Sol_140P2125R0039.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION CALL

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

NPS, WASO - WCP Contracting

P.O.Box 25287 MS WCP

Denver CO 80225

PWA

Submit by email to sarah_welch@nps.gov per instructions in Section L.

Sarah Welch 202-354-3974

1x 07/08/2025

140P2125R0039

INVITATION FOR BID

REQUEST FOR PROPOSAL

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Request for Proposals #140P2125R0039 is to conduct a removal action under the

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of solid waste and commingled soil (some of which is contaminated and may be classified as hazardous) from the Pinhook Bog debris site in Indiana Dunes National Park, Indiana.

a) This procurement is 100% set-aside for Service-Disabled Veteran-Owned small business (SDVOSB) concerns.

b) The North American Industrial Classification System (NAICS) code and the associated small business size standard are noted in Section K of this solicitation.

c) All work will be performed under a single firm-fixed-price contract subject to the Wage Rate Requirements (Construction) clauses.

d) The estimated magnitude of this project is between $250,000 and $1,000,000 (refer to Offer Affordability notice in Section L.3 and FAR 36.204).

e) The time zone in Block 13a is Pacific.

f) Pre-proposal site visit: Refer to Section L.1.

Instructions: To complete this SF1442, write the business name, address, UEI (unique entity identifier), and point of contact in Block 14 and complete Blocks 15 through

20C, including acknowledging all amendments in Block 19.

11. The Contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 430 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F.

08/11/2025

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

NPS, WASO - WCP Contracting P.O.Box 25287 MS WCP

Denver CO 80225

PWA

Sarah Welch

28. NEGOTIATED AGREEMENT 29. AWARD

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

and return

(Contractor is not required to sign this document.) Your offer on this

140P2125R0039: Conduct NTCRA under CERCLA at Pinhook Bog Debris Site Indiana Dunes NP

SECTION A: Solicitation/contract form (Standard Form 1442) (Pages 1-2)

SECTION B: Bid Schedule

CONTRACT PRICE SCHEDULE

All work shall be performed in accordance with the Work Plan and other documents listed in Section J.

Refer to Attachment 1 for line item and option definitions.

Contract Line Item (CLIN) Quantity (1) and Unit Unit Price CLIN Price (2)

1: Project support tasks 1 lump sum -- $

2A: Pre-Characterization Plan and Report 1 lump sum -- $

2B: Pre-Characterization Sampling 366 each $ $

3A: Confirmation Plan and Report 1 lump sum -- $

3B: Confirmation Sampling 67 each $ $

4: Non-removal Site Activities 1 lump sum -- $

5: Excavated Waste Removal 2,500 tons $ $ 6: Non-Hazardous Excavated Waste Transportation and Disposal 2,500 tons $ $

7: Clean Fill Protocol Implementation 1 lump sum -- $ 8: Backfill Material Sourcing, Transportation, and Placement

1,200 cubic yards $ $

9: Final Cut and Grade 5,000 square yards $ $

10: Onsite Archeological Monitoring 50 days $ $

TOTAL PRICE FOR BASE ITEMS 1 through 10 (based on estimated quantities):

Option A – Excavation Water Management (priced per gallon, exercised in 40-gallon increments), no estimated quantity gallon $ --

Option B: Biological Based Hydraulic Fluid in Earth-moving Equipment (priced per machine) See list -- $

Option C: Hazardous Soil Transportation and Disposal 25 tons $ --

The Government reserves the right to unilaterally award any or no options at or after time of award. See Paragraphs H.7, H.11, and M.1 C for details.

(1) Unit-priced CLINs show an estimated quantity; see Paragraph H.7.

(2) CLIN Price uses estimated quantities for unit-priced items.

SECTION C: Specifications/Drawings Project Location: Indiana Dunes National Park, La Porte County, Indiana.

The contractor shall perform all work in accordance with the documents listed in Section J, which are attached and incorporated into this solicitation/contract. The work is a non-time critical removal action (NTCRA) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§9601 et seq. The contractor will perform the NTCRA at Pinhook Bog in Indiana Dunes National Park (INDU) to remove waste and contaminated soil (“materials”) and transport them to appropriate disposal facilities, in accordance with the attachments listed in Section J.

The intent of the contract is to remove the materials to reach the removal action objectives (RAOs) at the site as confirmed by post-removal testing. RAOs address risk to human health and the environment, constraints on park resources, and federal and state regulations and guidance. The goal is that upon completion of this removal action, any remaining risks to human health and ecological receptors from are acceptable. The estimated removal quantities in this contract are based on previous site investigations, may have changed since the surveys, and weights can be affected by moisture content. The contract uses unit-priced items subject to the variation in quantity clause in conjunction with an established ceiling to reach the Site’s RAOs.

