Attachment_1_-_PERFORMANCE_WORK_STATEMENT.pdf

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Attached to
HAFE - HAZARD TREE THINNING FY24 Federal contract opportunity
Solicitation number
140P2124Q0272
Issued by
Department of the Interior National Park Service

About this file

This document is a Performance Work Statement (PWS) for hazard tree mitigation and assessment services at Harpers Ferry National Historical Park (HAFE) in West Virginia, Virginia, and Maryland. The National Park Service is seeking a contractor to provide labor, materials, and equipment to perform tree risk assessments, pruning, felling, and debris removal along trails, roads, and park boundaries. The work includes a base requirement for trail tree mitigation along the Appalachian Trail and 80 hours of tree risk assessments, as well as optional requirements for additional trail work and tree removal at other locations in the park. The contractor must have an ISA Certified Arborist and licensed state-specific Tree Expert on site at all times. The period of performance is September 16, 2024 through March 28, 2025. The related federal contract opportunity is Solicitation Number 140P2124Q0272 issued by the Department of the Interior National Park Service.

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Other files attached to HAFE - HAZARD TREE THINNING FY24, newest first.
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Sol_140P2124Q0272_Amd_0002.pdf PDF
Sol_140P2124Q0272_Amd_0001.pdf PDF
Attachment_4_-_Wage_Determination.pdf PDF
Sol_140P2124Q0272.pdf PDF
Attachment_2_-_Hazard_Tree_Data.xlsx XLSX spreadsheet
Attachment_3_-_Maps.pdf PDF

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PERFORMANCE WORK STATEMENT

Harper Ferry National Historical Park (HAFE)

FY24 PACKAGE 1: Hazard Tree Mitigation & Assessment

D.0 NATIONAL PARK SERVICE

The National Park Service (NPS) is a bureau of the U.S. Department of the Interior (DOI) that has been entrusted with the care of our national parks since 1916. The NPS preserves unimpaired natural and cultural resources, and values of the National Park System for the enjoyment, education, and inspiration of this and future generations. The NPS cooperates with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation throughout this country and the world.

The NPS - National Capital Area (NCA) supports natural wonders to man-made marvels in Virginia, West Virginia, Maryland, and the District of Columbia. The NCA parks include Antietam National Battlefield, Catoctin Mountain Park, Chesapeake & Ohio Canal National Historical Park, George Washington Memorial Parkway, Harpers Ferry National Historical Park, Manassas National Battlefield Park, Monocacy National Battlefield, National Capital Parks - East, National Mall and Memorial Parks, Potomac Heritage National Scenic Trail, President’s Park, Prince William Forest Park, Rock Creek Park, and Wolf Trap National Park for the Performing Arts.

D.1 BACKGROUND

Harpers Ferry National Historical Park (HAFE) was established in 1944 to “be a public national memorial commemorating historical events at or near Harpers Ferry”. Located at the confluence of the Shenandoah and Potomac Rivers, the park contains 3,645 acres of riparian habitats, floodplains, agricultural fields, geologic exposures, developed areas and upland forests. The forested areas routinely require tree felling, pruning and other landscape management services due to stresses from pests and climate change. The areas that generally require tree felling and pruning are along trails, park boundary and places with high visitation, along with cultural resource features that require delicate care. There are 22 miles of trail that are connected to the Appalachian Trail system and encompasses areas in three states: i.e., West Virginia, Virginia, and Maryland. Due to stressors like the Emerald Ash Borer and others, numerous hardwood trees are dead in place and pose a risk to the safety of visitors and staff along the trails and to infrastructure and utilities such as powerlines and pump stations. The terrain in some areas is steep, rocky, primitive, and often wet. Vehicular access is restricted to the trail heads and access points only and parking along the trails is prohibited. Up to two miles of hiking may be required at some locations in order to perform work. Separate attachments are included that list specific details about the trees that are to be assessed or felled and bucked up or pruned in their current location or removed from site. Tree photos will be provided via a thumb drive following contract being awarded to assist with proper identification on trees slated for pruning or removal. Trees that are assessed as a threat shall be tagged, GPS’d and photographed.

D.2 PURPOSE

The NPS – National Capital Area (NCA), on behalf of Harpers Ferry National Historical Park is soliciting arboreal services to perform hazard tree mitigation and assessment in targeted areas of the park.

