Sol_140P2020Q0011.pdf

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Denver CO 80225-0287 P.O. Box 25287 12795 W. Alameda Pkwy DOI, NPS, DSC Contracting Services

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09/08/2020 1400 MT

08/25/2020

303 969 2064Todd Stackhouse (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P2020Q0011

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

1 55 0040503159OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

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17a. CONTRACTOR/

LAKEWOOD CO 80228

(Via Courier) 12795 W. ALAMEDA PARK NPS, DSC - Transportation

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Denver CO 80225-0287 P.O. Box 25287 12795 W. Alameda Pkwy

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ITEM NO.

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Todd Stackhouse

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19.

ITEM NO.

solicitation amendments as stated in section "L" of this solicitation

Legacy Doc #: NPS

Delivery: 12/31/2022

Period of Performance: 09/01/2020 to 12/31/2022

00020 THRO Road Program Reveg - Seed Collectio

Product/Service Code: F009

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- SEED COLLECTION/PRODUCTION

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55 2 of

Native Plant Seed Collection SOLICITATION NO. 140P2020Q0011 Theodore Roosevelt National Park (252501) Page 3 of 55

SUPPLIES OR SERVICES AND PRICES/COSTS

This requirement is for one(1) Firm Fixed Price Commercial Items Services Contract for Native Plant Seed Collection and Delivery for the Theodore Roosevelt National Parks.

Item no.

Item Description

Quantity

Unit of Measure

Unit Price

Total

0001 Task 1 – 2021 Native Seed Collection

1 Lump Sum

0002 Task 2 – 2021 Seed Delivery 1 EA TOTAL – Base (Option Item)

Task 3-Fall 2020 Seed Collection

1 Lump

(Option Item)

Task 4-2020 Seed Cleaning 1 Lump

Item)

Task 5-Fall 2020 Seed Delivery

1 EA

(Option Item)

Task 6-2021 Seed Cleaning 1 Lump

Item)

Task 7- 2022 Seed Collection 1 Lump

Item)

Task 9-2022 Seed Cleaning 1 Lump

Item)

Task 8 –2022 Seed Delivery

1 EA

TOTAL – Options

TOTAL – Base + Option

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

Theodore Roosevelt National Park (252501) Page 4 of 55

STATEMENT OF WORK

Theodore Roosevelt National Park PMIS #252501

Contract # July 2020

Native Plant Seed Collection for Road Improvement Projects

SCOPE: The contractor shall perform the work of this contract for the National Park Service (NPS) as described below.

CONFIDENTIALITY: The information developed under this contract is the property of the U.S.

government and shall be kept in strict confidence.

PERFORMANCE PERIOD: The work of this contract shall be provided from approximately September 1, 2020 through December 31, 2022.

PROJECT IDENTIFICATION: The work of this contract shall consist of native seed collection and delivery.

CONTACTS:

• The Contracting Officer’s Representative (COR) for this contract is: See COR appointment Letter

I. GENERAL DESCRIPTION OF WORK

This contract will provide native seed collection and delivery to facilitate the restoration of native vegetation along roadsides disturbed by road repair, construction activities, and invasive species at Theodore Roosevelt National Park (THRO). The road repair and construction is projected to take place from 2021 to 2022 with approximately 45 acres of disturbance anticipated. Disturbances along the road will be addressed by removal and treatment of non-native plant species and seeding in-part with the cleaned wildland collected seed provided from this contract.

II. SCOPE OF SERVICES

TASK 1. 2021 Native Seed Collection (Item No. 0001)

The work of this task is to collect and handle native plant seed that will be cleaned and stored for hydroseeding (by others) on road-sides disturbed by construction. Seed cleaning is listed below as a bid option for the Contractor.

Seed shall be collected from indigenous forbs and shrubs in THRO during the 2021 growing season.

