Sol_140P3023R0015.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

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040612083

NPS, NCR - Regional Contracting

Acquisition Management Division

1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001

PCR

Brian Dankmeyer 2025735697

1x 08/11/2023

140P3023R0015

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

Attachment 1 Construction Contract Administration

Attachment 2 CAAC Letter 2020-04 - 05.01.20

Attachment 3 DOL WD JeffCo WV20220037 6.30.23

Attachment 4 HAFE 254773 GUTTERS & DRAINAGE Price Schedule 02 02 2023

Attachment 5 FACTS Sheet HAFE Parkwide Gutters & Drainage Systems

Attachment 6 Daily Report Log

Attachment 7 Subcontracting Percentage Worksheet v1.2

Attachment 8 HAFE 254773 Rehabilitate Gutters Parkwide 100% FINAL DRAWINGS LR

Attachment 9 HAFE 254773 Rehabilitate Gutters Parkwide 100% FINAL SPECIFICATIONS

Attachment 10 HAFE 254773 Rehabilitate Gutters Parkwide 100% FINAL SUBMITTAL LIST

Attachment 11 Map Site Visit Meeting Location Parkwide Gutters

Attachment 12 Site Visit Agenda HAFE Parkwide Gutters

Attachment 13 US 340 Rock Slide_Handout_20230526

11. The Contractor shall begin performance

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.)

10 240 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

09/11/2023

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. 4-85)

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

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 and return (Contractor is not required to sign this document.)

Your offer on this 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, NCR - Regional Contracting Acquisition Management Division

1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001

PCR

Lisa Fromm

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish 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, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P3023R0015

The Government anticipates awarding one firm fixed-price contract as a result of this solicitation.

Delivery: 240 Days After Notice to Proceed

Delivery Location Code: 0009060793

NPS, Land Resources Program

1100 Ohio Dr SW

Washington DC 20242 US

Period of Performance: 09/25/2023 to 06/28/2024

00010 HAFE 254773 Gutter and Downspouts Various

Buildings IAW B08 Attachment 4 Price Schedule.

Product/Service Code: Z1AA

Product/Service Description: MAINTENANCE OF

OFFICE BUILDINGS

00020 Optional line Item for additional buildings and locations IAW B08 Attachment 4 Price Schedule.

Product/Service Code: Z2JZ

Product/Service Description: REPAIR OR ALTERATION

OF MISCELLANEOUS BUILDINGS

POC: Brian Dankmeyer, brian_dankmeyer@nps.gov

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140P3023R0015

PAGE OF

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PART I - THE SCHEDULE

SECTION B – PRICE SCHEDULE

National Park Service – National Capital Region Harpers Ferry National Historical Park – Parkwide Gutters & Drainage Systems

171 Shoreline Drive, Harpers Ferry, WV 25425

See Attachment titled B08 Attachment 4 Price Schedule – The offeror shall complete the price schedule with no omissions and submit it as firm fixed-pricing with their offer valid for a minimum of 90-Days. All provided measurements are estimated quantities for information and estimation purposes only and are subject to field verification by the contractor. Any increases/decreases are subject to the proposed unit costs included in the award. Contract modifications and price adjustments shall not be granted based on conditions that could be determined prior to award.

FAR 36.204 Disclosure of the magnitude of construction projects

The Government’s estimate is:

Between $1,000,000 and $5,000,000

SECTION C – SPECIFICATIONS/DRAWINGS

Harpers Ferry National Historical Park (HAFE) Parkwide Gutters & Drainage Systems

6/30/2023

Statement of Work (SOW)

1.0 GENERAL

Harpers Ferry National Historical Park (HAFE), in Harpers Ferry, WV seeks an experienced contractor that specializes in and is technically proficient in historic gutter repair and replacement, historic downspout repair and replacement, cleaning historic masonry, historic carpentry, and historic paint and painting. All work is subject to The Secretary of the Interior’s Standards for the Treatment of Historic Properties. Further, given the nature of historic structures, all painted components and solder are assumed to be coated in lead-based paint, therefor the contractor shall be proficient and experienced in working with and being in the presence of lead. Contractors and their subcontractors, if any, are required provide a minimum of three examples of their capabilities on historic structures listed on the National Register of Historic Places (NRHP) not longer than ten years ago. The prime contractor designated construction manager must have a minimum of ten years of construction management and supervisor experience specific to historic building projects whereas the prime contractor designated superintendent shall have a minimum of five years’ experience in construction superintendency and experience in general construction, historic masonry repairs, and historic gutter and drainage systems.

