DRAFT_B_2_Performance_Work_Statement_1.pdf

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Nationwide Coverage Tree - Other Related Services
Solicitation number
140P2124R0018
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This document is a draft solicitation for nationwide tree and related services issued by the National Park Service. The solicitation seeks to award multiple indefinite delivery indefinite quantity contracts to provide a range of tree services including removal, pruning, planting, condition assessment, disease and pest control, emergency response, arborist services, land clearing, stump grinding, mulching, tree inventory, protection planning, and consultation. Services will be performed nationwide across 428 National Park Service units. The anticipated NAICS code is 561730 with a small business size standard of $9.5M. Responses to the feedback form are due by March 11, 2024. The maximum contract value is $100 million aggregate across all awards, which are intended to range from 7 to 25 contracts depending on evaluation. Phase 1 is reserved for small businesses only, while phase 2 if undertaken would be for large businesses.

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SOLICITATION NO. CONTRACT NO. ORDER NO. PARK:

14P2124R0018 [UPDATED UPON AWARD] [UPDATED UPON AWARD] NATIONWIDE

COVERAGE

AMENDMENT NO. DESCRIPTION. PR NO. PAGE NO.

TREE AND OTHER RELATED SERVICES Page 1 of 30

BASE PERFORMANCE

WORK STATEMENT

NATIONWIDE COVERAGE TREE AND

OTHER RELATED SERVICES

(Including Municipal, Urban Forestry and Arboriculture)

1-22-2024 Version 0.3

COVERAGE

TREE AND OTHER RELATED SERVICES Page 2 of 30

Table of Contents

NATIONWIDE COVERAGE TREE AND OTHER RELATED SERVICES

PART 1 INTRODUCTION AND GENERAL REQUIREMENTS

PART 2 TASK ORDER SUPPLEMENTAL DESCRIPTION OF SERVICE, PERFORMANCE

WORK STATEMENT

PART 3 KEY PERSONNEL

PART 4 DEFINITIONS

PART 5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY (GFE/P)

PART 6 SUSTAINABLE ACQUISITION

PART 7 PERFORMANCE OBJECTIVES AND STANDARDS

PART 8 SAFETY

PART 9 SPECIAL CONSIDERATIONS

PART 10 POST AWARD

PART 11 LIST OF REFERENCES

PART 12 LIST OF ATTACHMENTS

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PERFORMANCE WORK STATEMENT (PWS)

NATIONWIDE COVERAGE TREE, AND OTHER RELATED SERVICES

PART 1 INTRODUCTION AND GENERAL REQUIREMENTS

B.1 GENERAL

B.1.1 NATIONAL PARK SERVICE (NPS) BACKGROUND: As of 2023, the

Department of Interior, National Park Service (hereby also known as Park) manages 428 individual units Nationwide, which covers more than 85 million acres in all 50 states, the District of Columbia, and all U.S. territories. The services provided by this contract are directed to assist the NPS in carrying out the mission to preserve unimpaired the natural and cultural resources and values of the national park system for the enjoyment, education, and inspiration of this and future generations.

B.1.2 OVERVIEW: This is a Nationwide coverage, commercial service, non-inherently

Governmental, non-personal services, multiple award, Indefinite Delivery Indefinite Quantity (IDIQ) for Nationwide Coverage Tree and Other Related Services. The awarded commercial service contracts are for up to five (5) years. The Government shall not exercise any supervision or control over the contract service providers performing the services. This IDIQ does not include aerial aviation services.

B.1.2.1 An IDIQ allows a Contractor to provide an indefinite quantity of services for a fixed time. These services are project specific and issued on task orders (TOs). To obtain related services from a Contractor (awardee), the Government will issue a request for services by issuing a task order request for proposal (TORFP). Part of the TORFP is a supplemental Task Order PWS. The supplemental TOPWS (or other related documents) details the specific needs of the task order project. The base IDIQ terms and conditions applies at the task order level.

B.1.2.2 [Not Used]

B.1.2.3 [Not Used]

B.1.3 DESCRIPTION OF SERVICES: The Contractor shall provide a full spectrum of tree related service by providing all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to properly perform, and/or maintain a healthy tree canopy and/or mitigate tree condition and all related work as defined in this PWS. (See B.1.5, Scope and attached Definitions) Any tasks not specifically noted, but necessary for proper performance (in accordance with accepted industry standards) shall be furnished under this IDIQ. The Contractor shall perform to industry standards (e.g., TCIA and ANSI, etc.) and the standards in this contract. Nationwide coverage, covers more than 85 million acres in all 50 states, the District of Columbia, and all U.S. territories.

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B.1.4 OBJECTIVE: The objective of the multiple awarded contract vehicles is to provide Nationwide coverage for tree and other related services, as described in this document. Tree services are inclusive of arboriculture, urban forestry, municipal forestry, and other related type services. Services may be emergency, scheduled, or urgent services. These spectra of services are intended to maintain tree health, which may include vegetation, soil, etc. The objective is to conserve the scenery, the natural and historic objects, tree health, and the wildlife therein.