Collection may be anywhere within THRO boundaries. The Contractor must obtain a THRO collection permit (issued by the Park). Reporting will be required following collections.

a. Seed Collection: Provide the protocol to collect the species and quantities listed below (Table 1), including approximate hours anticipated for collection. The Contractor should anticipate at least two scouting trips and three to four collection trips per season with the likelihood of multiple species being collected during each trip.

Species occur in both sparse and dense patches and collection sites may be dispersed throughout the Park.

Seed shall be collected throughout the growing season, i.e. for early, middle and late ripening species.

Collection sites and timing of seed collection must be coordinated in advance with the COR. The Contractor shall collect seed as directed herein using the Quality Standards as listed in section IV and the seed collection protocol provided by the contractor for approval by the COR. The Contractor shall provide all labor, materials, equipment, supplies, and transportation to collect seed and to properly

Theodore Roosevelt National Park (252501) Page 5 of 55 handle and dry collected seed. Collection records must be regularly maintained and provided to the COR at the end of each collection season.

Between the time seed is collected and when it is cleaned the Contractor shall assure all plant material is properly handled and labeled. Proper handling may include drying seed on tarps or racks and turning daily. Seed may also be dried in well ventilated and labeled seed collection or paper bags, by turning materials daily. The Contractor shall work with the COR on specifications for temporary storage of bulk material of each species. The Contractor shall also take precautions to prevent the predation of seed by insects, rodents, and any other animal, as well as contamination with other plant materials (particularly non-collected seed).

The Contractor shall maintain a log-book of daily collection activities. Activities including hours spent collecting, species collected, bulk weights of the days collected materials, GPS locations of collections (in latitude and longitude or UTMs), and species labeling, drying, and handling procedures shall be documented. The log-book shall be provided to the COR at the end of each collection trip. The Contractor shall provide GIS shapefiles and the datum used for GPS at the end of the collection season.

Adjustments will be made based on field conditions should phenology and/or growing conditions prevent collecting at the anticipated time or if target species are not available at the targeted rates. All adjustments must have prior approval from the COR.

The seed collection protocol shall include at a minimum the following items:

i. Plant species identification and verification procedures (at a minimum including 1 voucher specimen per species collected provided to the COR).

ii. Seed collection and handling procedures, including verification methods to ensure seed ripeness, list of seed collection supplies, tools, labeling conventions.

iii. Cleaning, temporary storage, and cross-contamination prevention procedures.

Table 1. – 2021 Seed Collection Species List. Anticipated species and times for collections are shown below.

Adjustments will be made based on field conditions. Field conditions may vary widely due to un-predictability of snow and rainfall. (Examples of potential adjustments/substitution species for the collection list include Dalea purpurea v. purpurea, Grindelia squarrosa, Heterotheca villosa, Monarda fistulosa, and Sphaeralcea coccinea (these are the most likely substitutions, however this list is not exhaustive)).

Species

Anticipated Collection Time*

Target Collection

(PLS

pounds)**

Typical Harvest Method

Achillea millefolium July-early Sept 2 Hand strip or Clip off seed heads Atriplex canescens/confertifolia

Sept-early Nov

Hand strip or Clip off seed heads

Echinachea angustifolia August-early October

12 Hand strip or Clip off seed heads

Ericameria nauseosa Late Sept-early Nov

0.5 Hand strip or Clip off seed heads

Glycyrhiza lepidota August-early October

2 Hand strip or Clip off seed heads

Gutierrezia sarothrae Late Sept-early Nov

0.25 Hand strip or Clip off seed heads

Helianthus annuus/petiolaris July-early October 10 Hand strip or Clip off seed heads Krascheninnikovia lanata August-October 0.5 Hand strip or Clip off seed heads Ratibida columnifera July-early Sept 2 Hand strip or Clip off seed heads Solidago rigida Sept-October 2 Hand strip or Clip off seed heads

Theodore Roosevelt National Park (252501) Page 6 of 55

TOTAL REQUIRED PLS

POUNDS***

36.25

*Anticipated species and collection times. Adjustments will be made based on field conditions. Field conditions may vary widely due to un-predictability of weather and seed production.