It is strongly recommended that the contractor’s visit and inspect the site and structures to see for themselves the existing conditions and to observe the complexities that may be experienced during work performance. All of the structures, that are a part of this requirement, are open to the public and can be viewed during normal park business hours. It is highly recommended that contractor walk the site on their own, prior to the date and time of a site visit meeting that is yet to be determined. The Government will issue an amendment to the solicitation when the site visit date, time, and location are finalized. For this requirement safety, knowledge of historic https://www.nps.gov/orgs/1739/secretary-standards-treatment-historic-properties.htm

140P3023R0015

5 | 49 materials, repair techniques, care, consultation, communication, and teamwork are critical. Please quote accordingly.

2.0 PURPOSE

As defined by the park’s Foundation Document, “The purpose of Harpers Ferry National Historical Park is to preserve, protect, restore, and interpret for the benefit of the public the resources associated with the HAFE and its legacy”. Further, the Mission of the National Park Service is to “Preserve unimpaired the natural and cultural resources and values of the national park system for the enjoyment, education, and inspiration of this and future generations,” therefore, the purpose of this project is to replace and/or repair gutters, downspouts, and associated components; not to perform lead-based paint (LBP) or lead containing material (LCM) abatement. Abatement is not required for this project unless hot work such as torch cutting, or welding of LBP/LCM is to occur.

The project is to make parkwide repairs of the roof gutter and drainage systems for twenty-three buildings in HAFE to included:

CLIN 00010 – HAFE 254773 Gutter and Downspouts Various Buildings

00010a Brackett House (B57) – 387 Fillmore Street - Camp Hill 00010b Curtis Free Will Baptist Church (B75) – Camp Hill – 47 Storer College Place 00010c Allstadt Main House - 227 Allstadts Hill Road 00010d Allstadt Stone House - 227 Allstadts Hill Road 00010e VC Information Center - 171 Shoreline Drive - Cavalier Heights 00010f VC Public Restrooms - 171 Shoreline Drive - Cavalier Heights 00010g Doran Block Store (B33) - 744 Shenandoah Street, Lower Town 00010h John Williams/Stage Coach Inn (B45) - 723 Shenandoah Street, Lower Town 00010i Blacksmith Shop (B84) - 568 Shenandoah Street, Lower Town 00010j Morrell House (B58) - 485 Fillmore Street 00010k Susan Downey House (B15) - 26 High Street, Lower Town 00010l McGraw Building (B33A) - 744 Shenandoah Street, Lower Town 00010m Ice House (B32) - 744 Shenandoah Street, Lower Town 00010n Frankel Brother Store – William Richard (B40) 759 Shenandoah Street, Lower Town

CLIN 00020 – Optional line Item for Additional Buildings & Locations Subject to Available Funds (SAF)

00020a Mccabe Marmion (B43) - 743 Shenandoah Street, Lower Town 00020b Philip Coons Building (B44) - 735 Shenandoah Street, Lower Town 00020c Nash Main House - 542 Old Furnace Road 00020d Alfred Burton Jewelry Shop (B14) - 22 High Street, Lower Town 00020e Frederick A Roeder House (B16) - 30 High Street, Lower Town 00020f Smokehouse (B34a) - 750 Shenandoah Street, Lower Town 00020g Provost Marshall Office (B34) - 750 Shenandoah Street, Lower Town 00020h Dry Goods Store (B35) - 754 Shenandoah Street, Lower Town 00020i John Brown Fort (B63) - 814 Shenandoah Street, Lower Town

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3.0 LOCATION

Harpers Ferry National Historical Park 171 Shoreline Drive Harpers Ferry, WV 25425

4.0 TASKS/WORK

The contractor shall:

4.1 Perform all work in accordance with the terms and conditions, drawings, and specifications attached to this solicitation and resulting award.