SECTION D: Packaging and Marking (not used)

SECTION E: Inspection and Acceptance

52.246-12 Inspection of Construction. (AUG 1996)

SECTION F: Deliveries or Performance

52.236-15 Schedules for Construction Contracts (APR 1984) 52.242-14 Suspension of Work. (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed (NTP), (b) prosecute the work diligently, and (c) complete the entire work not later than 430 days thereafter. The time stated for completion shall include final cleanup of the premises. (End of clause)

52.252-2 FAR Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more Federal Acquisition Regulation (FAR) and Department of the Interior Acquisition Regulation (DIAR) clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

FAR - FAR | Acquisition.GOV (https://www.acquisition.gov/browse/index/far) DIAR - eCFR :: 48 CFR Chapter 14 -- Department of the Interior (DIAR) (https://www.ecfr.gov/current/title- 48/chapter-14) Clauses that are from the DIAR begin with “14”.

https://www.acquisition.gov/browse/index/far https://www.ecfr.gov/current/title-48/chapter-14

Addendum to 52.211-10(a): The CO will issue the NTP after receipt and acceptance of performance and payment bonds. The CO will issue an authorization to mobilize and commence on-site removal activities after NPS acceptance of Contractor’s post-award planning documents and liability insurance certificates.

52.211-18 Variation in Estimated Quantity (APR 1984) If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract unit price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract.

Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified. (End of clause)

SECTION G: Contract Administration Data

1452.201-70 Authorities and Delegations (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority.

The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk. (End of clause)

1452.204-70 Release of Claims—Department of the Interior (JUL 1996) After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release. (End of clause)

G.1 Notification and Performance of Unit-Priced Items The Contractor shall perform and measure the unit-priced items in the price schedule as described in Attachment 1, NPS Removal Action Specifications. Payment by NPS will be at the unit prices listed for the actual number of units performed and accepted pursuant to FAR clause 52.211-18, Variation in Estimated Quantity. The Contractor must notify the NPS Contracting Officer in writing when performance of any unit-priced CLIN reaches 80% of the estimated quantity authorized in the contract (SF1442), or most recent modification (SF30).

At no time is the contractor authorized to perform services that cost more than the amount shown for any item, which represents a "not to exceed" (NTE) value on the contract or current modification. No legal liability on the part of the Government for any payment beyond the NTE values may arise until additional funds are obligated by the Contracting Officer by modification to this contract and so notifies the Contractor.

G.2 Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (February 2021) Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP; https://www.ipp.gov).

"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 to IPP (upload as attachments to the IPP invoice before you click “submit” in IPP):

1. Progress payment request using NPS Pay Estimate form, which includes certification required by FAR clause 52.232-5 (must be signed for progress payment requests only), available for download at https://www.nps.gov/dscw/publicforms.htm#cs.

2. Updated Schedule of Values for work being invoiced (part of NPS Pay Estimate form).

3. Progress payment checklist, completed and signed by the NPS COR.

4. If submitting a final invoice, also upload the signed Release of Claims form.

Contractor’s failure to attach the required documentation as specified above will result in the IPP invoice being rejected and cause a delay in payment.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov 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 clause)

G.3a Contractor Performance Assessment. Applies if contract value is less than $750,000.

The Contracting Officer may elect to enter an assessment report in the Contractor Performance Assessment Reporting System (CPARS) upon completion of the work to document particularly high or low quality work, as described in FAR 42.1502. The evaluation would include clear relevant information that accurately depicts the contractor’s performance and be based on objective facts supported by program and contract performance data. If an evaluation report is entered in CPARS, the contractor will be notified and have the opportunity to comment on the evaluation in CPARS.

G.4b NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (Dec 2015) Applies if contract value is more than $750,000.

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.

The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report.

Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 10 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

1. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

2. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

3. All information provided should be reviewed for accuracy prior to submission.

4. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

5. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

6. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/ on (date). The contractor neither signed nor offered comment in response to this assessment."

6. The following guidelines apply concerning your use of the past performance evaluation:

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

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

c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

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

(End of clause)

G.4 NPS Contact Information Contracting Officer (CO): Sarah Welch 202-354-3974 sarah_welch@nps.gov CO’s Representative (COR): Olivia Garcia olivia_garcia@nps.gov Park point of contact to be assigned and contact info provided after award.

SECTION H: Special Contract Requirements

H.1 Wage Determination U.S. Department of Labor General Wage Decision IN20250001 for La Porte County, Indiana, is incorporated into this solicitation/contract, as shown in Section J. Also review Final Rule: Updating the Davis-Bacon and related acts regulations.