The contractor shall provide all labor, supervision, materials, tools, supplies, transportation, barricades, signs, traffic control measures/coordination and equipment incidental to and necessary to execute safe full spectrum tree care operations and woody debris removal along trails, roads, and park boundary. The contractor shall also provide full spectrum tree assessment operations and tagging in and around the work location areas listed below and on the maps.

The single contract will be awarded, and the period of performance will be 16 September 2024 – 28 March 2025.

D.3 LOCATION

All work is in the NPS – Harpers Ferry National Historical Park (HAFE) within Jefferson County, West Virginia, Loudoun County, Virginia and Washington County, Maryland.

D.4 GENERAL CONTRACTOR RESPONSIBLITIES

The contractor is responsible for adherence to all Occupational Safety and Health Administration (OSHA) Regulation, specifically 29 CFR 1910 - General Industry.

Contractor must have adequate liability insurance and proper license to perform all work stated herein.

The contractor must aid and/or work directly with all Department of the Interior (DOI) – employees, National Park Service employees, state inspector employees and other contractor personnel as necessary in the performance of the work. Some of the work may include attending meetings, site visits, providing recommendations, additional reports/summaries, etc.

as requested.

The contractor must clean gear and equipment prior to entering the park to minimize the chance of spreading invasive seeds into the park and near worksites.

Contractor must stay in constant communication with COR to communicate work location and accomplishments.

D.4.1 - Conduct The contractor’s employees shall, at all times while on the job site, whether on or off duty, conduct themselves in a professional, orderly, and safe manner. Rudeness, fighting, being under the influence of alcohol and/or drugs or bringing and/or consuming alcohol and/or drugs, gambling, soliciting, stealing, and any immoral or otherwise undesirable conduct shall not be permitted on the job site and shall result in immediate and permanent removal from the job site of any employee engaging in such conduct.

Contractor employees shall not loiter in any working or patron area. Upon completion of their assigned work, employees shall promptly depart from the public areas. All contract employees shall display professionalism in all interactions with the public and Government employees.

The Contracting Officer may require the contractor to remove from the job site any employee working under this contract for reasons of misconduct and security, or if found to be (or suspected to be) under the influence of alcohol, drugs, or other incapacitating agent(s). A contractor employee shall be subject to removal from the premises upon determination by the Contracting Officer that such action is in the best interests of the Government. Such removal from the job site or dismissal from the premises shall not relieve the contractor of the requirement to provide sufficient personnel to perform this contract as specified.

D.4.2 - On-site Supervisor

a. As a minimum, the contractor must provide one on-site supervisor to direct all task order personnel and maintenance operations.

b. The on-site supervisor shall be fluent in the English language to effectively communicate with the contractor’s employees and/or subcontractors as well as the COR and other Government personnel.

c. If the on-site supervisor is not present or absent due to illness or other reasons, the contractor shall provide an alternate supervisor to manage and direct all task order personnel and operations. The alternate supervisor shall possess the same qualifications as the on-site supervisor.

d. The on-site supervisor shall have a means of direct communication available such as phone or personal electronic device. The supervisor shall be able to respond to communications relayed through the contractor’s management channels.

e. The contractor is required to establish a primary point of contact for communication with the COR. The point of contact shall be responsible for coordinating with the COR and shall possess the managerial authority to make decisions and act on behalf of the contractor. The primary point of contact shall be reasonably available during business hours to field calls and correspondence from the COR and shall be responsive.

The primary point of contact is not required to be on-site during work execution.

f. The government has elected to require the presence of a current ISA Certified Arborist and licensed state specific Tree Expert on the jobsite at all times. The credentials may be held by different employees if the requirement to have credentialed personnel on the jobsite is met. The contractor shall provide the arborist’s certification ID and state specific Tree Expert license information for verification before work begins, and any time there is a change in the onsite arborist. Certification and currency will be subject to verification by the government utilizing the ISA and State Department of Natural Resources (DNR) databases.

D.4.3 – Site Maintenance

a. The contractor shall maintain the work site in a safe, neat, and orderly manner.