**The PLS pounds listed are the amount per species the Contractor shall strive to collect under this contract. If the Contractor finds that the amount available for collection is over or under 10% of the amount listed in the table they shall contact the COR for approval to over collect that species or make a species substitution if it cannot be found at the table listed quantity.

***The total PLS pounds is a required amount, whereas the PLS pounds per species can be altered per COR approval.

TASK 2. 2021 Native Seed Delivery (Item No. 0002) The seed delivery location shall be dependant on whether the Contractor decides to clean the seed themselves (as described in Option Tasks 4 and 6 below). If the Contractor decides to clean the seed themselves it shall be delivered to THRO or Wind Cave National Park seed storage facility (as determined by the COR). If the Contractor chooses to not clean the seed it shall be delivered to Bend Seed Extractory (address: 63095 Deschutes Market Road, Bend, OR 97701) by date determined by the COR (generally in November). This date may change depending on collection timelines and must be coordinated with the COR to ensure the Bend Seed Extractory is prepared for the shipment. The Contractor shall follow state seed laws and assure safe, legal, and prompt delivery of seed to the extractory. Seed shall be transported in industry standard seed bags (as per the Contractor provided and COR approved seed collection protocol). Seed shipment shall be expedited and tracked (tracking number shall be emailed to COR upon shipment) to minimize the amount of time the seed spends in non-climate controlled conditions.

TASK 3. OPTION: Fall 2020 Seed Collection (Item No. 0003) Provide a proposal to collect the species and quantities listed below in Table 2, including approximate hours to collect. The Contractor should anticipate at least two collection trips with the likelihood of multiple species being collected during each trip.

Seed collection shall follow the Scope of Services listed above under Tasks 1 of Section II and the deliverables/timeline listed below under Section IV. Schedule. This task shall also follow all of the Quality Standards listed below in III.

Table 2. –2020 Fall Seed Collection Species List

Species

Anticipated Collection Time*

Target Collection

(PLS

pounds)**

Typical Harvest Method

Atriplex canescens/confertifolia

Sept-early Nov

Hand strip or Clip off seed heads

Echinachea angustifolia August-early October

12 Hand strip or Clip off seed heads

Ericameria nauseosa Late Sept-early Nov

0.5 Hand strip or Clip off seed heads

Glycyrhiza lepidota August-early October

2 Hand strip or Clip off seed heads

Gutierrezia sarothrae Late Sept-early Nov

0.25 Hand strip or Clip off seed heads

Helianthus annuus/petiolaris July-early October 10 Hand strip or Clip off seed heads

Theodore Roosevelt National Park (252501) Page 7 of 55

Krascheninnikovia lanata August-October 0.5 Hand strip or Clip off seed heads Solidago rigida Sept-October 2 Hand strip or Clip off seed heads

TOTAL REQUIRED PLS

POUNDS***

32.25

*Anticipated species and collection times. Adjustments will be made based on field conditions. Field conditions may vary widely due to un-predictability of weather and seed production.

**The PLS pounds listed are the amount per species the Contractor shall strive to collect under this contract. If the Contractor finds that the amount available for collection is over or under 10% of the amount listed in the table they shall contact the COR for approval to over collect that species or make a species substitution if it cannot be found at the table listed quantity.

***The total PLS pounds is a required amount, whereas the PLS pounds per species can be altered per COR approval.

TASK 4. OPTION: 2020 Seed Cleaning (Item No. 0004) The primary goals of seed cleaning include removal of any non-target seeds and plant parts that encapsulate the seed or otherwise prevent or minimize seed to soil contact when seeds are seeded. Provide a proposal to store and clean (removal of inert matter and non-target species) the species listed above after collection.