H.2 Progress Meetings The Contracting Officer will convene periodic meetings described in Attachment 1; the contractor will attend in person, by phone, or by videoconference. The Contracting Officer will provide specific details regarding the date, time, and location of the conferences, any need for attendance by subcontractors, and information regarding the items to be discussed.

H.3 Interpretations of Contract: Notice of Ambiguities This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties' complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify, or contradict it.

The Contractor shall notify the Contracting Officer upon discovery of any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated herein.

H.4 Conduct of Operations At all times the Contractor shall conduct their organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate regulations as the Superintendent may prescribe. The park compendium is available at Compendium -https://www.dol.gov/agencies/whd/government-contracts/construction/rulemaking-davis-bacon https://www.dol.gov/agencies/whd/government-contracts/construction/rulemaking-davis-bacon https://www.nps.gov/indu/learn/management/compendium.htm

Indiana Dunes National Park; this document is updated annually; the contractor must comply with the compendium in effect at the time on-site work occurs.

Work on Saturdays, Sundays, Federal holidays or at night is discouraged and may be performed only with the prior consent of the Contracting Officer. No signs or advertisements (except those specified herein) shall be displayed on the construction site or within the park except with prior approval of the Contracting Officer. Rowdy, disruptive behavior and/or sexual harassment will not be tolerated and the offending individual(s) will be removed from the site. Amplified playing of music or talk programs is prohibited on site or in buildings.

H.5 Limitations on Subcontracting Requirements The Small Business (SB) prime contractor shall not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States, to first-tier subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded. Refer to Paragraph (e)(1)(i)(A) of FAR clause 52.219-14, Limitations on Subcontracting (OCT 2022) (DEVIATION OCT 2022) for direct costs excluded from the calculations (in full text below). Prior to submitting the final invoice, the contractor shall submit a report demonstrating compliance with the clauses. Non-compliance with the limitations on subcontracting requirements will compel the CO to prepare a CPARS evaluation (see G.3).

H.6 Substitutions and Appointment of Key Personnel In connection with this contract, key personnel will be limited to individuals that were specifically identified in the Contractor's accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these key personnel. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the solicitation, whichever is greater, is the minimum standard for any substitution.

Key personnel are those identified in Attachment 1, Section 01 31 00: Environmental Professional, Human Health Risk Assessor, Ecological Risk Assessor, and Regulatory Specialist.

Prior to commencement of work on this contract, the contractor shall provide to the Contracting Officer and COR the name, email address, and telephone number of the Contractor’s Project Manager (CPM), who will respond to operational problems and/or emergencies on a daily basis and perform the other duties described in the Statement of Work. The contractor agrees that notice to the CPM shall constitute notice to the contractor and agrees to be bound by any commitments or representations made by the CPM.

In addition, the Contractor shall appoint a Site Superintendent to oversee on-site activities and provide a copy of the appointment memo with their email address and telephone number to the CO and COR.

H.7 Increased or Decreased Quantities of Unit-Priced Line Items Unit price is an amount incorporated into the contract, applicable during the duration of the Work as a price per unit of measurement for materials, equipment, or services, added to or deducted from the contract sum by modification, if the estimated quantities required by the contract documents are increased or decreased. Unit prices include all necessary labor to perform the work, lodging and per diem for workers, plus cost for materials, delivery, installation, insurance, applicable taxes, overhead, and profit.

The Government may, at its sole discretion, increase or decrease the quantities of unit-priced line items to accomplish the work. The Contracting Officer may unilaterally authorize increased quantities by written notice to the Contractor any time prior to demobilization from the Site, and for decreased quantities any time prior to final payment. Refer to notification requirements in Paragraph G.1 and FAR clause https://www.nps.gov/indu/learn/management/compendium.htm

52.211-18, Variation in Estimated Quantity.

H.8 Worker’s Compensation Insurance As authorized by FAR 28.306 (b) when the FAR Clause 52.228-5 Insurance-Work on a Government Installation is required, the Contractor shall be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below pursuant to FAR 28.307: (a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

H.9 Archeological Findings Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archeological objects of any nature, historic or prehistoric, found within the work area, are the property of and will be removed only by the Government. Should Contractor's operations uncover or their employees find any archeological remains, Contractor shall suspend operations at the site of discovery; notify Contracting Officer immediately of the findings; and continue operations in other areas. Included with the notification shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for Contractor, the parties will negotiate an equitable adjustment under the General Provisions of the Contract.

H.10 Identification of Contractor Employees Contractor and subcontractor personnel shall be readily identifiable as such by wearing a uniform, personal protective equipment with company logo, badge with company and employee name, or similar item(s) when on Site. Contractor personnel shall not in any way represent themselves as NPS employees.