All supplies and equipment on the project site shall be stored to preclude any damage.

b. Limited space may be provided for the storage of materials, which shall be stored in a clean and neat condition as approved by the COR. This is not guaranteed; thus, the contractor must be prepared to transit the entire operational footprint daily.

c. All mud, dirt, debris, foreign objects, or spills of any kind from the contractor’s operations shall be cleaned up daily or as requested by the COR.

d. All contractor generated refuse and waste shall be hauled from the work site daily. Refuse and waste material shall be hauled in trucks with tight fitting covers to prevent spillage on roadways.

e. It shall be the contractor’s responsibility to take whatever measures necessary to assure the protection of the Government assets and to perform the work to cause minimal disruption of ongoing activities near occupied areas.

D.5 MANDATORY SUBMITTALS

a. Operational Safety Plan (OSP) (upon award/ before work execution)

1. Shall include comprehensive traffic control plan for pedestrian and cyclists traffic detailing standard operating procedures that shall be followed during the duration of performance. No work shall be authorized to commence without submission of this plan.

b. Completion and certification of credentialed personnel checklist.

D.6 TASKS

Independently, and not as an agent of the government, the contractor shall furnish all supplies, materials, equipment, labor, labor supervision, tools, barricades, sign, and travel, necessary to perform the work safely.

Tree Risk Mitigation:

Most trees have been tagged, mapped and photo documented to facilitate the contractor in locating the specimens. Tags however are an aid, and subject to removal by the public or environmental effects outside of the NPS staff’s control. The presence of a tag or the lack thereof does not determine the work obligation. The contractor’s work obligation is solely contained in the attached material (Attachment 1 &

2) in conjunction with this Performance Work Statement. The contractor shall use available support tables, documents, and electronic aids, as well as other resources as necessary to locate specimens in the field.

Tree photos will be given upon contract award via a thumb drive to ensure that trees can be accurately identified. Photo ID corresponds with the Tree ID. There are three photos of each tree for the Base and Option 1.

All trails shall be left free and clear of all debris. All woody debris within ten (10) feet of a trail edge shall be laid in a manner that facilitates visitors in identifying the contour of the trail.

Tree tags are to be removed as the risk has been mitigated on the felled trees only and given to the COR monthly or at the completion of the project. Tags on trees marked as “prune” shall be left in place.

Weekly updates of issues, concerns and progress shall be reported. Weekly meetings if necessary or to speak with the COR or Cultural Resource Specialist if remediation is needed or concerns are warranted at a specific location.

Perform “Level 2” tree risk assessments (80 hrs.) – boundary & trail:

a. Provide a Level 2 Assessment as defined in the International Society of Arboriculture’s (ISA) Best Management Practices for Tree Risk Assessment and ANSI A300 Tree Risk Assessment

Standards.

b. Tree location mapping shall use resource-grade or survey-grade GPS/GNSS receiver capable of achieving horizontal accuracies less than 1 meter using one or a combination of: Satellite-based Augmentation System (SBAS), differential corrections, a Real-time Kinematic (RTK), or a Real-time Network (RTN). Horizontal accuracy values shall be recorded in the GPS/GNSS Metadata fields provided in the Government Furnished geodatabase. The contractor shall review and verify in the tabular data that the recorded horizontal accuracy values are less than 1 meter and recapture points not meeting the horizontal accuracy requirements.

c. The digital file for all tree(s) with a rating of “Moderate” and above shall contain a minimum of two (2) photos in the digital file (one of the lower trunks and one of the crown). Photos shall be taken in a manner that optimizes distinct features of the specimen and its background to aid field identification.

d. All data shall use the file geodatabase format and be compatible with ESRI ArcGIS applications.

e. The digital assessment format shall be designed and developed in manner that enable(s) print on demand capability of the data/report, or selected portions thereof.

f. The digital file shall be keyword searchable.

g. All trees with a risk rating of “Moderate” or above shall receive an identifying tag of a type common to the forestry/arboricultural trades. The tag shall be constructed of an aesthetic and resilient material, and contain the inspection year and tree ID information (TASK 2 (h)(1)

h. Rights to all information, digital and printed, shall convey to the government.

i. At a minimum, GPS tabulated data shall include:

1) Tag/ID number

2) Common Name

3) Scientific Name

4) DBH

5) Number of stems

6) Target – trail/road/structure, etc.

