Sol_140P8519Q0004.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

PPO

San Francisco CA 94104 Suite 500 333 Bush Street

NPS, PWR - SF/SEA MABO

CODE 16. ADMINISTERED BYCODE

X

X

X

561990

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORPPO

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/21/2019 1230 PT

04/29/2019

(206) 2204126Brian Cyr (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P8519Q0004

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 63 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

San Francisco CA 94104 Suite 500 333 Bush Street

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NPS, PWR - SF/SEA MABO

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Aboveground Storage Tanks (AST) and Underground Storage Tanks (UST), Monitoring, Reporting and Repair in Yosemite National Park, CA.

Period of Performance: 07/01/2019 to 06/30/2024

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Liset Gomez

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

63 2 of

FUEL STORAGE TANK OPERATION, MAINTENANCE, REPAIR and FACILITY INSPECTION SOL. NO. 140P8519Q0004 NPS YOSEMITE NATIONAL PARK Page 3 of 63

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

This requirement is for a Multiple Year Indefinite Delivery, Indefinite Quantity (IDIQ) Firm Fixed Price Commercial Items Services contract Aboveground Storage Tanks (AST) and Underground Storage Tanks (UST), Monitoring, Reporting and Repair in Yosemite National Park, CA.

The IDIQ contract contains a one-year Base plus four (4) additional one-year options.

The maximum value of this contract is $450,000.00, including options.

The minimum guarantee is $50,000.00 that will satisfy the minimum guaranteed quantity to be ordered on this contract, including options. The minimum guarantee may be satisfied by one task order or the cumulative value of multiple task orders and/or modifications.

See Attachment 1 for Schedule of Items.

PERIOD OF PERFORMANCE: See Section F

(End of Section B)

NPS YOSEMITE NATIONAL PARK Page 4 of 63

SECTION C – STATEMENT OF WORK

1.0 Background

The National Park Service (NPS) at Yosemite National Park (Government) currently owns and is responsible for the management of eight (8) fuel storage tanks, piping, dispensing facilities, monitoring equipment, alarms and ancillary equipment at multiple locations throughout the park. These facilities currently consist of two (2) aboveground storage tanks (AST) and six (6) underground storage tanks (UST), any one of which may be removed at any time during the period of this contract. If a tank is removed it would be at the responsibility of the NPS and outside the scope of this contract. Table 1 at 2.0 provides a mileage summary of these facilities and Figure 1 shows the geographical location of these facilities.

This contract shall be one (1) base year, with four (4) option years, beginning approximately on June 1st, 2019.

There are a multitude of different regulations from various State and Federal Agencies that pertain to USTs and ASTs, it is required that the successful bidder meet and comply with all regulations that pertain to the various facilities identified in this Request for Quote (RFQ) including the duties of the “Designated Tank Operator”.

Yosemite National Park covers a wide geographic area with five major operational districts. The elevations of these districts range from 2000’ to 8575’ and are subject to a wide range of weather conditions typical for the Sierra Nevada Mountains. The performance of work in Yosemite National Park can be greatly affected by the weather in the Sierra Nevada Mountains and by park visitation. While summers are generally mild, afternoon thundershowers and hailstorms are common during the summer season. Winter conditions generally set in by October or November, although snowstorms can occur at any time. Chains are often required when snow and ice are on park roads. The Tioga road that serves Tuolumne Meadows (at 8,575 feet) typically closes with the first significant snowfall. During the summer months the Park is visited by more people, which can cause an increase in traffic on park roads. The time of travel between different places in the park can vary depending on these traffic conditions. During holiday weekends the park has the highest number of visitors and during November visitation is usually at the lowest level. There are no compensations in this contract for access to facilities due to traffic, weather or natural events.