Ensure that cleaning equipment and temporary storage materials are free of non-target (including non-native) seed prior to cleaning/storage of THRO seed material. Consider the target clean, PLS seed amount is a fraction of the bulk collected amount. A report summarizing hours spent cleaning, cleaning method, initial bulk/pre-clean weight and finished clean weight is required upon completion of seed cleaning. The Contractor shall also provide pictures of representative samples of seed showing seed condition and remaining non-seed materials. Cleaned seed will be free (less than 0.1%) of species not native to THRO and contain less than 35% inert materials. Testing by an Association of Official Seed Analysts (AOSA) certified lab to determine if cleaning meets the above requirements shall be completed by the NPS.

TASK 5. OPTION: 2020 Seed Delivery (Item No. 0005) Seed delivery shall follow the Scope of Services listed above under Task 2 of Section II and the deliverables/timeline listed below under Section IV. Schedule. This task shall also follow all of the Quality Standards listed below in III.

TASK 6. OPTION: 2021 Seed Cleaning (Item No. 0006) Seed cleaning shall follow the Scope of Services listed above under Task 2 of Section II and the deliverables/timeline listed below under Section IV. Schedule. This task shall also follow all of the Quality Standards listed below in III.

TASK 7. OPTION: 2022 Seed Collection (Item No. 0007) Seed collection in 2022 shall follow the Scope of Services listed above under Task 1 of Section II (including the species list of Table 1) and the deliverables/timeline listed below under Section IV. Schedule. This task shall also follow all of the Quality Standards listed below in III.

TASK 8. OPTION: 2022 Seed Cleaning (Item No. 0008) Seed cleaning shall follow the Scope of Services listed above under Task 2 of Section II and the deliverables/timeline listed below under Section IV. Schedule. This task shall also follow all of the Quality Standards listed below in III.

TASK 9. OPTION: 2022 Seed Delivery (Item No. 0009) Seed delivery shall follow the Scope of Services listed above under Task 2 of Section II and the deliverables/timeline listed below under Section IV. Schedule. This task shall also follow all of the Quality Standards listed below in III.

Theodore Roosevelt National Park (252501) Page 8 of 55

III. QUALITY STANDARDS

Quality Standards shall be in accordance with the base contract, commercial practices and as described in this statement of work.

If the Contractor has concerns regarding meeting any of the following quality standards, the COR must be notified in writing with an explanation and possible corrective actions at the earliest opportunity. A determination of the most effective corrective action as mutually agreed upon will be made, which may result in a modification of this contract.

a. Species Identification: Crews must be knowledgeable of local plant species. Collectors shall be able to identify target and non-target plants to species level (see Table 1 for target collection species).

b. Stage of Maturity: All species shall be harvested when the seed maturity is at the hard dough stage or later. The stage of seed maturity should be checked by cross sectioning several seeds from each site using a knife or fingernail clippers and a hand lens to confirm maturity. If seed is at an early hard dough stage Contractor will collect a larger portion of the stem and allow seed to dry and mature while attached to the stem.

c. Purity: Take precautions to ensure that non target species are not accidentally collected and mixed during the collection process. Often it is impossible to separate similar species once mixed together.

d. Weed Prevention Protocol: Ensure all vehicles, gear, tools, equipment, personnel (e.g., clothing, boots, laces) PPE, etc. involved with or otherwise used in project implementation arrive to the project site clean and free of off-site soil and organic debris.

e. Seed collection standards, conditions, care, and storage:

a. Seed will be collected by hand. No ground disturbance will be incurred.

b. No more than 20% of the total seed of an annual or biennial individual may be collected. For perennial species no more than 30% of the total seed may be removed, unless prior approval by the COR has been granted.

c. Significant damages (such as cut limbs or crushing) to the parent plant should not be incurred during seed collection.

d. Seed heads may be cut off just below the flower inflorescence, however cutting shears must be sterilized with a 7% bleach solution or 70-90% rubbing alcohol between accessions to prevent disease spread.

e. Care must be taken to avoid weedy areas in order to avoid seed contamination and the spread of non-natives.

f. No off-road vehicle driving is allowed for collection. Vehicles must stay on designated roadbeds that are not overgrown with vegetation.

g. Seed collectors must provide the COR with a schedule of collection dates and locations and notify them of any changes to that schedule within 48 hours.

h. Before entering park lands tools/equipment, clothing, shoes and gloves that have been utilized off park lands shall be cleaned and sterilized prior to entry.

i. Do not collect seed in the rain, snow, or periods of heavy dew.

j. Seeds will be placed in paper (or industry standard cloth or seed bags) bags with sufficient air exchange and labeled with species name, bulk weight, seed collector’s name, general site location, and date written on the bag. The bag will be secured to reduce material loss.