7) Defect(s)

8) Tree pest damage

9) Disease/health observations

10) Risk rating – low, medium, high, extreme

11) Treatment recommendation (prune, remove or further assessment)

12) Vines present

13) Notes

j. All tree(s) receiving a rating of “Extreme” shall be reported to the government point of contact within 24 hours and shall include the data in TASK 2 (b) and (h).

k. Trees with a risk rating of “Low” shall not receive individual documentation but shall receive a risk assessment.

Tree risk report:

a. Written summary of procedures used in risk assessment.

b. Map of tree locations

c. Photos of trees

d. A description of the trees that were identified as needing pruning, removal or further assessment including;

I. Tree species (common & botanical)

II. Date of inspection

III. Primary target of the tree or tree parts IV. Description of tree parts V. Overall risk rating

VI. Mitigation recommendations

e. A digital copy of the report and risk assessment tabulated data shall convey to the government in

PDF and MS Office Suite formats.

f. A digital copy of exported shapefiles and supporting files that can be used in ArcMap Pro.

D.6.1 – BASE: Perform trail tree risk mitigation along the Appalachian Trail (AT) on Loudoun Hts.

(South) (~70 trees: 21 Prune & 49 Remove) and perform 80 hrs. of Level 2 tree risk assessments at sites included in attachment 2 and provide tree risk report. (See info above for specifics)

All trees shall be felled, when possible, at an angle of 45 degrees or greater from the line of trail so that the brushy / leafy canopy faces away from visitors.

Woody debris may be left in the general location of felling when such action would not create a hazard (such as on a slope), threaten to convey into a watershed (river or stream), or create an artificial and unaesthetic appearance. Debris shall be felled and staged to convey a natural appearance. Relief cuts shall be applied to create as much contact with the ground as possible in order to facilitate decay and improve aesthetics. All debris shall be positioned so that no hazards are presented to park visitors utilizing the trail. The contractor shall make every attempt to place debris in a manner that does not face large chainsaw cuts (white eyes / round eyes) toward the viewing public from the trail.

Remediate any ground damage to the trail incurred during the performance of operations under the guidance of the cultural resource specialist (e.g., ruts, holes, etc.). Notify COR immediately.

Cut all stumps remaining in the environment flush 3-4 inches above grade unless taller poles

(minimum of 10 feet) may be left for wildlife habitat such that the risk to visitors or property is mitigated.

Assess trees in areas along the boundary following Tree Risk Assessment (a-k) guidance discussed above.

D.6.3 - OPTION 1: Perform trail tree risk mitigation along the Appalachian Trail (AT) on Loudoun Hts.

(North A, B & C) in accordance with the previous year tree risk assessment data/maps provided.

(~107 trees: 28 Prune & 79 Remove)

All trees shall be felled, when possible, at an angle of 45 degrees or greater from the line of trail

All trails shall be left free and clear of all debris. All woody debris within ten (10) feet of a trail edge shall be laid in a manner that facilitates visitors in identifying the contour of the trail.

artificial and unaesthetic appearance. Debris shall be felled and staged so as to convey a natural appearance. Relief cuts shall be applied to create as much contact with the ground as possible in order to facilitate decay and improve aesthetics. All debris shall be positioned so that no hazards are presented to park visitors utilizing the trail. The contractor shall make every attempt to place debris in a manner that does not face large chainsaw cuts (white eyes / round eyes) toward the viewing public from the trail.

Cut all stumps remaining in the environment flush 3-4 inches above grade, unless taller poles

D.6.4 - OPTION 2: Perform tree risk mitigation along Murphy Farm trail in accordance with the previous year tree risk assessment data/maps provided. (~15 trees: 15 Fell/Buck)

All trees shall be felled, when possible, at an angle of 45 degrees or greater from the line of trail

All trails shall be left free and clear of all debris. All woody debris within ten (10) feet of a trail artificial and unaesthetic appearance. Debris shall be felled and staged to convey a natural appearance. Relief cuts shall be applied to create as much contact with the ground as possible to facilitate decay and improve aesthetics. All debris shall be positioned so that no hazards are presented to park visitors utilizing the trail. The contractor shall make every attempt to place debris in a manner that does not face large chainsaw cuts (white eyes / round eyes) toward the viewing public from the trail.

Cut all stumps remaining in the environment flush 3-4 inches above grade unless taller poles

D.6.5 - OPTION 3: Perform tree risk mitigation at School House Ridge North along access road and along trail in accordance with the previous year tree risk assessment data/maps provided. (~76 trees:

76 Remove)

Remove all wood and debris in accordance with the technical requirements listed below.

All woody / leafy debris and biomass shall be removed from the park to an approved landfill.

The contractor may elect to chip wood smaller than twelve (12) inches in diameter when it will improve operational efficiency at the contractor's discretion.

Cut all stumps remaining in the environment flush 3-4 inches above grade unless taller poles

D.6.6 - OPTION 4: Perform tree risk mitigation along Bolivar Heights trail in accordance with the previous year tree risk assessment data/maps provided. (~36 trees: 28 Fell/Buck & 8 Remove)

For “Fell/Buck” Trees

All trees shall be felled, when possible, at an angle of 45 degrees or greater from the line of trail

All trails shall be left free and clear of all debris. All woody debris within ten (10) feet of a trail artificial and unaesthetic appearance. Debris shall be felled and staged so as to convey a natural appearance. Relief cuts shall be applied in order to create as much contact with the ground as possible in order to facilitate decay and improve aesthetics. All debris shall be positioned so that no hazards are presented to park visitors utilizing the trail. The contractor shall make every attempt to place debris in a manner that does not face large chainsaw cuts (white eyes / round eyes) toward the viewing public from the trail.

Cut all stumps remaining in the environment flush 3-4 inches above grade, unless taller poles

For “Remove” Trees

Remove all wood and debris in accordance with the technical requirements listed below.

All woody / leafy debris and biomass shall be removed from the park to an approved landfill.

The contractor may elect to chip wood smaller than twelve (12) inches in diameter when it will improve operational efficiency at the contractor's discretion.

D.6.8 Additional Work that is required

The requirement(s) for all TASK(S) are conveyed in the attachments. Furthermore, the following requirements shall be adhered to:

The contractor shall, without additional expense to the Government, be responsible for obtaining and renewing all necessary licenses, certifications, and permits. Contractor is required to submit a copy of licenses prior to work start.

Upon award and before the execution of work may begin, the Contractor shall provide and maintain a COR approved Operational Safety Plan.

The ANSI A300 (most current revisions) shall be the performance standard.

The ANSI Z133 (most current revision) shall be the safety standard.

The contractor shall make every effort to mitigate damage to surrounding trees during the performance of the work. Damage shall be mitigated by the contractor at no additional charge to the government through the reasonable application of arboricultural techniques in accordance with industry standards and best practices. The contractor is not authorized to fell trees not contained within the work specifications. The contractor may remove necessary brush and ground shrubbery around the base of trees to facilitate safe work performance in accordance with ANSI Z133 standards.

The contractor shall perform a cursory inspection for live nesting birds and bats before performing tree removals or pruning. This inspection may be performed from the ground on trees that do not require aerial access for work performance (the use of an aid such as field binoculars is highly encouraged). In instances where an aerial lift or climber is employed, the contractor shall also execute a simple aerial inspection. In the event that a nesting site containing live birds or bats is identified, the contractor shall provide notification to the COR in writing and shall include the tree tag number and general disposition. The notification shall be submitted within three (3) business days of the inspection. The contractor shall not perform work on trees identified by inspection as avian nesting sites earlier than 6 SEPTEMBER 2022 unless otherwise cleared by the COR.

In some cases, the government has elected to leave standing spars (minimum of 10 feet) in lieu of removing all trunk-wood from a tree site in order to increase retained biomass in the ecosystem and encourage the development of wildlife habitat.

All applicable woody debris and biomass twelve (12) inches in diameter and under shall be chipped and hauled to the local landfill if applicable.

Depending on site and conditions, woody debris over twelve (12) inches may be left in the general location of felling when such action would not create a hazard (such as on a slope), threaten to convey into a watershed (river or stream), impede cultural resources, or create an artificial and unaesthetic appearance. Debris shall be felled and staged to convey a natural appearance. Relief cuts shall be applied to create as much contact with the ground as possible to facilitate decay and improve aesthetics. All non-chipped debris is required to be a minimum of fifteen (10) feet off the trail shoulders and shall be positioned so that no hazards are presented to park visitors utilizing the trail. The contractor shall make every attempt to place debris in a manner that does not face large chainsaw cuts (white eyes / round eyes) toward the viewing public.

The contractor, at the contractor’s discretion, may elect to haul woody debris when doing so is more efficient for meeting the task objective at no additional costs to the government. The contractor is responsible for ensuring compliance with all federal, state, and local statues related to resources acquired from government/public lands.

The contractor is required to coordinate workflow / schedules with the COR to deconflict operations with other park operations.

TAGS: Most trees have been tagged to facilitate the contractor in locating the specimens. Tags however are an aid, and subject to removal by the public or environmental effects outside of the NPS staff’s control. The presence of a tag or the lack thereof does not determine the work obligation. The contractor’s work obligation is solely contained in the Attachments in conjunction with this Performance Work Statement. The contractor shall use available support tables, documents, and electronic aids, as well as other resources as necessary to locate specimens in the field. Tree tags (felled only) are to be removed as the risk has been mitigated and given to the COR on a monthly basis or at the completion of the project.

WEIGHT LIMITS AND LOAD RATINGS: Since Harpers Ferry is a historical thoroughfare, it contains many structures such as bridges, waste weirs, culverts, etc. The contractor shall inspect all such structures before crossing them with equipment and vehicles. The contractor shall assess the suitability of each trafficable structure and determine what equipment or vehicles can safely traverse. The contractor is highly encouraged to use bridging and weight dispersion techniques, such as laying timber/steel plates, to facilitate load dispersion when crossing structures. Because weight limits cannot be provided for waste weirs particularly, the contractor shall not leave any vehicle or piece of equipment in a static state on them (maintain motion). It is the sole responsibility of the contractor to take all measures necessary to safely transit trafficable structures (including the CCT) without compromising structural integrity.

WORKING IN CONSTRICTED / RESTRICTED SPACES: The area of operations consists of elements of modern and historical infrastructure that may constrict or prevent access of heavy equipment. It is solely the responsibility of the contractor to assess the environment and implement methods and means supported by equipment arrays that are suitable to the unique working conditions. The contractor’s methods and means shall not compromise the structural integrity of infrastructure, to include (but not limited to) paved surfaces, bridges, and retaining walls.

STAGED / STORED EQUIPMENT: Harpers Ferry NHP is not responsible for any property the contractor choses to stage on the park during the execution of this task order. The task order does not require any contractor property to be staged. Contractors storing equipment do so at their own discretion while assuming all risk and liability. Equipment storage/staging shall be coordinated with, and approved by, the COR in writing.

TRAFFIC CONTROL, SAFETY, AND PEDESTRIANS: The identified work areas represent major thoroughfares with dense pedestrian and cyclist traffic. Furthermore, Harpers Ferry NHP represents a major commuter artery for cyclists in the region. The contractor shall be responsible for executing the assigned work in a manner that ensures both sustained trafficability and safety for park users.

Signage shall be posted at the nearest point on either side of the work zone.

Work along roadways shall include traffic control measures that conform to US Department of Transportation (US DOT), Federal Highway Administration (FHWA), and CFR 29 requirements, as well as specifications in the Manual on Uniform Traffic Control Devices (MUTCD). It is the sole responsibility of the contractor to take any and all necessary actions to ensure the safety of all personnel, especially the visiting public, during the execution of operations. The contractor shall follow all federal, state, municipal, and local requirements for permitting and operating along/in roadways.

D.7 DELIVERY SCHEDULE

The contractor shall provide the following deliverables. Additional deliverables may be required in the scope section of the PWS, but not listed below. This does not relieve the contractor of fulfilling the requirement.

End Result/Deliverable(s) Schedule/Milestone(s) Delivery Location Safety Plan Before Work Begins Via email to COR and CO Update Report (status) Weekly once work begins Via email to COR & CO Completion and certification of credentialed personnel checklist.

Before Work Begins Via email to COR and CO

D.8 BIOBASED AND SUSTAINABLE PRODUCTS

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; 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 Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for bio preferred products that are required for performance of this service contract.

2-Cycle Engine Oils – 34% Minimum Biobased Content Diesel Fuel Additives – 90% Minimum biobased Content Erosion Control Materials – 77% Minimum biobased Content Fuel Conditioners – 64% Minimum biobased Content Gasoline Fuel Additives – 92% Minimum biobased Content Greases – Truck – 71% Minimum biobased Content Mobile Equipment Hydraulic Fluids – 44% Minimum biobased Content Multipurpose Lubricants – 88% Minimum biobased Content

For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov.