H.11 Option for Additional Services—Separately Priced Line Item The Government may, at its sole discretion, require the performance of any of the items identified in the Schedule as options at the price negotiated in the contract Schedule. Options may be exercised in any combination, order, or grouping deemed in the judgment of the Contracting Officer to offer the best value to the Government. The Government reserves the right to award any or no options at the time of award.

The Contracting Officer may unilaterally exercise any option by written notice to the Contractor within these stated timeframes:

Option A, Excavation Water Management – prior to final demobilization.

Option B, Biobased Hydraulic Fluid in Earth-moving Equipment - up to 30 days prior to mobilization to the Site.

Option C, Hazardous Soil Transportation and Disposal – up to 30 days after notice from the contractor that waste is characterized as hazardous. Once exercised, the final quantity may be unilaterally adjusted by NPS in accordance with paragraph H.7.

SECTION I: Contract Clauses

52.202-1 Definitions. (JUN 2020) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020) 52.203-7 Anti-Kickback Procedures. (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) 52.203-14 Display of Hotline Poster(s) (NOV 2021) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (NOV 2023) 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (DEC 2023) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JAN 2025) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-2 Audit and Records—Negotiation (JUN 2020) 52.215-8 Order of Precedence – Uniform Contract Format. (OCT 1997) 52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997) [Note to Offerors: This clause will be included in the contract only if the prospective contractor does not propose facilities capital cost of money in its offer. Refer to provision 52.215-16 in Section L.1.]

52.215-19 Notification of Ownership Changes (OCT 1997) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data—Modifications (NOV 2021) 52.219- 27 Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small

Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) 52.219-8 Utilization of Small Business Concerns. (JAN 2025) 52.219-28 Post-Award Small Business Program Rerepresentation. (JAN 2025) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (MAR 2018)

52.222-6 Construction Wage Rate Requirements (AUG 2018) (DEVIATION FEB 2025) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (JUL 2021) 52.222-9 Apprentices and Trainees. (JUL 2005) (DEVIATION FEB 2025) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) (DEVIATION FEB 2025) 52.222-12 Contract Termination - Debarment. (MAY 2014) (DEVIATION FEB 2025) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-35 Equal Opportunity for Veterans. (JUN 2020) 52.222-36 Affirmative Action for Workers with Disabilities. (JUN 2020) 52.222-37 Employment Reports on Veterans. (JUN 2020) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) 52.222-50 Combating Trafficking in Persons. (NOV 2021) 52.222-54 Employment Eligibility Verification. (JAN 2025) 52.222-55 Minimum Wages Under Executive Order 14026 (JAN 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024)

(DEVIATION FEB 2025)

52.223-3, Alt. 1 Hazardous Material Identification and Material Safety Data (FEB 2021), Alternate 1

(JUL 1995)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2024) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (MAY 2008) 52.223-15 Energy Efficiency in Energy-Consuming Products (MAY 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

(AUG 2018)

52.223-20 Aerosols. (MAY 2024) 52.223-21 Foams (MAY 2024) 52.223-23 Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025) 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) 52.226-7 Drug-Free Workplace.] (MAY 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.227-17 Rights in Data-Special Works (DEC 2007) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Individual Surety Pledges of Assets. (FEB 2021)

52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds - Construction. (JUN 2020) (DEVIATION MAY 2023) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.229-12 Tax on Certain Foreign Procurements. (FEB 2021) 52.232-5 Payments under Fixed-Price Construction Contracts. (JUN 2020) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-1 Disputes, Alt. 1. (MAY 2014), Alternate 1 (DEC 1991) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-13 Bankruptcy. (JUL 1995) 52.243-4 Changes. (JUN 2007) 52.244-6 Subcontracts for Commercial Products and Commercial Services. (JAN 2025) (DEVIATION

FEB 2025)

52.246-21 Warranty of Construction. (MAR 1994) - Alternate I (APR 1984) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels. (NOV 2021) 52.248-3 Value Engineering - Construction. (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(b) Department of the Interior (48 CFR 14) 52.253-1 Computer Generated Forms. (JAN 1991) 1452.215-70 Examination of Records by the Department of the Interior (APR 1984)

52.219-14 Limitations on Subcontracting. (OCT 2022) (DEVIATION OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and

16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in

19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or

19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause –

[Contracting Officer check as appropriate.] _x_ By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small

Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions. (End of clause)

52.225-9 Buy American - Construction Materials. (NOV 2021)

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Construction material means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

https://www.acquisition.gov/far/part-2#FAR_2_101

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means—

(1) For construction material…