B.1.5 SCOPE: The scope of services provided under this IDIQ is for a wide range of services related to the care and management of trees. These services may include (but is not limited to): (1) Tree Removal: Safe and efficient removal of trees, whether due to disease, storm damage, or other reasons. (2) Tree Pruning/Trimming:

Trimming and shaping trees for health, and safety. (3) Tree Planting: Planting new trees to promote reforestation or improve landscaping. (4) Tree Condition and Risk Assessment: Evaluating the health of trees, diagnosing diseases or issues (including structural defects, soil, erosion, etc.), and recommending appropriate treatments.

Evaluating the risk trees may pose and recommending appropriate treatments. (5) Tree Disease and Pest Control: Management and treatment of tree diseases and infestations by pests. (6) Emergency Tree Services: Responding to storm damage or fallen trees, often on an urgent basis. (7) Arborist Services: Certified arborists may provide specialized expertise in tree care and management. (8) Land Clearing. (9) Stump Grinding/Removal: Removing tree stumps to prevent regrowth and create a more usable landscape. (10) Mulching: Spreading mulch around trees to conserve moisture and improve soil health. (11) Tree Inventory and GIS Mapping:

Documenting and mapping trees for urban planning or conservation purposes. (12) Tree Protection/Preservation Planning: providing guidance on protecting trees during construction. (13) Consultation and Advice: Offering expert advice on tree care.

B.1.5.1 Other related services may include identifying, cutting, designing/installing stabilizing support systems, and/or removing encroaching brush, trees, and limbs and incidental debris (i.e., rock, boulders, other vegetation, etc.) to restore sight distances, provide appropriate vertical and horizontal clearances to improve sight distances, eliminate hazards to the public, support longevity of life of historic or culturally significant trees, forest management related tasks to provide comprehensive service (e.g., small scale planting, small scale harvesting, small scale reforestation, etc.). Small scale is defined as approximately 2 acres or less.

B.1.5.2 Work may include and be accomplished adjacent to Park facilities, roads, sidewalks, memorials, monuments, trails, parking areas, utilities, overlooks, waterways and pull offs in single or several areas of the project’s location (Park).

B.1.5.3 Services can either be scheduled, urgent, or emergency services.

B.1.5.4 Aerial aviation services are not included. This IDIQ is not intended to provide fuel reduction/management services, or traditional landscaping services. (Also see B.1.4, COVERAGE

TREE AND OTHER RELATED SERVICES Page 5 of 30

Objective)

B.1.6 PROJECT BACKGROUND: The project’s background and information will be provided at the task order level via a Supplemental Task Order PWS or other project description documents.

TASK ORDER, 1.6, Project Background, including

B.1.7 PLACE OF PERFORMANCE: The work to be performed under this contract is

Nationwide for all National Park Service units. The project specific location will be designated at the task order level. (See All Parks and Services for additional information)

TASK ORDER, 1.7, Place of Performance

B.1.8 PERIOD OF PERFORMANCE (PoP) AND OFF-RAMPING AND ON-

RAMPING: Unless on-ramped or off-ramped, the contract is for a five-year period from the date of award, or unless otherwise extended in accordance with Federal Acquisition Regulation (FAR) Clause 52.217-8, Option to Extend Services. (See the contract terms and conditions for additional information.)

B.1.8.1 Task Order Period of Performance and Work Schedule: The period of performance will be designated at the task order level. The Contractor’s submitted schedule shall be scheduled and arranged so as not to interfere with normal activities of the Park (i.e., Ranger-led tours scheduled at various hours of the day at various locations throughout the Park or any special tours or visiting groups, etc.). Advanced notice will be given to the Contractor if a conflict is expected to divert from a prearranged schedule.

B.1.8.2 Unless other designated at the task order level, the Contractor must submit a schedule with the task order request for proposal. The schedule must meet or exceed the period of performance designated at the task order level. The schedule must convey the sequence, timing and understanding of the work to be performed. It must also list major tasks, deliverable, etc., such as, mobilization, reports, surveys, etc.

B.1.8.3 Options/Additives/Deductives: As determined by the task order CO, work may also be phased, include additives, and deductives, and/or funded options or unfunded options. These approaches are subject to the availability of funds, 52.232-18, Availability of Funds and/or 52.232-19, Availability of Funds for the Next Fiscal Year.

B.1.8.4 Notice to Proceed (NTP): As needed, due to the complexity of a task order, the

Government may require the issuance of an NTP. A NTP is issued at the task order level to facilitate actions, information (kick-off meeting), government provided equipment/property, receipt of deliverables, submittals and/or approvals that are required prior to the Contractor beginning work on site.

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B.1.8.5 Once the Contractor begins work on a task order, they are expected to be on the job site each workday until the work is complete, weather and safety permitting.

TASK ORDER 1.8, PoP, Schedule, NTP/Options/Additives/Deductives

B.1.9 RECOGNIZED FEDERAL HOLIDAYS: Contractor is not required to perform routine services on holidays unless emergency services are requested.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

B.1.10 STANDARD HOURS OF OPERATION: The Contractor is responsible for conducting routine services, between the hours of 7:00 a.m. – 3:30 p.m. local time, 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.

Other than the standard hours of operations will be specified at the task order level.