D.9 DEFINITIONS (Not included in Federal Acquisition Regulations) Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

2-Cycle Engine Oils - Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear.

Calendar Days - Every day shown on the calendar, Saturdays, Sundays, and holidays included.

Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing, or designated in the Special Project Specifications.

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

Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.

Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

Diesel Fuel Additives - (1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use. (2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20).

Erosion Control Materials - Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth.

Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

Fuel Conditioners - Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system.

Gasoline Fuel Additives - Chemical agents added to gasoline to increase octane levels, improve lubricity, and provide engine cleaning properties to gasoline-fired engines.

Greases – Truck - Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots.

Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

Materials - Any substances for use in the construction of the project and its appurtenances.

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

Multipurpose Lubricants - Products designed to provide lubrication under a variety of conditions and in a variety of industrial settings to prevent friction or rust. Greases, which are lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners, are not included in this item. In addition, task-specific lubricants, such as chain and cable lubricants and gear lubricants, are not included in this item.

Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

Remove - Remove from site and dispose of properly.

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

Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.

Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

Utility Services - Are services such as electricity, gas, steam, water, and sewage.

D.10 PLACE OF PERFORMANCE AND HOURS OF OPERATION

National Capital Area (NCA)

HARPERS FERRY NATIONAL HISTORICAL PARK (HAFE)

The contractor is responsible for conducting services between the hours of 0700 – 1730 ET Monday thru Friday, except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor will not be reimbursed when the government facility is closed for the above reasons unless emergency services are requested. Any work performance outside of this schedule requires written approval from the COR.

Requests for variations shall be submitted at least three (3) business days before the desired work date.

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 – 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.

D.11 SERVICE SCHEDULE

The contractor is responsible for conducting routine services, between the hours of 0700 – 1730 hours ET Monday thru Friday, except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor will not be reimbursed when the government facility is closed for the above reasons unless emergency services are requested. The work Schedule will be negotiated at the time of contract award but shall remain the same throughout the contract period unless otherwise authorized by the COR in writing. Additional days or a change in work schedule must be agreed upon by the contractor and the COR in advance.

D.12 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

A. Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO, is authorized to amend, modify, or deviate from the contract.

B. Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO/PA in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR include, but are not limited to;

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

(2) Requesting removal of unsuitable contractor employees;

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

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

C. Point-of-Contact (POC): The POC will be used if an official COR cannot be designated at the time of award. The POC will not be designated in writing and will assist the CO/COR in the day-to-day on-site administration of the contract requirements.

D.13 DESIGNATION OF CONTRACTING OFFICERS REPRESENTATIVE (COR)

A. The Contracting Officer will designate a certified FAC-COR as the Contracting Officer's Representative (COR) at time of award of a BPA Call. The COR will receive a designated COR Appointment Letter.

B. The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual document executed by the Contracting Officer prior to completion of the contract.

C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the

Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

D. On all matters that pertain to the contract terms the Contractor must communicate with the Contracting

Officer. Whenever, in the opinion of the Contractor, the Contracting Officer’s Representative requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative. If the Contracting Officer’s Representative persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

E. The COR's major duties and responsibilities are contained in the Forest Service Handbook of Contract

Administration. The COR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

15. Issue any direction that would result in a possible change to contract requirements.

D.14 POINT OF CONTACT (POC)

The POC will be used if an official 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.

The POC is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual document executed by the CO prior to completion of the contract.

The CO should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the CO provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the CO. Whenever, in the opinion of the Contractor, the POC requests effort outside the scope of the contract, the Contractor should so advise the CO. If the POC persists and there still exists a disagreement as to proper contractual coverage, the CO should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

The POC has limited authority under this contract and responsibilities may include, but are not limited to:

1. Determining the compliance and adequacy of performance by the Contractor in accordance with the terms and conditions of this contract;

2. Requesting removal of unsuitable contractor employees;

3. Ensuring adequacy of schedule and Quality Control Plan, including changes;

4. Ordering re-performance of unacceptable work or performance by other means, etc.

5. Approval of invoices and submitted reports.

D.15 CONTRACTOR'S REPRESENTATIVE

Upon contract award, the Contractor shall provide to the CO, the name, phone number and cellular phone number of the Contractor's representative and an alternate contact who is responsible for overseeing the performance of this contract. This person must be able to make decisions for the company. The Contractor's representative will report to the COR.