Theodore Roosevelt National Park (252501) Page 9 of 55

k. Storage of seed: To prevent damage of seed by mold development, at the end of each collection day, air dry collected seed. Properly store all seed. Bulk material shall be stored such that it has good ventilation and dries properly per standard seed handling procedures.

l. Seed bags will be kept in a cool, dry place during all phases of collection, handling, cleaning and storage. Seed shall also be protected from animal predation by storage in appropriate containers.

m. If anytime during the seed collection process potential plant populations of seed collection value not noted in Table 1. are identified, these species will be immediately communicated to the COR for approval for seed collection.

n. Seed collected in excess of the ordered amounts listed in this contract will either be:

i. Purchased by the government at the same costs of the ordered amounts

ii. Used as an off set to other species that only partial quantities were collected

NOTE: NPS has a strict policy related to plant materials collected within the boundaries of the park. All seed originating from the collection effort in the contract shall be provided to the NPS or shall be destroyed.

f. Seed Storage: Seed shall not be allowed to become wet, predated, or hot (over 850) after harvest. Dry and allow seed to mature as necessary prior to shipping for cleaning. Ensure that temporary storage materials are free of non-target (including non-native) seed prior to storage of PEFO seed material.

g. Seed Cleaning (if included as Option): Ensure that cleaning equipment and temporary storage materials are free of non-target (including non-native) seed prior to cleaning/storage of THRO seed material. Provide equipment cleaning procedures and records to NPS COR.

Cleaned seed will be free (less than 0.1%) of species not native to THRO and contain less than 35% inert materials.

h. Seed Standards: Full payment for seed collection efforts will be issued upon off-target seed identification, verification, and quantification by a third party, AOSCA-approved, seed analysis lab (this will be arranged and paid for by the NPS). The allowable off-target (native to THRO, but not species approved for collection) seed content shall be less than 0.3%, or otherwise approved by the COR. If the COR deems the off-target seed content is unacceptable (and over 0.3%), it may be rejected or accepted in accordance with clause 52.212-4 – Contract Terms and Conditions – Commercial Items.

i. Seed Delivery: All seed delivered shall conform to all laws and regulations pertaining to the sale and shipment of seed required by the Federal Seed Act and North Dakota State Seed laws.

Seed shall be shipped in a manner that will prevent damage to the seed and arrive expeditiously at the Bend Seed Extractory (if not being cleaned by Contractor) or THRO/Wind Cave (if cleaned by Contractor). Seed shall be shipped once seed is dried down (if not cleaning) or cleaned. Seed is to remain dry, in breathable seed bags, and unmixed (meaning one accession is not mixed with another) upon delivery. The Contractor shall provide notification to the COR one week before the seed is shipped to ensure the Bend Seed Extractory/THRO/Wind Cave is prepared for the shipment. Tracking numbers shall be provided to COR at the time of shipment.

j. Acceptance and Reporting: Acceptance will be determined by meeting all seed quality standards required by this statement of work.