TASK ORDER 1.10, Other Than Standard Hours of Operations

B.1.11 SITE VISIT: It is highly recommended that the Contractor verify all measurements by making a site visit. In no event shall failure to inspect the site constitute grounds for a claim after task order award. (See the contract terms and conditions for additional information.) Many sites are open to the public. However, a site visit may be requested by the Contractor if one is not scheduled or offered.

TASK ORDER, 1.11, Site Visit

B.1.12 TRAVEL: Travel may be included in task orders. Travel cost is allowed if the project is outside of the Contractor’s proposed and designated local area. Profit is not allowable on travel. Travel will be proposed as required by the task order.

Travel shall be in accordance with the Federal Travel Regulation (FTR) and FAR 31.205-46, Travel costs.

TASK ORDER, 1.12, Travel

B.1.13 IDENTIFICATION OF CONTRACTOR EMPLOYEES: All workers shall be recognizable as employees of the Contractor by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges which show the Contractor's company name and employee name. All contract personnel attending

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TREE AND OTHER RELATED SERVICES Page 7 of 30 meetings, working in the field, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. While at the work site or traveling to and from it in the boundaries of the Park, the Contractor shall comply with any rules and regulations of the National Park Service governing the Park (in general and the work site in specific).

B.1.14 CONTRACTING OFFICER REPRESENTATIVE (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions:

Assure that the Contractor performs the technical requirements of the contract.

Perform inspections and surveillance necessary confirm and accept the performed services.

Maintain written and oral communications with the Contractor concerning technical aspects of the contract.

Issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies.

Coordinate availability of government furnished property and provide site entry of Contractor personnel.

B.1.14.1 A letter of designation is issued to the COR by the task order Contracting Officer. A copy of the designation letter is sent to the Contractor. The letter further states the responsibilities and limitations of the COR. The COR does not have authority to make changes to cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting task order.

B.1.14.2 A COR may designate a Project Inspector (PI). A PI authority is limited to visiting the site and project for the purpose of surveillance to confirm compliance with the contract standards, including OSHA compliance.

TASK ORDER, 1.14, COR

B.1.15 TYPE OF CONTRACT/TASK ORDERS: The government will award multiple

IDIQs in accordance with the selection process specified in the solicitation. Each project is executed as a Task Order (TO). TO are typically Firm-Fixed Priced (FFP).

(See the contract terms and conditions of the contract for additional information.)

TASK ORDER, 1.15, Type of Task Order

B.1.16 PAYMENT: Payment shall be made at the price from the contract (including as proposed at the task order level) and shall be based on actual worked performed. If

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B.1.16.1 Progress payments are allowable in accordance with regulation, and as determined by the TO CO.

B.1.16.2 A Release of Claims, DI-137, is required prior to final payment for all task order that are other than firm-fixed priced (FFP).

TASK ORDER, 1.16, Payment

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PART 2 TASK ORDER SUPPLEMENTAL DESCRIPTION OF SERVICE,

PERFORMANCE WORK STATEMENT

B.2 TASK ORDER REQUIREMENTS

B.2.1 TECHNICAL REQUIREMENTS: Specific technical requirement will be defined at the task order level with the task order request for proposal, and will include, at a minimum—

NPS Park unit’s points of contact Description of the in-scope services required, special work considerations, etc.

o Unallowable service techniques, required approvals, submittals, deliverables, etc.

Performance period, schedule, any NTP, meeting, etc.

Place of performance, maps, staging information, etc.

Project Background, Objective, etc.

B.2.2 Supplemental Task Order Performance Work Statements (TOPWS): The “TASK

ORDER…” designations on the right side of this PWS (i.e., “TASK ORDER [paragraph number, i.e., 1.1], [title]) is a marker to internal IDIQ users to provide additional information, as applicable, at the task order level via their Supplemental Task Order, Performance Work Statement, or other related task order description document. Additional information provided at the task order level may supplement the Base PWS requirements, remove some Base PWS requirements, added to the requirement, and/or clarify if it is applicable to the task order project (requirement).

B.2.3 Order of Precedence: Any inconsistency between the Base PWS and task order description of services (i.e., Supplemental PWS, or other like document) shall be resolved by giving precedence in accordance with the order specified in Federal Acquisition Regulation (FAR) clause 52.212-4(s), Order of Precedence. Any inconsistency between the supplemental TOPWS, and the Base Performance Work Statement, the TO PWS takes precedence.

B.2.4 CONFLICT OF INTEREST DISCLOSURE STATEMENT: A Conflict of

Interest Disclosure may be required from each of the key personnel assigned to projects that may present a conflict. The Conflict of Interest Disclosure statement may be required as determined at the task order level. The Conflict of Interest is as follows--

“To the best of my knowledge and belief, neither I, [Name, Title and Role], of [Company’s Name], nor any member of my family, have any direct interest, financial or otherwise, in the outcome of this project, and that our participation in preparing the [type of service, work] therefore presents no conflict of interest. In the event that I later become aware of such conflict of interest, I agree to disqualify myself and report this fact to the Contracting Officer and to abide by any instructions that he/she may give me in this matter.”

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TASK ORDER, 2.3, Conflict of Interest

B.2.5 DELIVERABLES: The delivery of reports and data may be required under the contract, such as surveys. The Government retains ownership and unlimited rights of the data submitted. The format, information required, and acceptable delivery method of each deliverable will be specified at the task order level, as applicable.