D.16 PERIOD OF PERFORMANCE

The contractor shall begin performance immediately upon award, and continue through until contact completion, cancelation, or termination.

Base Period: 16 Sept. 2024 – 28 March 2025.

D.17 TRAVEL

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

D.18 LOSS OR DAMAGE

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 task order, the contractor shall be responsible for the same. The government, at its option, in lieu of repayment, may require the contractor to replace at its own expense, all property as directed by the Contracting Officer.

a. The Contractor shall assume full liability and responsibility for any loss or damage to Government property caused by his/her operations and shall assume full responsibility for any and all damages or claims for damage resulting from injury to persons, property or equipment which might result from any service performed under this task order. The Contractor shall be responsible for the repair or replacement of all damaged government property caused by his/her operations. The Contractor shall notify the Contracting Officer and COR, in writing, within eight (8) hours of any damage occurring and include details related to the extent. Details should include any park operations or assets adversely impacted.

Furthermore, the Contractor shall take any immediate actions necessary to prevent further damage (cone/barricade, seal breaches with tarps, etc.). The Government, at its sole discretion, may elect to repair or replace the damaged property, and deduct such costs from monies due.

b. Historical buildings and other structures and items of cultural/historical significance shall be preserved from damage using appropriate protective measures. In the event of damage, the CO and COR shall be notified immediately by whatever means available to the contractor.

The Contractor shall notify the CO and COR in writing within 1 hour of the occurrence.

c. The contractor shall be issued any necessary key(s) required to complete the work specifications. In the case of task orders, the contractor may already possess the necessary keys. Regardless, no work may begin on the project until all government furnished keys have been accounted for on an official hand receipt, DI-105, (to include keys received previously without a hand receipt). Keys require strict chain-of-custody and control, and the contractor shall have adequate internal control measures to ensure accountability of keys. It is strictly forbidden to duplicate government furnished keys, even if duplicates are destroyed at the end of the project. The contractor shall use keys only when it relates to execution of the specified work and shall at no time relinquish key control to persons that are not employed by the contractor.

D.19 SAFETY

The work area shall be maintained in a clean and safe condition at all times. All personnel providing service on-site shall have pictured identification and uniform displaying the name of the company. All on-site vehicles will also be marked with the company name. The contractor shall, with the use of barricades, ropes, signs, or audible signals, take all necessary precautions for the protection of the work and safety of the public. Any accident or incident, regarding the work under this task order, shall be reported immediately, in writing, to the Contracting Officer.

a. The contractor and each of his employees shall work in compliance with all applicable OSHA, Federal, state, and local safety laws, and regulations.

b. The contractor shall provide and ensure that all personnel at the work site use the proper Personal Protective Equipment (PPE) required by OSHA regulations and ANSI standards.

Including ANSI Z133.1standards and CFR 29 requirements.

c. The contractor shall take all necessary precautions for safety and shall provide reasonable protection to prevent damage, injury or loss to persons, properties, equipment, and vehicles.

d. The contractor shall not leave any tools, parts and/or supplies unattended in the public area at any time while performing work.

e. The contractor shall report public safety hazards noted during the performance of normal duty of care to the COR or NPS staff.

f. In the event of an emergency the contractor should first call 911 and then immediately call the park’s 24 -hour dispatch emergency number – 1-866-677-6677. The dispatch will immediately send out information to all on-duty Rangers.

g. Contractor personnel operating motor vehicles used in performance of this task order shall have a valid state operator’s license and shall operate all motor vehicles in accordance with applicable laws. The contractor’s vehicles shall have an identification tag clearly visible while on site.

h. Avian habitat protection is a paramount concern to the Government and is subject to statutory requirements. The contractor shall follow all federal, state, and local ordinances / statues for the protection of avian life and wildlife.

i. The government reserves the right to conduct an audit contractor safety practice during performance. Egregious safety violations or a pattern of repeated minor offences shall result in the issuance of an official stop work and safety review. All concerns shall be provided by the government to the contractor in writing.

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