IV. DELIVERABLES and SCHEDULE

Theodore Roosevelt National Park (252501) Page 10 of 55

2021 Deliverables Schedule Collect seed from 2021 species list and temporarily store (Task 1)

TBD

OPTION: Clean seed (Option Task 6) TBD

Deliver seed (Task 2) TBD Submit seed collection log and maps for collection locations (Task 1) TBD

BID OPTION 2022 Deliverables Schedule Collect seed from 2022 species list (Option Task 7) TBD Clean seed (Option Task 8) Deliver seed (Option Task 9) TBD Submit collection log and maps for 2022 collections (Option Task 7) TBD

Dates shall be coordinated and approved by the COR after award

V. REFERENCES

a. The AOSCA Native Plant Connection.

http://www.aosca.org/SiteContent/Documents///aoscanativeplant brochure.pdf

b. AOSCA, Pre-Variety Germplasm Certification Standards (AOSCA ©2012, Effective July 2011.

http://seedcert.oregonstate.edu/sites/default/files/publications/aoscapvgstandard s12.pdf

c. Native Seed Quality Bulletin. Native Seed Quality Task Force. 2011.

https://d3n8a8pro7vhmx.cloudfront.net/aosa/pages/33/attachments/original/1422394702/Native _Seed_ Quality_Bulletin_Sept_2012r.pdf?1422394702

d. Seed Collection Guidelines for National Parks. Taliga C.E., USDA NRCS, Brown J.

H., NPS DSC T, Denver Service Center, Denver Colorado. November 2015.

BID OPTION 2020 Deliverables Schedule Collect seed from 2020 fall species list and temporarily store (if necessary) (Option Task 3)

TBD

Clean seed (Option Task 4) TBD Deliver seed (Option Task 5) TBD Submit collection log and maps for 2020 collections (Option Task 3) TBD http://www.aosca.org/SiteContent/Documents/aoscanativeplantbrochure.pdf http://www.aosca.org/SiteContent/Documents/aoscanativeplantbrochure.pdf http://seedcert.oregonstate.edu/sites/default/files/publications/aoscapvgstandards12.pdf http://seedcert.oregonstate.edu/sites/default/files/publications/aoscapvgstandards12.pdf

Theodore Roosevelt National Park (252501) Page 11 of 55

PACKAGING AND MARKING

(End of Packaging and Marking)

Theodore Roosevelt National Park (252501) Page 12 of 55

INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

(End of Inspection and Acceptance)

Theodore Roosevelt National Park (252501) Page 13 of 55

DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award through five years.

F.2.0 PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

The following clause is incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

(End of Deliveries or Performance)

Theodore Roosevelt National Park (252501) Page 14 of 55

CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(APR 2013)

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

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

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

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

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

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

4. Contractor’s Release of Claims shall be submitted with the final invoice.

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

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

(End of Local Clause)

(End of Contract Administration Data) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Theodore Roosevelt National Park (252501) Page 15 of 55

SPECIAL CONTRACT REQUIREMENTS

1.0 RESERVED.

2.0 ENVIRONMENTAL INTERRUPTION OF WORK

2.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

3.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

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

3.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

3.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

3.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

4.0 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);

the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

5.0 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional

Theodore Roosevelt National Park (252501) Page 16 of 55 protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

6.0 GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

• USDA Biobased product listings published at www.biopreferred.gov.

• Energy Star® product listings published at www.energystar.gov/products.

• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories

Contractor shall comply with all reporting requirements stated in the applicable clause(s):

• 52.223-1 Biobased Product Certification

• 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

• 52.223-4 Recovered Material Certification

• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

• 52.223-15 Energy Efficiency in Energy Consuming Products

• 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts

7.0 RESTORATION OF RESOURCES

7.1 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area.

Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.

7.2 Site and Access Roads – Site and public or private access roads damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the Contractor.

8.0 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

(End of clause) http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories http://energy.gov/eere/femp/covered-product-categories

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CONTRACT CLAUSES

The following provision is incorporated by reference:

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.209-2 PROHIBITION ON CONTRCTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

DEC 2013

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.-

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if– http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5 https://www.acquisition.gov/content/part-33-protests-disputes-and-appeals#i1080268

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost https://www.acquisition.gov/content/part-32-contract-financing#i1081898 https://www.acquisition.gov/content/part-32-contract-financing#i1081962

Theodore Roosevelt National Park (252501) Page 21 of 55 principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause.