treatment. A minimum basic quality of 95 percent is required. Work quality percentage of 100% for the following items shall be required to pass inspection:

1. All work has been provided as required, specifically as in Section D.3 – Summary of Work, D.4 –

Objectives/Tasks and D.5 – Other Incidental Work.

2. Ensure Contractor complies with D.9- General Contractor Responsibilities

3. Ensure Contractor maintains qualification under D.10 – Employee Qualifications

4. Ensure Compliance with Safety Requirements identified in D.12 – Safety, D.13 – Minimum Safety

Requirements, D.14 – Personal Protective Equipment (PPE) as identified in the required safety plan in D.15 – Safety Plan.

C.37.4 – Unsatisfactory Work

If the quality of work does not meet the standards outlined in this Scope of Work, the COR/POC will document instances of un-acceptable work with photos and a description of non-compliance. The Contractor will be notified by the CO of all findings of non-compliance. The contractor shall be responsible for correcting all unsatisfactory work within ten (10) business days of notification, unless otherwise agreed to.

C.38 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.

Soil moisture greater than 20% at a depth of 6 inches.

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

COR.

HISTORICA/ARCHEOLOGICAL/CULTURE RESOURCES – see D.40 below.

C.39 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.40 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.41 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.42 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.43 NOXIOUS WEED/SPECIES/PATHOGEN CONTROL

A. Wash any equipment (and transport trucks) at an approved site prior to entering the project area. This is particularly important when transporting material or equipment from relatively distant areas.

B. Erosion control materials must be made from materials with no potential weed contamination. Accepted materials include coconut, jute, and wood fiber.

C. Any floating silt screens or similar construction aids shall be brand new (unused) or have been newly washed and disinfected; submit documentation.

D. Comply with any other specific protocol required by the station to minimize potential introduction of invasive species such as rodents or plants that could be transported by equipment, materials, personnel, or food products.

C.44 MATERIAL & EQUIPMENT TRANSPORTATION, HANDLING AND STORAGE

A. Contactor shall have a representative on site to receive material deliveries, and the contractor shall remain responsible for all material deliveries whether their representative is on site at the time of delivery or not.

B. Government-owned equipment is not available for Contractor’s use to accomplish any Work, and Government buildings and other facilities are not available for storage of Contractor’s materials, equipment, and tools.

C. Transport, handle, and store materials and equipment in accordance with the manufacturer’s written instructions, and in a secure manner.

D. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. Protect liquids from freezing.

E. The Contractor may leave its equipment and Government-furnished property at the work site. The Contractor shall be responsible for the Contractor's equipment and Government-furnished property if it should be lost, stolen or damaged.

F. Promptly remove from the project site any materials or equipment that are damaged or are otherwise unsuitable.

C.45 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:

• Threatened and Endangered Species information,

• Cultural survey information

• Reporting formats

• Additional Map or Photos that were not available during solicitation process.

C.46 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.47 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.48 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.49 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.50 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.51 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…