2.0 Scope of Work

Inspection, testing, adjustments, parts replacement, repairs, and clean-up tasks shall be performed in accordance with the operation and maintenance manuals provided for these facilities, system component manufacturer's recommendations, all applicable petroleum equipment service industry standard practices and California State and Federal regulations. Operation and maintenance manuals are available for most of the park fuel supply facilities. "As built" construction drawings are also available for most of the facilities and are included in the operation and maintenance manual. For facilities that don’t have necessary documents and drawings the successful quoter shall work with NPS contracting officer represntative to obtain these documents. The Contractor shall designate a licensed “Designated Tank Operator” who shall supervise the fieldwork, report preparation and submittals. "Supervision" in this

NPS YOSEMITE NATIONAL PARK Page 5 of 63 context is interpreted to mean a supervisory role or coordinating over all aspects of this service and repair contract. The qualifications of this person shall be submitted for evaluation as requested Section 4.5.

Employees that serve as “Designated Tank Operators” or other positions must be certified by the “International Code Council” (ICC) for the particular activity performed.

Table 1

Town/City Road Miles Estimated Travel Time From Yosemite Valley

NORTH via Route 120 Crane Flat 16 0:35 Hodgdon Meadows 25 0:45 Groveland 50 0:54 Big Oak Flat 52 0:55 Sonora 75 1:26 Oakdale 95 1:53 Modesto 107 2:16 Manteca 115 2:07 Stockton 129 2:25 WEST via Route 140 El Portal 14 0:42 Mariposa 44 1:08 Merced 83 1:51 Turlock 105 2:17 SOUTH via Route 41 Chinquapin 14 0:32 Wawona 25 0:55 Fishcamp 29 1:10 Oakhurst 41 1:23 Madera 82 2:18 Fresno 89 2:22 EAST via Route 120 Tuolumne Meadows 65 1:00 Lee Vining 71 1:15 Bridgeport 96 1:41 Bishop 136 2:27 Mammoth Lakes 106 2:30

3.0 Objective

The National Park Service at Yosemite National Park, California, will enter into a contract to secure the services of a vendor possessing adequate knowledge, expertise, and qualified field service personnel to furnish the Government with the required level of preventive maintenance and operation for the park's fuel tanks and hazardous waste storage facilities and related equipment identified herein. In addition to the above, it is the purpose of this Request for Quote (RFQ) to secure the services of a firm that will assist Yosemite National Park in obtaining and maintaining facility permits and compliance regulated by

NPS YOSEMITE NATIONAL PARK Page 6 of 63

Mariposa County and Tuolumne County as required by all State of California and Federal agencies. It shall be the responsibility of the Contractor to schedule and participate in audits and inspections conducted by regulators. NPS will provide payments of annual fees directly to the municipality, outside the scope of this contract.

The intent of this service contract is to maintain park fuel supply facilities at the highest level of reliability and reduce the number of days that these facilities are out of service to the lowest level.

It is the Contractor's responsibility to assure the highest level of facility reliability through the provisions of this contract including: preventive maintenance; system component testing; and the performance of repairs as needed and approved by the Government to maintain facility compliance and sustain facility reliability. Facility reliability will be measured in days of full facility operation. Days where the facility is fully operational to the level specified in manufacturer's literature and described in facility operation and maintenance manuals, will be counted as full facility performance days.

It is also the intent of this service contract to reduce the number of alarms caused by preventable facility conditions such as sensor fouling and tank water accumulation. It is the Contractor’s responsibility to assure that alarms attributed to inadequate facility servicing do not occur and that alarms are true indicators of system status and emergency conditions. Facility conditions outside the scope and effect of the Contractor’s monthly facility inspection, adjustment, and testing plan that cause alarms that are not true indicators of system status and emergency conditions will not be attributed to inadequate facility servicing by the Contractor.

4.0 Tasks

Inspection, testing, adjustments, parts replacement, minor repairs, and clean-up tasks shall be performed in accordance with the operation and maintenance manuals provided for these facilities, system component manufacturer's recommendations, all applicable petroleum equipment service industry standard practices and all State of California and Federal regulations. In the event that these materials are unavailable the Contractor shall develop them.

4.1 Documentation of Service Provided:

The Contractor shall keep a complete record of all services performed on each fuel supply facility.

Monthly and annual service documentation will be required by the Contractor for each facility in the form of a written report submitted to the Government. The reports shall be titled using the identification data of each tank as shown in the schedule of items. The reports shall be submitted each month documenting inspection, maintenance, testing, adjustments, clean-up, and repairs performed on each facility. The forms shall meet or be formatted as required by State and Federal regulation and guidance. These reports shall certify that all agreed upon service and repairs have been performed and all regulations have been met.

The Contractor shall record notation of facility component disrepair or failure with an appropriate estimate for making repairs identified. The estimate shall include all labor, parts, equipment, and materials needed to complete the repairs identified. Hard copies shall be located in designated binder at each tank location, each month and one electronic copy of the report shall be submitted each month to the Contracting Officer Representative (COR).

4.1.1 Monitoring Plan:

NPS YOSEMITE NATIONAL PARK Page 7 of 63

The Contractor shall submit a fuel supply system-monitoring plan. The plan shall be formulated and prepared in strict conformance with the most current versions of California Underground Storage Tank Regulations. The focus of this plan is to meet all regulations established for fuel supply systems including storage tanks, piping, monitoring equipment, alarms and secondary containment. Additionally, all other industry codes and regulations pertaining to the monitoring and testing of underground and aboveground fuel supply facilities shall also be included in the monitoring plan. Included in the plan shall also be the recommended upgrades that may be needed to meet upcoming or pending regulation changes. The Contractor shall carry out the activities as described in the approved plan.

4.1.2 Condition Assessment:

The contractor shall provide a report each year identifying deficiencies of each tank and system to establish a list of needed repairs and/or improvements not covered by this maintenance contract but required to remain or return to compliance. The report shall include a comprehensive condition assessment of each facility with Class “C” estimate so Yosemite National Park can plan for future replacement and rehabilitation of the facilities to return to compliance in the event regulations change or rehabilitate facilities as they reach their design life.

4.3 Repairs and Adjustments

It is anticipated that repairs will need to be made throughout the year to maintain the fuel facilities and fulfill the objectives of the contract of maintain park fuel supply facilities at the highest level of reliability and reduce the number of days that these facilities are out of service to the lowest level. The Government reserves the right to have repairs performed outside of this contract by others at anytime, although it is the intent of this contract to have these repairs provided by the Contractor at a fair and reasonable price to the Government. A separate line item for repairs shall be included in the quote as a lump sum. Priority setting and approval of repairs will occur as designated by the COR.

4.3.1 Non-Call Out Repairs

All repairs performed under this contract shall be accomplished at the time of monthly inspection while on-site whenever possible to reduce the cost associated with travel, per diem, and call outs. No repairs are to be performed without written approval from the Contracting Officer. Repairs shall begin within 24 hours after approval and shall be completed within 72 hours from the time of notification to proceed with approved repairs.

4.3.2 Call-Out Repairs

All repairs requested under this contract on a call-out basis shall be accomplished at the earliest possible moment. No repairs are to be performed without written approval from the Contracting Officer.

Emergency repair work must start within a maximum of 24 hours and must be completed within 72 hours of the time of notification unless the contractor can provide adequate written documentation of unavailable parts or equipment. Quote submissions shall reflect hourly call out rate.

4.4 Facility Clean Up and Waste Disposal

NPS YOSEMITE NATIONAL PARK Page 8 of 63

The Contractor shall submit a fuel service facility cleanup plan for each facility, limited to the cleanup of contaminated fuel and water contained within facility components such as the over-spill containment boxes and piping sumps. This plan is not intended to be a general housekeeping plan; however, it does include the removal and disposal of water inside the fuel tanks. The plan shall address the clean up necessary to keep the facility components reliable and in good operational condition and in compliance with regulations. The Contractor is responsible for the delivery of contaminated fuel and water to the Government hazardous waste storage facilities including absorbent materials used in cleanup activities.

The contractor shall provide the containers necessary to transfer and dispose of fuel, water, absorbents, etc. The Government will take responsibility for the disposal of contaminated fuel, water and absorbent materials once delivered to hazardous waste storage facilities. The transport of all hazardous waste shall be confined within the boundaries of Yosemite National Park and the El Portal administrative site. The Contractor shall carry out the activities as described in the approved plan.

4.5 Quality Assurance Quality Control (QAQC)

The Contractor shall provide a QAQC plan to demonstrate they have the capability to maintain sophisticated equipment at the manufacturer’s published specifications for all Yosemite National Park facilities listed on the schedule. The Contractor shall submit, with their quote, a list of technical training and certifications for each person that will be assigned to work on any Yosemite National Park fuel service facility. Training must show level of specialized experience and technical capabilities in such areas of expertise that apply to the Yosemite National Park fuel supply facilities and certificates must be current. Show technician name, and all the certifications, experience and training received. The Contractor shall carry out the activities as described in the approved plan.

5.0 Standards of Compliance

Under this contract it is the responsibility of the Contractor to perform all work in accordance with all the current and applicable State and Federal regulations and guidance and industry standards and codes, including but not limited to the following:

ANSI American National Standards Institute

1430 Broadway

New York, New York 10018

ASTM American Society for Testing and Materials

1916 Race Street

Philadelphia, PA 19103

EPA Environmental Protection Agency

401 M Street, S.W.

Washington, D. C. 20469

FM Factory Mutual Engineering Corporation

NPS YOSEMITE NATIONAL PARK Page 9 of 63

1151 Boston-Providence Turnpike, P. O. Box 9102

Norwood, Massachusetts 02062

NEC National Electrical Code (by NEPA)

NFPA National Fire Protection Association Battery march Park

Quincy, Massachusetts 02269

NIOSH National Institute for Occupational Safety and

Health 1600 Clifton Road, N.E., NIOSH Building 1, Room 3007

Atlanta, Georgia 30333

OSHA Occupational Safety and Health Administration

(U.S. Department of Labor)

Government Printing Office

Washington, D.C. 20402

USC Uniform Building code (by ICBO)

UL Underwriters Laboratories

333 Pfingsten Road

Northbrook, Illinois 60062

6.0 Delivery

The level of Contractor performance for the inspection, maintenance, monitoring, testing, repairs and monthly adjustments required by this contract will be measured in terms of:

1. Facility reliability

2. Facility availability

3. Alarms caused by events related to the lack of preventive maintenance

4. Compliance with State and Federal Regulations

5. Results of inspections and audits by regulators

7.0 Government Furnished Service. Equipment and Labor:

The Contractor shall furnish all necessary personnel, facilities, equipment, materials (including hazmat containers, safety equipment and barricade materials), and transportation to perform the services and repairs agreed upon and described in the plans submitted. Although the Government has resources readily

NPS YOSEMITE NATIONAL PARK Page 10 of 63 available that may be needed by the Contractor to perform the work of this contract, the Contractor shall not rely on the use of these resources. It may be that the Government will perform facility service work and minor repairs on the facilities listed in this contract, but only in best interest of the Government, and not in support of the work to be performed by the Contractor under this contract. Whenever it becomes necessary for the Contractor’s personnel to remove equipment from the park, it shall be removed only with the permission of the Contracting Officer’s Representative. A hand receipting method (DI-IOS property receipt) will be used to control equipment or facility components. The Contractor's personnel shall handle and store equipment and facility components so as not to incur damage while they are in the possession of the contractor.

The Contractor shall notify the Contracting Officer one day in advance of when the work is to be done or schedule the work at the same time each month. The Contractor shall make appropriate use of facility monitoring data and any other information furnished by the Government throughout the contract. The contractor shall provide a contact for emergencies that is available 24/7. The Contracting Officer will designate a Contracting Officer’s Representative (COR) to advise and comment on work conducted under this contract and coordinate the work of the Contractor. When deficiencies are noted, the contractor or his/her representative agrees to certify in writing the correction action to be taken to correct the deficiency and preclude it recurrence.

8.0 Security and Safety

The Contractor shall submit an effective accident prevention plan providing a safe environment for all personnel and visitors. The plan will be evaluated for compliance with OSHA, State and Federal regulations and facility service requirements. The plan shall include:

a. Name of responsible supervisor to carry out the plan.

b. First aid procedures.

c. Training, both initial and continuing.

d. Planning for possible emergency situations, such as hazardous material/waste spills, explosions and fire. Such planning shall take into consideration the nature of response; level of service or possible repair;

site conditions; and degree of hazardous exposure of persons and property.

e. Proof of employees' qualifications to perform assigned duties in a safe manner.

All activities of the Contactor and facility repairs shall be performed in accordance with applicable codes and standards that protect employees of the Contractor and all park employees and visitors. NFPA 30 and 30A; and OSHA Labor Regulation CFR 29, Part 19910.106 specifically address work to be performed on and around facilities where flammable and combustible liquids are stored and transferred such as serviced and repaired under this contract. The Contractor shall also meet applicable and cross- referenced requirements of NIOSH, MSHA and ANSI in the performance of this contract. Under this contract it is the responsibility of the Contractor to perform all necessary testing, documentation, reporting, minor adjustments and repairs to secure annual permits to operate underground and aboveground fuel supply service facilities in compliance with all Federal and State regulations cited herein. The basis of securing permits to operate underground storage tank facilities shall be the most current State of California

NPS YOSEMITE NATIONAL PARK Page 11 of 63 regulation/s promulgated. The regulations most applicable include California Underground Storage Tank Regulations. 2005 Title 23; division 3, Chapter 16, California Code of Regulations, Effective May 5, 1994 and Chapter 6.7, Health & Safety Code published by the State Water Resources Control Board, State of California.

9.0 Place of Performance

Performance of this contract will occur at locations within Yosemite National Park and the El Portal Administrative site in Central California. See Table 1 at 2.0, Figure 1 for a listing of tanks, travel distances and times from Yosemite Valley and their geographic locations.

(End of Section C)

NPS YOSEMITE NATIONAL PARK Page 12 of 63

SECTION F – DELIVERIES OR PERFORMANCE

1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award for a period up to 5 years if options are exercised. Performance periods for task orders will be specifically designated in the individual task orders.

The following clause is incorporated by reference:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

(End of Section F)

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SECTION G – CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.

The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by

FAR42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.milJ. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance.

In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

http://www.cpars.csd.disa.milj/ http://www.cpars.csd.disa.mil/

NPS YOSEMITE NATIONAL PARK Page 14 of 63

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING

PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice

1. Invoice billed according to contract line items and rates.

2. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

3. If final payment is billed, the last invoice shall state “FINAL”.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

NPS YOSEMITE NATIONAL PARK Page 15 of 63

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

(End of Section G)

NPS YOSEMITE NATIONAL PARK Page 16 of 63

SECTION I – CONTRACT CLAUSES

The following clauses are incorporated by reference:

Clause Title Date

52.202-1 DEFINITIONS NOV 2013

52.203-3 GRATUITIES APR 1984

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE JUL 2013

52.209-2 PROHIBITION ON CONTRCTING WITH INVERTED

DOMESTIC CORPORATIONS - REPRESENTATION

NOV 2015

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 DEC 2014

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS

UNDER SERVICE AND CONSTRUCTION CONTRACTS

SEPT 2013

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA

JAN 1997

52.232-11 EXTRAS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS CONTRACTORS

DEC 2013

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT,

AND VEGETATION

APR 1984

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (FEB 2015)

(a) The contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to

Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

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(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEM (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the

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(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

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(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt;

or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

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(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

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(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM

NPS YOSEMITE NATIONAL PARK Page 23 of 63 information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of…