(See the contract terms and conditions for additional information. (i.e., 52.227-14, etc.))

Sample Deliverable (Table C.2.1)

Reference Supplemental, Task Order PWS

Deliverable Time Action by

TASK ORDER, 2.5, Deliverables

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PART 3 KEY PERSONNEL

B.3 KEY PERSONNEL, PERSONNEL, AND QUALIFICATIONS:

B.3.1 KEY PERSONNEL: As defined in the attachment Definitions, of this document.

Replacing a key person requires acceptance from the Contracting Officer and shall not be replaced within the first 120 calendar days after the award date of the contract. The following personnel are considered key personnel by the Government:

Certified Arborist, Senior (Manager/Professional Consultant) Certified Arborist, Crew Leader

B.3.1.1 Contract Manager: The Contract Manager or alternate shall be available by phone between 7:00 a.m. to 3:30 p.m. MT, Monday through Friday. The contract manager shall have full authority to speak for, obligate and commit the Contractor. Submit an appointment letter prior to the post award meeting with the names and contact information of the individual(s) authorized to commit the Contractor.

B.3.1.2 Certified Arborist: If a Certified Arborist is required at the task order level, the

Certified Arborist shall be on the job site as required by each individual Park TO. The Certified Arborist shall be responsible for controlling the quality of work and inspecting all completed work to ensure that contract performance requirements are met.

B.3.1.2.1 As required, all work shall be under the direction and general supervision of a

Certified Arborist(s) certified by the International Society of Arboriculture (ISA) who possesses verifiable experience as a full-time direct supervisor of tree maintenance and climbing work crews and technical competence in tree physiology, identification, diagnosis of disorders, and current tree care and safety practices in accordance with accepted industry standards.

B.3.1.3 Tree Workers: All tree workers shall, through related training and on the job experience, be familiar with the technical aspects and hazards of supported work under this Performance Work Statement and the equipment used in such operations.

B.3.1.4 Contractor’s Quality Control Supervisor: The Contractor shall appoint an overall

Contractor’s Quality Control Supervisor, in writing, and outline their assigned duties in the letter. This letter can be supplemented at the task order level, if needed.

TASK ORDER, Part 3.1, Key Personnel and Qualifications

See the Qualifications attachment for additional information.

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PART 4 DEFINITIONS

B.4 DEFINITIONS, TERMINOLOGY AND ACRONYMS:

B.4.1 See the Definitions and Acronyms attachments.

TASK ORDER, Part 4, DEFINITIONS, TERMINOLOGY AND

ACRONYMS

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PART 5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY (GFE/P)

B.5 GOVERNMENT FURNISHED ITEMS AND RESPONSIBILITIES:

B.5.1 CONTRACTOR: The Contractor shall furnish all supplies, materials, equipment, facilities, and services required to perform work under this contract that are not listed under Part 3, GFE/P of this PWS and related Task Orders. The Government will not furnish any additional supplies, materials, equipment, or facilities to the Contractor to perform the services unless they are defined in this PWS (or Supplemental Task Order PWS) as GFE/P (including data or information).

B.5.2 GOVERNMENT: It is not the posture of the Government to provide GFE/P;

however, if determined to be in the best interest of the Government, items may be provided by the Government in support of a provided service. These furnished items will be designated at the task order level. See Section I, Clauses (i.e., 52.245-1, etc.)

B.5.2.1 As required by the project, the Government will provide the Contractor with a map of historic resources within the project area that require additional protection. (See paragraph, Protection of Park Resources)

TASK ORDER, Part 5, Government Furnished

Equipment/Property/Information

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PART 6 SUSTAINABLE ACQUISITION

B.6 BIOBASED AND EPA (ENVIRONMENTAL PROTECTION AGENCY) PRODUCTS

B.6.1 It is the policy of the Federal Government to advance sustainable acquisition. It applies to service contracts and requiring the use of products that are (1) Energy-efficient, (2) water-efficient, (3) biobased, and (4) environmentally preferable, (5) non-ozone depleting, or (6) made with recovered materials.

“A product composed on recent biological components-agricultural, forestry, marine materials, and renewable chemicals. Legislative definition for biobased product does not include food, feed, or fuel.” FAR 23.4, products that advance sustainable acquisition must be purchased and used unless an exemption applies, or unless otherwise specified at the task order level as not applicable.

B.6.2 The Contractor shall also comply with the clause at FAR 52.223-2, Affirmative

Procurement of Biobased Products Under Service and Construction Contracts

The Contractor shall also comply with the provision at FAR 52.223-1, Biobased Product Certification (see Representation and Certifications).

B.6.3 The Contractor must utilize products and material made from biobased materials to the maximum extent possible. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Government, such as the task order Contracting Officer Representative (COR) and/or task order Contracting Officer. The following is an example of USDA designated categories of products that should be used in this contract and the minimum biobased content for a product to qualify for purchase.

B.6.4 The list is not all inclusive but provides some potential examples of categories for which biobased products are available. The table also shows the minimum biobased content percentage for products within the category to qualify for purchasing under the federal procurement preference. See the complete list of categories designated by

USDA.

Biobased Product Category Minimum Biobased Content

2-Cycle Engine Oils 34% Agricultural Spray Adjuvants 50% Asphalt Restorers 68% Compost Activators and Accelerators 95% Concrete and Asphalt Cleaners 70% Corrosion Preventatives 53% Corrosion Removers 71%

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De-Icers 93% Dethatchers 87% Dust Suppressants 85% Erosion Control Materials 77% Fertilizers 71% Foliar Sprays 50% Gardening Supplies and Accessories 43% Metal Cleaners and Corrosion Removers - Other Metal Cleaners

56%

Mulch and Compost Materials 95% Soil Amendments 72% Sorbents 89% Wood and Concrete Stains 39% Wood and Concrete Sealers – Membrane Concrete Sealers

11%

Wood and Concrete Sealers – Penetrating Liquids

79%

B.6.5 In addition to above,52.223-17, Affirmative Procurement of EPA-Designated Items in

Service and Construction Contracts, applies to this service contract.

B.6.6 A Green Procurement Certification, Part 2 is required for EPA designated items, when, and as specified at the task order level.

TASK ORDER, PART 6.6, Sustainable Acquisition

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PART 7 PERFORMANCE OBJECTIVES AND STANDARDS

B.7 QUALITY, PERFORMANCE OBJECTIVES, AND STANDARDS

B.7.1 QUALITY CONTROL PLAN (QCP): The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control plan is how they assures that services provided complies with the requirement of the contract (including any issued TO). After acceptance of the quality control plan the Contractor shall receive the contracting officer’s acceptance in writing of any proposed change to their QCP system.

B.7.1.1 The Contractor shall establish and maintain a QCP to ensure the work performed conforms to the contract requirement (including issued TO). The QCP establishes performance standards that are the minimum requirements for acceptable performance of required services. Contractor shall develop QCP and submit with their post award submittal package. The Contractor’s QCP includes (at a minimum):

A summary of the required services to be performed.

Contractor’s surveillance methodology (methods, principles, and rules for monitoring workers).

Method and timeframe for responding to Contracting Officer Representative

(COR) or customer complaints.

Approach to project start up and progress meetings with Government stakeholders.

A performance standards matrix that describes the minimum requirements for acceptable performance of required services. The matrix must include the following— o Number or another unique identifier.

o Performance Categories (such as, Technical, Cost Control, Schedule/Timeliness, Management or Business Relations, Small Business Subcontracting, Regulatory Compliance, Others).

o Performance Standard/Objective.

o Performance Threshold (must be the minimum standard).

o Method for remedying poor performance.

B.7.1.1.1 In addition, address the quality oversight and project care. For instance, how proper equipment selection and decisions are made. For instance, project completion and execution breakdowns, such as leaving large piles of wood chips instead of distributing them wider with a chipper or leaving large ruts by driving heavy log trucks instead of skid steer or mini excavator with tracks.

B.7.1.1.2 A supplemental QCP may be required and submitted to address specific task order requirements, such as, but not limited to--

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A list of personnel responsible for quality control, their assigned duties, and their qualifications/credentials.

A copy of a letter of designated of the Contractor’s Quality Control Supervisor outlining assigned duties.

• TASK ORDER, 7.1, Quality Control Plan (Supplemental)

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PART 8 SAFETY

B.8 SAFETY REQUIREMENTS

B.8.1 The Contractor shall perform all work safely in accordance with OSHA, standard industry safety practice and protocols. The Contractor shall be responsible for all damages to persons or properties that occur because of a Contractor’s fault or negligence. The Contractor shall take proper health and safety precautions to protect the work, workers, infrastructure, the public and property of others.

B.8.2 Damage: Trees or shrubs which are damaged irreparably shall, at the CO’s discretion, be replaced by the Contractor with new trees or shrubs of the same size and type. If replacement of damaged trees is not feasible or impractical as determined by the CO, the full replacement costs will be assessed to the Contractor’s account at values based upon the square inches of cross-sectional area of trunk (measured at 4 feet above grade), in accordance with the Trunk Formula Technique Method described in Guide for Plant Appraisal (Council of Tree and Landscape Appraisers, latest edition)

B.8.2.1 The Contractor shall be responsible for safeguarding all government property provided for Contractor use. The Contractor shall repair or replace any portion of building structure, or landscape features, damaged by the Contractor in the performance of this contract. Such damaged areas or materials shall be restored, repaired, or replaced by the Contractor to original condition. The repairs will be to the Government’s satisfaction, and as observed by the COR. Repairs are at no additional expense to the Government. Repairs and replacement include (but is not limited to), pre-disturbance conditions from depressions, compact soil (resulting in damage to tree(s)), skid trails, berms, pavement sweeping, removal of contract related debris from ditches and culverts, damage to soil structure (e.g., soil compaction, increased bulk density, crushing, or severing of absorbing roots due to improper mechanical and vehicle use, etc.)

B.8.3 Insurance and Liability: The Contractor shall maintain a level of insurance that protects the Contractor and the Government from any claims because of bodily injury (including death) and property damage which may arise from and during the performance of this contract and shall submit proof of insurance to the Contracting Officer that meet or exceed the requirements specified in the contract clause. The Government is not responsible for damage to Contractor’s equipment, vehicles, tools or materials or their employees and the personal property brought on site. The Government will not accept any liability due to Contractor employee negligence. The Contractor shall include an insurance statement in each task order proposal, which confirms coverage, such as “The Certificate of Liability Insurance provided (dated mm/dd/yyyy, [Provider], [Insured]) remain active, current and valid for [Project Title], [Project Location].”

B.8.3.1 Workers Compensation: The Contractor shall furnish proof of workers compensation insurance to the Contracting Officer for those employees performing work related to

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B.8.4 Safety of Visitors/Traffic Control: Safety of visitors is of the utmost importance.

The Contractor will adequately cordon off each work area. Work areas, at the discretion of the COR, may be required to be fenced off completely with orange safety fence. Unless otherwise designated, the Contractor must keep the roads and parking lots open for public use (at all times) during performance of related work. Traffic control shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and traffic control measures must be in place and functional during the performance of these related activities. If work is to take place over designated state routes the Contractor is responsible for coordination with the DOT for any road closures or required permits.

B.8.5 Hard Hats and Safety Vest and Protective Equipment: All areas that are designated as construction areas are Hard Hat and Safety Vest areas. The hard hat area shall be posted by the Contractor, and it is the Contractor's responsibility to comply with OSHA. The Contractor is required to instruct those working on or visiting the site to wear hard hats, safety vest and other necessary protective equipment at all times.

Arborist helmets specifically designed for tree climbing can be substituted for standard hard hats as appropriate. (See ANSI Z-133)

B.8.6 Barricades: The Contractor shall provide, erect, and maintain all necessary barricades, danger signals, detour and other signs, and take all necessary precautions for the protection of the work and safety of the public.

B.8.7 Hazardous Debris: Any plant debris, personnel, or equipment that would interfere with any NPS sponsored or NPS permitted activity or event shall be removed prior to the activity. No uncompleted work or debris shall be left on trails, traveled way or on roadway shoulders overnight or on weekends that present a hazard to public.

B.8.8 Protection of Park Resources: Cutting and trimming around buildings, masonry walls, guardrails, fencing, signs, headwalls, specimen trees, boulders, curbing, and other features shall be accomplished in a way that avoids damage to and protects the Park’s infrastructure.

B.8.9 Accident Prevention Plan (APP): Submit an APP after award of the IDIQ and prior to

ANY on site work. The Control must submit a MASTER Accident Prevention Plan to the IDIQ Contracting Officer, and it supplement to the task order CO and COR for approval. As required at the task order level, the Contractor is encouraged to provide supplements to the MASTER Accident Prevention Plan for each awarded task order.

The addendum provides specificity for the APP, work and points of contact related to the work to be performed at the task order level. An APP must contain the following, as a minimum:

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Name of responsible supervisor to carry out the program.

First aid procedures - Provide adequate facilities for the number of employees and the type of construction at the site. Provide adequate training to ensure prompt and efficient first aid. At the task order level, provide First Aid and CPR Certification of all Sawyers.

Hazard Assessment - Outline of each phase of the work, the hazards associated with each major phase, and the methods proposed to ensure property protection and safety of the public, National Park Service personnel, and Contractor's employees.

Training - Assure all employees have adequate initial and continuing training for the tasks that they perform. Also, train and instruct each employee exposed to hazardous materials (explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful substances that could cause death or injury) in safe and approved methods of handling and storage.

Emergency Planning - Planning for possible emergency situations including fires, windstorms, lighting storms etc.

Housekeeping - Keep project site in a clean, neat, and safe condition at all times.

Fire Protection - Maintain adequate and proper fire protection equipment on site at all times.

Available safety equipment, such as safety vest or shirt and hard hat, etc.

The Contractor is responsible for all traffic control, including but not limited to signage, and or flagger when working on or adjacent to on roads, trail or sidewalks. Designated flaggers are required when working over roads and sidewalks. Proof of flagger training should be provided to the task order COR.

B.8.10 Any observance of work being conducted in an unsafe manner, the Contractor will be notified and shall immediately cease all work activities.

B.8.11 Fire Prevention: Contractor shall take all necessary precautions to prevent fire during this contract work. Internal combustion equipment shall be located by the Contractor so that exhausts discharge well away from combustible materials. The Contractor shall provide a minimum of one fire extinguisher per vehicle/equipment at each separate job site that is appropriate for each type of fire that could occur on the job.

Contractor shall notify COR as soon as possible of any fire starts regardless of size and whether or not fire is contained.

B.8.12 Emergency Instructions: Post telephone numbers and reporting instructions for ambulance, physician, hospital, fire department, and police in conspicuous locations at the work site. (Also see B.6.15.1(f))

B.8.13 Accident Reporting: Notify COR immediately in the event of a reportable accident. A reportable accident is defined as death, occupational disease, traumatic injury to employees or the public, property damage by accident in excess of $100, and fires.

Within 7 days of a reportable accident, fill out and forward to the task order Contracting Officer a DI-134 form, which may be obtained from Contracting Officer.

The Contractor shall report all other accidents to the task order Contracting Officer as

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• TASK ORDER, 8.13, Accident Prevention Plan Supplement

B.8.14 Equipment Safety Qualifications: All equipment must meet all federal OSHA, state and local safety requirements and must be properly licensed, including federal motor carrier compliance. This includes equipment such as bucket trucks, aerial lifts, chipper trucks, wood trucks, stump grinders etc. which may be needed to correctly perform tree and other related services (in accordance with the specifications stated herein).

B.8.14.1 The name or logo of the Contractor’s company shall be clearly displayed on all trucks used on the job.

B.8.14.2 All work around power lines shall be performed by Certified Line Clearance Tree

Trimmers in accordance with OSHA 229 CF 1910.269, 1910.331 and ANSI Z133.1- 2012.

TASK ORDER, 8.14, Other Equipment Safety Qualifications

B.8.15 Spill Plan and Reporting (SPR): Contractor shall take precautions to prevent pollution of air, soil, and water by Contractor’s Operations. Submit an Oil and Hazardous Materials Spill Prevention, Control and Countermeasures Plan to address spill prevention and response measures for hazardous substances used on site, including fuels. If the total oil or oil product storage exceeds 1,320 gallons in containers of 55 gallons or greater, Spill Plan must be certified by a Registered Professional Engineer.

A copy of Spill Plan shall be maintained on site during operations and Contractor and subcontractor employees should be trained on spill prevention and response measures.

The Plan shall address the following NPS requirements:

B.8.15.1 a) During non-work operations, stationary equipment shall be parked over (specially) prepared containment pads designed to trap any leaking oil, fuel, or hydraulic fluids.

b) Inspect project site daily for proper storage of hazardous materials, proper parking of equipment on containment pads, and for hydraulic and oil leaks of equipment, tighten hoses, and ensure they are in good condition. If equipment is leaking, it shall be immediately repaired or removed from the Park at Contractor’s expense.

c) Routine oiling, lubrication, and refueling shall be conducted with secondary containment always using Best Management Practice (BMPs). Refueling of equipment in wetlands or stream channel areas is not allowed at any time. Signs prohibiting refueling will be posted in environmentally sensitive areas as directed by the NPS.

d) Contractor shall maintain secondary containment for all equipment operating with fluids or when direct discharge of leakage, spills, or other source of construction or equipment fluids can flow directly to any streambed, whether flowing with water or dry. Containment shall be designed and installed so as to prevent

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TREE AND OTHER RELATED SERVICES Page 22 of 30 accidental spills into streambeds in the event of mechanical failure or hose breakage.

e) Contractor shall maintain spill response materials on the project site when using heavy equipment to ensure rapid response to spills. These materials shall include absorbent pads, booms, or other materials as appropriate to contain oil, hydraulic fluid, solvents, and hazardous material spills. The Contractor shall maintain adequate equipment to effectively respond to potential spillage at the site as determined by review of the NPS.

f) Contractor shall provide names and phone numbers of appropriate Contractor’s personnel to be contacted at any time (24 hours per day) regarding accidental release of hazardous substances to air, soil or water. This list shall be submitted to the NPS and a copy visibly displayed in work areas on site.

g) Contractor shall adhere to appropriate NPS staff notification procedures and shall rely on NPS Spill Response Plan to accomplish external notification. Contractor’s responsibility shall include immediate notification of all spills to NPS. This notification will include specific details regarding spilled materials, amounts, and other relevant details.

h) Contractor shall digitally photograph or videotape the spill release at its source and photographically document the initial spill extent within 30 minutes of initial release.

i) Contractor shall notify the National Response Center and Contracting Officer of all releases of reportable quantities of hazardous substances on or in the vicinity of Contract Area that are caused by Contractor’s employees, agents, Subcontractors or their employees or agents, directly or indirectly, as a result of Contractor’s Operations, in accordance with 40 CFR 302, Designation, Reportable Quantities, and Notification.

j) In the event that Contractor’s Operations or servicing of equipment result in pollution to soil or water, the Contractor shall conduct cleanup and restoration of the polluted site to the satisfaction of National Park Service at no additional cost to the Government.

k) The Contractor shall maintain all equipment operating on Contract Area in good repair and free of leakage of lubricants, fuel, coolants, and hydraulic fluid.

B.8.15.2 The Contractor shall not service tractors, trucks, or other equipment on National Park Service lands where servicing is likely to result in pollution to soil or water.

Contractor shall furnish oil-absorbing mats for use under all equipment being serviced to prevent leaking or spilled petroleum-based products from contaminating soil and water resources. Contractor shall remove from National Park Service lands all contaminated, vegetation, debris, vehicle oil filters (drained of free-flowing oil), batteries, oily rags, and waste oil resulting from use, servicing, repair of equipment.

Contractor shall consult with inspector or COR prior to removing contaminated soil.

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PART 9 SPECIAL CONSIDERATIONS

B.9 SPECIAL WORK CONSIDERATIONS

B.9.1 Chain saws: Employees utilizing chain saws shall wear approved safety equipment to include chaps, hard hat, eye protection, and hearing protection, fall protection, etc. as per ANSI Z-133, and 29 CFR 1910 OSHA General Industry Regulations.

B.9.2 Natural Resources: The Contractor must stop work if potential, undocumented cultural and/or natural resources are encountered. Cultural resources would include items like projectile points exposed with uprooted trees. Above ground cultural resources (stone fences, chimney structures, etc.) do not warrant a work stoppage, but care shall be taken to not damage these structures during tree work.

B.9.3 High Security: As required at the task order level, the Contractor may be required to work inside a high security memorial. This will require a background check of the employees performing work inside the secure area. All vehicles and equipment must be swept by a United States Park Police (USPP) K-9 unit prior to entering a secure area. Provide the COR background check information five (5) working days prior to entering a secure area. Coordinate USPP K-9 sweeps with the COR.

TASK ORDER, 9.3, Natural Resources/High Security

B.9.4 Terrain and Access: Work will be performed in park units under the jurisdiction of the National Park Service (NPS). The parks unit’s terrains and access vary by location, to include areas where tours are scheduled. Some trees are located within developed areas containing high densities of pedestrians, vehicles, utilities, and structures.

Whereas others are in forested areas. The terrain type, access, to include UTV use, camping availability, storage location, staging locations, utilities, portable water, restrooms, etc. is designated at the task order level. The Contractor will be responsible for the security of all equipment and materials at the jobsite.

TASK ORDER, 9.4, Terrain and Access

B.9.5 Threatened & Endangered Species: If applicable, the threatened and endangered species information will be specified at the task order level, such as the protected species, any protection window (start and end date), and other information related to the project’s performance.

TASK ORDER, 9.5, Threatened & Endangered Species

B.9.6 [Not Used]

B.9.7 Noxious Weeds: Measures shall be taken to prevent the introduction of exotic species into the project and staging areas. All equipment and tools must enter the Park free of

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TREE AND OTHER RELATED SERVICES Page 24 of 30 dirt, dust, mud, seeds, vegetative matter, or other debris that could contain or hold seeds or potential contaminants. Weeds of concern will be specified at the task order level.

B.9.7.1 Equipment exhibiting any dirt or other material attached to frame, tires, beds, wheels, or other parts shall be thoroughly cleaned by the Contractor before entering the Park.

For the purposes of this provision, “equipment” means all ground-based contract machinery, including skidders, forwarders, tractors, chip vans, pickup trucks, cars or other vehicles used to transport personnel. Areas inspected shall include, but not be limited to, tracks, track guard/housings, belly pans/under covers, buckets, and other attachments. Equipment found to have entered the Park with potential contaminants shall be removed from the Park at the direction of the NPS at Contractor's sole expense.

• TASK ORDER, 9.7, Noxious Weeds B.9.8 Water Quality: Discharge into Water Resources is Prohibited. The Clean Water Act, 33 U.S.C. 1251 et. seq., prohibits any discharge of pollutants by any person into water of the U.S. without a permit. "Pollutant" refers to soil sediments, solid waste, chemical or biological materials or even water that is at a different temperature than the receiving body of water. "Person" is broadly defined to include individuals, corporations, partnerships, associations, states, municipalities, etc. Contractor shall address water quality control in the SPR. (Also see B.7.15) Activities with the greatest potential impact are skid trail construction, soil disturbance, and vegetation removal.

The Contractor’s operations shall be conducted to prevent debris from entering water resources. In the event the Contractor causes debris to enter the water resource in amounts which may adversely affect (as determined by the NPS and/or the Park’s Wildlife Biologist) water quality or aquatic resources; the Contractor shall remove such debris in an agreed to timeframe and manner (i.e. as soon as practicable, not to exceed 48 hours, etc.). The agreed to manner must cause the least disturbance to stream courses.

B.9.9 Roads: The Contractor is authorized to use NPS roads for access to the project area.

As applicable, trucks and equipment may be restricted to a direct route to and from the project area. Contractor's trucks and equipment shall not interfere with or deny use of roads to the general public. All loads shall be safely secured before trucks move from the landing or loading location. The Contractor shall comply with all legal load restrictions in the hauling of materials, unless further restricted at the task order level.

Generally, load restrictions on park roads are identical to the state load restrictions.

B.9.9.1 Route of Travel/Haul Route - NPS and Contractor shall agree upon the route of travel prior to use. All products shall be transported over the designated route of haul.

B.9.9.2 Dust Abatement - Water will be used as a dust abatement once a day, 2 hours before hauling and at the rate of once every 10 loads throughout the day, unless additional dust abatement is needed for public safety and resource protection

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• TASK ORDER, 9.9, Roads

B.9.10 Herbicide/Pesticide Use: When herbicide and pesticides are required in the performance of a task order, and unless other procedures are designated at the task order level, the following requirements/protocols shall be implemented:

a) Possess the applicable and current Qualified Applicator’s license or certification.

b) Adhere to the label’s instructions.

c) Applicators and their supervisor must attend an on-site safety meeting with the

Park, review and sign a job hazard analysis regarding herbicide application before any herbicide is stored, mixed, or applied.

d) Coordinate with the Park if there is a change in applicators.

e) Print out copies of label, and MSDS/SDS and keep accessible where the product is stored and mixed, as well as copies with applicators during application.

f) Spray only when weather conditions are conducive to effective uptake of the herbicide by the targeted species (e.g., sunny, dry, and when plants are actively growing) and…

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