5.0 Product Requirements:

The contractor shall:

5.1 Use all products in accordance with the terms and conditions, drawings, and specifications attached to this solicitation and resulting award.

6.0 Additional Contractor Requirements

The contractor SHALL furnish and/or provide:

6.1 Sufficient manpower, all equipment, and materials to complete all work in accordance with the terms and conditions, drawings, and specifications attached to this solicitation and resulting award.

6.2 Staff recognizable as employees of the contractor. Distinctive clothing shall be worn that is uniform in appearance and include long pants, shirts, hats, and seasonal outerwear, which that bears the name and logo of the company and the name of the employee.

6.5 Daily Work Log

6.5.1 The contractor shall maintain a daily work log by filling out completely, and as applicable, the Daily Work Log Form provided to them by the Government. The daily work log shall be submitted to the COR via email after each week of work and or any time requested by the COR, CS, or CO.

6.5.2 The contractor shall also note in the daily work log the presence of any damage or conditions that may affect the visual quality or the contractor ability to perform work. The contractor shall note and report to the COR any maintenance issues or problems that arise, which are not within the scope of work.

6.6 Provide all Submittals and implement them after approved by the COR in accordance with the matrix below and the attachment labeled “Submittal List.” A CM-16 Submittal Form shall be used as a cover sheet for every submittal and will be provided by the Government to the contractor at award. Multiple submittals may be listed on a single CM 16 submittal form. Mockups and or physical samples shall be submitted to the COR for review and approval. Mockups, when approved, will establish the quality of work standard for continued work. The Required contracted submittals and their due dates include (quote accordingly):

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Document Description MAX No. of Pages Due 1 Prime & Subcontractor Capability

Statements/Qualifications per solicitation.

2 With Proposal

2 Full Professional Resumes for Prime Designated Construction Manager and Prime Designated Superintendent per the solicitation.

2-pages each With Proposal

3 Subcontracting Percentage Work Sheet (If prime contractor is 100% self-performing, they shall submit a subcontracting percentage worksheet indicating 100% self-performance)

1-page for each sub With Proposal

4 Screenshot/printout of active SAM Registration w/ UEI # clearly visible

1 With Proposal

5 Performance (SF-25) & Payment Bonds (SF-25-A) N/A 10 Days After Award 6 Certificate of Insurance N/A 10 Days After Award 7 SF-1413s (one for each subcontractor) N/A 10 Days After Award 8 Product Data/Mock-Ups, Certification/Qualification

Data, Construction Test & Reports (longest lead time items 1st)

N/A 10 Days After Award & Ongoing

9 Safety Plan N/A 14 Days After Award 10 Waste Management/Hazardous Material Plan N/A 14 Days After Award 11 Quality Control Plan N/A 14 Days After Award 12 Construction Schedule – Gantt Chart Format N/A 28 Days After Award 13 Schedule of Values N/A 28 Days After Award 14 Daily Work Logs N/A Weekly After Mobilization 15 Certified Payroll on WH-347 correctly filled out N/A Weekly After Mobilization 16 Hazardous Material Disposal, Recycling, and Waste

Manifests N/A Prior to final invoice

17 Construction Documents N/A Prior to final invoice 18 Release of Claims DI-137 N/A With Final Invoice 19 Warranty Letter - Minimum 1-Year N/A With Final Invoice

*Considerations shall be sought by the Government for any documents that are not submitted within the specified contracted due dates.

6.7 Mockups and or samples shall be provided in place and will be of every type of conservation work in this requirement to demonstrate application techniques, aesthetic effects, color, and texture all of which will establish the quality standard considered acceptable by the Government. The contractor is responsible for maintaining and protecting approved mockups until substantial completion. Delivery location of mockups and or samples that are not in place will be determined by the COR. Mockups and or samples must be approved by the COR prior to execution of work specific to the mockup and prior to ordering any materials. It is the contractor’s responsibility to determine the order in which submittals will be delivered to the COR for review and approval. The order of submittals shall not interfere with the delivery date of this contract.

6.8 That all work will follow applicable codes and regulations.

6.9 All materials, labor, and craftsmanship shall carry a minimum 1-year written warranty from the date of final acceptance.

6.10 The contractor shall provide a written descriptions to the park on the maintenance of products, including all product performance data and applicable warranty.

https://www.dol.gov/agencies/whd/forms/wh347

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6.11 Construction Waste and Hazardous waste (lead) must be re-claimed/captured for recycling by the contractor. Manifests of all disposed waste shall be submitted to the COR and CO prior to final invoice.

Lead waste on the ground or in water is not permitted. All refuse, excess or waste materials resulting from construction operations shall become the property of the contractor (excluding native vegetative and soil debris) and shall be recycled and/or disposed of. All disposals shall be in accordance with federal, state, and local laws and regulations. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.

6.12 All patches, repairs or modifications to building’s exterior surfaces shall match existing conditions. COR approval for any proposed new penetrations is required and shall be as concealed or conspicuous and not to take away from the historic integrity of the structure.

6.13 Submit a revised construction schedule at notice to proceed and continually update as project progresses and with all payment applications.

6.14 Comprehensive Project Completion Report in PDF format that has a table of contents and clearly indicate all phases of construction, records, materials, and warranties as articulated in the attached specifications.

7.0 The Contractor shall be responsible for:

• Compliance with all federal, state, local, environmental laws, regulations, and policies regarding hazardous materials specifically any chemicals the contractor uses in the performance of work on this contract and handling of lead paint removal and waste.

• Ensuring that all work satisfies all applicable federal, state, and local codes/standards. The contractor shall comply with all applicable Federal, State, and local environmental statutes and regulations.

• Contractor Employee Conduct: The Contractor’s employees shall, always, while on the job site, whether on or off duty, conduct themselves in a professional, orderly, and safe manner. Rudeness, fighting, being under the influence of alcohol and/or drugs or bringing and/or consuming alcohol and/or drugs, gambling, soliciting, stealing, and any immoral or otherwise undesirable conduct shall not be permitted on the job site. Any employee engaging in such conduct shall immediately and permanent be removal from the job site.

o All contract employees shall display professionalism in all interactions with one another, the public and Government employees. The Contracting Officer may require the Contractor to remove any employee working under this requirement for reasons of misconduct and security, or if found to be (or suspected to be) under the influence of alcohol, drugs, or other incapacitating agent(s).

o A contractor’s employee shall be subject to removal from the premises upon determination by the Contracting Officer that such action is in the best interests of the Government. Such removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the service as specified.

o All areas used by the Contractor within park boundaries shall be kept neat and organized. All equipment must be properly maintained and secured at the end of each day. The contractor shall not leave any tools, parts and/or supplies unattended in at any time while performing services.

o Contractor employees shall not loiter in any working or patron area. Upon completion of their assigned work, employees shall promptly depart from the public areas.

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9 | 49 o Photographs, social media posts, online content, or any form of communication is strictly prohibited regarding all aspects of this requirement unless authorized in writing by the COR.

• Any refuse generated daily by the contractor must be secured and disposed of properly outside of park boundaries in accordance with federal, state, and local laws each day.

• Confining work, the storage of materials and equipment, the parking of vehicles, and all other operations in connection with this contract to the specified hours and work areas approved by the COR. All damage resulting from such operations shall be repaired to its original condition to the satisfaction of the COR at no additional cost to the Government.

• For all damages and liability for any loss or damage to Government property caused by contractor’s operations, the contractor shall assume full responsibility for any and all damages or claims for damage resulting from injury to persons, property, or equipment, which might result from any work performed under this contract.

• Ensuring that proper safety and health precautions are in place to protect the work, the workers, the public, and the property of others at all times in performance of this contract.

• For the repair or replacement of all damaged Government property caused by their operations at no additional cost to the Government.

• In instances where the contractor finds pre-existing conditions or damage to park resources that may reflect upon the quality of the work or cause undue liability, the contractor shall not start work until the contractor and COR have agreed on the responsibility for these pre-existing conditions.

• All losses and/or damages shall be reported to the COR, within two (2) hours of any loss and/or damage being determined and before leaving the area loss occurred. Contractor shall provide written documentation of the loss and/or damage to the CO and COR within 24 hours of occurrence. The documentation must include at least:

o Time and Date of occurrence o Type of Loss or Damage o Name (s) and Contact Numbers of People involved o Impact to park operation and/or assets effected by incident o Any details leading up to and after the incident

• For all identified losses and/or damages o The contractor shall take any immediate actions necessary to prevent further damage.

o Is responsible for all costs associated with reported damages and/or losses to persons or property that occur as a result of the contractor’s negligence.

o The Government, at its sole direction, may elect to repair and/or replace the damaged property, and deduct such costs from monies due the contractor.

8.0 MATERIAL & EQUIPMENT TRANSPORTATION, HANDLING AND STORAGE

8.1 Contactor shall have a representative on site to receive material deliveries, and the contractor shall remain responsible for all material deliveries whether their representative is on site at the time of delivery or not.

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8.2 Government-owned equipment is not available for Contractor’s use to accomplish any Work, and Government buildings and other facilities are not available for storage of Contractor’s materials, equipment, and tools.

8.3 Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. Protect liquids from freezing.

8.4 Promptly remove from the project site any materials or equipment that are damaged or are otherwise unsuitable.

9.0 SAFETY

9.1 All contractor operations shall be conducted in accordance with all local, state, and national fire and safety codes, laws, rules, regulations, OSHA, NPS, MUTCD and ANSI safety requirements. All contractors shall provide to their employees and all their employees shall wear OSHA, MUTCD and ANSI required personal protective equipment (PPE).

9.2 All equipment/tools shall only be used within the limits of the manufacture’s recommendations.

9.4 All tools/machinery/equipment shall be safeguarded from the public. Tools/machinery/equipment shall not be left unattended. All tools/equipment shall not be allowed to lie around except in the immediate work area. Any tools not in immediate use shall be staged or stowed in such manner so as not to create a hazard.

9.5 Maintain walkways, driveways, roads, parking, and project site to be free of all construction debris, equipment, and materials on a daily basis. Maintain site free of hazards at all times. Safety equipment, fencing and barriers shall be installed per safety plan. Erosion control and sedimentation structures shall be constructed in according with EPA standards as needed. All historical and/or archeological issues shall be addressed as needed and stated in the contract and its attachments

9.6 The contractor shall report emergency situations, such as accidents involving property and/or personal injury or other unforeseen circumstances and shall follow required emergency reporting procedures according to their COR approved Safety Plan. In the event of an emergency the contractor shall dial 911 or 866-677-6677. All other instance the contractor shall dial park law enforcement at 866-677-6677 and notify the COR with 24 hours of the incident.

9.7 Contractor shall provide a comprehensive site-specific safety plan for approval before any work begins.

An onsite qualified Safety Representative shall be identified in the plan and shall including contact information.

9.9 Compliance with Reference Manual 50B (RM-50B), NPS Occupational Safety and Health Program, Section 7.0 Contractor Safety: Contractor Safety program responsibilities shall be considered during the requirements development phase of the acquisition. The Contracting Officer’s Representative (COR) and other park staff shall consult with certified Safety Officers for guidance on RM 50B requirements. A comprehensive safety assessment shall be performed to assure any necessary requirements above and beyond existing federal or state safety and health codes are written into the contract specifications. The COR or park representative shall provide the name of a certified Safety Officer to the CO. The CO will consult with the Safety Officer on contract clauses and special conditions. The COR shall ensure contractor compliance with all safety requirements throughout contract performance.

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10.0 HAZARDOUS MATERIALS

In accordance with the attached specifications, the contractor shall assume lead is present within paint and solder.

Any other material suspected of being hazardous that are encountered during performance of a project shall immediately be brought to the attention of the COR and CO.

If the CO directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract.

11.0 HAZARDOUS MATERIAL IDENTIFICATION

Submit Safety Data Sheet (SDS)’s as required per 29 CFR 1910.1200 as amended. The contractor must provide one digital copy of each SDS for applicable hazardous chemicals used and/or provided in performance of any work under this contract.

12.0 BIOBASED AND SUSTAINABLE PRODUCTS

The contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products outlined in the Department of Agriculture Biobased Program https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

13.0 FIRE CONTROL

Contractor's Responsibility for Contractor-Caused Fires. The contractor, whether or not directed by the NPS, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by contractor's employees, whether set directly or indirectly as a result of contractor operations. The contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the contractor's employees or resulting from contract operations.

(1) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material must be stored either in a separate building used exclusively for such storage, or at a site when all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the NPS when unusually hazardous conditions exist.

(2) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

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14.0 TEMPORARY FACILITIES

(a) STAGING AREA: The contractor shall arrange the location for exterior stockpiling of materials (i.e. storage) with the COR/POC. The contractor must be present when any materials are delivered to ensure proper placement within the designated location. The Government will provide an adequate staging area as close to the construction site as practicable.

The Government will NOT provide any secured storage/staging areas for the contractor. The contractor shall be responsible for protecting materials stockpiled against adverse weather, damage, theft, and other risks of loss. The Government assumes no responsibility for material or equipment left in the storage area. Barbed wire nor razor wire is permitted to be used for security purposes for this requirement.

(b) SANITARY FACILITIES: Public toilet facilities may be used, however, any complaints received with regard to cleanliness may result in loss of privilege to use public toilet facilities.

(c) WATER, AND ELECTRICITY: The Government will provide water at preapproved locations. Water pick-up location will be determined by the COR. The contractor may use electrical access points on site if any. Should water and electricity not be readily available, the contractor shall provide these services as needed to perform the required work.

(d) TELEPHONE: The Contractor may elect to hook-up commercial phone services using the local telephone service provider, at no cost to the Government. Cell phone reception or wireless access may or may not be available at the construction site.

15.0 LANDSCAPE PRESERVATION

A. The contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material that falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

B. Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or wastewater from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

C. Temporary Erosion and Sedimentation Control: Provide effective erosion control measures to prevent soil erosion and discharge of soil-bearing water runoff at the earliest feasible stage of construction. Regularly inspect and maintain the measures in effective working order. Promptly stop work in area(s) of any ineffective erosion control measures.

D. Damage: Protect adjacent vegetation, property, structures, and improvements from damage.

E. Hazardous Materials: Perform any hazardous materials work in strict accordance with governing hazardous materials regulations. Workers shall be knowledgeable and well trained in the handling of project-specific hazardous materials.

F. Spill Control: Provide effective spill containment measures at the earliest feasible stage of construction.

Regularly inspect and maintain the measures in effective working order.

16.0 PRESERVATION OF HISTORICAL/ARCHEOLOGICAL/CULTURAL RESOURCES

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A. 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 terrain because of any Federal construction project.

B. The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, cultural, or archeological data the contractor must notify the CO and COR in writing within 24 hours of first discovery. The notification must indicate time of discovery, the nature of the findings and location.

C. Immediately stop work if paleontological, archaeological, or historical remains (including burials or skeletal material) are encountered, until work is permitted to resume by written order from the CO. the contractor must notify the CO and COR in writing within 24 hours of first discovery. The notification must indicate time of discovery, the nature of the findings and location. The CO and/or COR will notify the Regional Archaeologist, so the provisions of 36 CFR 800.7 (Resources Discovered During Construction) and other relevant laws are followed. Work in other areas may proceed as approved by the CO.

D. Where appropriate by reason of discovery, the CO 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 which are incorporated by reference at the Task Order Level.

E. The Contractor must insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

17.0 EXISTING UTILITIES

The contractor shall locate, and field verify all utilities before digging or trenching. This shall include but not be limited to the use of sonic, electronic, or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services, and by test pitting at no additional cost to the Government. The contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

18.0 DAMAGES

The Contractor shall assume all risks of injury to persons or property in connection with the performance of work under this contract shall indemnify and save harmless the Government against all claims, causes of action, cost, and expense, because of bodily injuries, death, or damages to property arising from all work activities or acts of vandalism IAW the terms and conditions of the solicitation and resulting contract.

If due to fault, neglect, dishonesty of the contractor, their agency or employees, loss or damage to Government property is incurred during the performance of this work, the contractor shall be responsible for the same. The Government, at its option, in lieu of repayment, may require the contractor to replace at their own expense, all property as directed by the Contracting Officer at no cost to the Government.

19.0 GOVERNMENT PROVIDED INFORMATION AND SERVICES

9.1 For this requirement, the Government will provide the following:

• Quality Assurance

• Inspections and Government Acceptance

• Daily Work Log Template

• CM 16 Submittal Form

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• Price Schedule Template

• Wage Determinations

20.0 DELIVERY DATE & PERIOD OF PERFORMANCE

The Delivery Date is 240-Days After Notice to Proceed - The Delivery Date is not negotiable for this requirement; bid accordingly. If the contractor fails to deliver the project at 100% completion 240-days after the notice to proceed, it shall be considered late.

The period of performance for billing purposes only is expected to be Time of Award - 6/28/2024.

The contractor shall mobilize and begin work no less than 45-days after award or it shall be considered contractor delay.

21.0 HOURS OF OPERATION

Operations may be conducted between the hours of 7:00 am – 5:00 pm, Monday – Friday in accordance with the local noise ordinance, which may be in effect between 8:00 am 8:00 pm, except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor will not be reimbursed when the government facility is closed for the above reasons unless emergency services are requested. Access to some areas may be limited at times due to scheduled or unscheduled events.

No work shall take place on the following Federal Holidays:

New Year’s Day – January 1st

Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – Last Monday in May Juneteenth – June 19th

Independence Day – July 4th

Labor Day – First Monday in September Columbus Day – Second Monday in October Veteran’s Day – November 11th

Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

Note - if any of the holidays stated above fall on a Saturday, the Friday before the actual day is the official day the Government takes for the holiday. If the holiday falls on a Sunday, the Monday after the actual day is the official day the Government takes for the holiday. These dates do not account for any other days or shorten days that may be added prior to any of the holidays mentioned above that may be added at the discretion of any Presidential Administration and implemented by the DOI.

22.0 ADDITIONAL APPLICABLE REGULATIONS AND POLICIES

22.1 Publications that apply include:

Harpers Ferry National Historical Park’s Superintendent’s Compendium

MUTCD

OSHA

Code of Federal Regulations (CFR)

ANSI

Federal, State and Local Environmental Laws, Regulations, and Policies https://www.nps.gov/hafe/learn/management/superintendent-s-compendium-live.htm https://www.roads.maryland.gov/mdotsha/pages/Index.aspx?PageId=835 https://www.osha.gov/ https://www.ecfr.gov/cgi-bin/ECFR?page=browse https://ansi.org/ https://www.epa.gov/laws-regulations https://mde.maryland.gov/programs/Regulations/Pages/index.aspx

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23.0 DEFINITIONS

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

Contracting Officer's Representative (COR): The on-site contract administrator for the Contracting Officer.

The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.

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

CS: Contract Specialist; primary liaison and contact between the contractor, COR, and CO.

Daily Report Log: A Government Form that the contractor shall use to record required information with regard to the requirement on a daily basis. This form is delivered electronically to the COR each work week.

Hazardous Material Plan: Detailed written document detailing all assessment, treatment, handling, cleanup, protection, documentation, and disposal of any potentially hazardous materials associated with this project, most notably lead. It is part of the Waste Management Plan.

Pencil Copy: A pencil copy is a draft of a contractor proposed request to apply for payment in IPP. A pencil Copy includes the following documents attached to an email: Invoice, Updated Schedule of Values reflecting the invoice, Updated Work Schedule reflecting remining work after the invoice, and ALL Certified Payroll on WH- 347, properly filled out, for the period of time reflected in the invoice. The contractor shall not submit any applications for payment into IPP without the recommendation of the COR. The COR shall review the invoice, updated schedule of values, and updated work schedule whereas the CO shall review all certified payroll against the wage determinations attached to the award. Once the CO approves the certified payroll, they will notify the COR via email and afterwards the COR shall make a recommendation for payment to the contractor via email.

Invoices submitted as an application for payment without the CORs recommendation shall be promptly rejected.

QC: Quality Control: Actions taken by a contractor to carry out their written Quality Control Plan to ensure the performance of all contracted work meet the requirements.

Quality Control Plan: A written document created by the contractor outlining the specific actions the contractor will take to ensure the performance of all contracted work meet the requirements contained within the SOW, drawings, and specifications. The contractor shall work with the COR to develop an inspection schedule that coincides with the Work Schedule.

Quality Assurance: Actions taken by the Government to assure contracted services meet SOW, drawings, and specifications.

Safety Plan: A written document that takes into consideration the risk assessment of the requirement and develops reasonable concepts, behaviors, and disciplines to mitigate the assessed risk. Includes site and task specific information.

SOW: Scope of Work: document that describes the work to be performed by the contractor and contractual obligations in addition to the drawings and specifications.

Schedule of Values (SoV): A Schedule of Values reflects the construction work schedule, and associate’s dollar values that reflect the completion of work along the critical path of the project. An updated SoV is required to be submitted with all applications for payment in IPP.

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Work Schedule: A Work Schedule is formatted in Gantt Chart format and associates key work in terms of phases and allots a quantity of time that will be allocated to complete key work. An updated Work Schedule is required to be submitted with all applications for payment in IPP.

24.0 PERSONAL SERVICE

The Government has determined that use of an Agreement to satisfy this requirement is in the best interest of the government, economic and other factors considered, and this Contract is not being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR) Part 37.104 titled “Personal Services Contract”.

To counter the circumstances that infer personal services and to preserve the non-personal nature of the Agreement, the contractor shall adhere to the following guidelines in the performance of the Contract:

• Contractor provides for direct supervision of all contract employees assigned to the task.

• Refrain from discussing the issues such as skill levels and hours, salaries, cost and funding data, or administrative and personnel matters affecting contractor employees with the client.

• Ensure close communication/coordination with the CO and COR/POC, reporting problems to the

COR/POC and CO as they occur.

• Do not permit Government officials to interview potential contractor employees, discuss individual performance, approve leave, or work scheduling of contractor employees, terminate contractor employees, assist contractor employees in doing their jobs or obtain assistance from the contractor in doing Government job.

• Do not assign contractor personnel to work under direct Government supervision.

• Maintain a professional distance from Government employees.

• Provide contractor employees with badges, if appropriate, identifying them as contractors.

• Ensure proper communications with the Government (technical discussion and government surveillance is okay, but the Government cannot tell the contractor how to do the job).

• The Government has the right to reject the finished product or result and this does not constitute personal services.

25.0 INVOICING SUBMITTAL PROCEDURES

A. The contractor shall attach a copy of invoices for which they are applying for payment in the Department of Treasury’s Invoice Processing Platform (IPP www.ipp.gov). Additional document that must be attached to the pay application in IPP include: Certified Payrolls, Updated Schedule of Values, and Updated Progress Schedule. Failure by the contractor to properly submit an application for payment in IPP releases the Government form any obligation to pay for services claimed; the pay application will be promptly rejected. Incomplete work or work that is indicated as being below standard may result in nonpayment, performance, and/or reperformance to the satisfactory of the COR.

B. The Contractor may submit request for payment as work progresses on this contract under the following conditions:

1. Request for payment shall not be more frequent than 30 days.

2. The first request for payment may be for the Bonds and Insurance after they are accepted by the

Government.

3. The second request for payment shall not be submitted sooner than 30 days after initial operations start.

3. The maximum number of payments for this contract is up to ten (10).

4. The total of all payments shall not exceed the contract total for this fixed price contract.

http://www.ipp.gov/ https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347.pdf

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The "Submit Invoice to" address for Department of the Interior orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via IPP. This is a mandatory requirement initiated by the U.S. Department of Treasury and one can find more information at this website https://www.ipp.gov/index.htm.

Contractors must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project. Benefits of registering with IPP include the ability to create invoices directly from a contract award and submit them electronically, as well as:

� email notification when invoice(s) are paid � online payment history � email notification when you are awarded a new contract

The email notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information. For all questions related to IPP registration and issues with submitting invoices, please contact IPP Customer Support at 1 (866) 973-3131.

Actual award of this Contract is contingent upon the National Park Service receiving routine, continuing appropriations from Congress for these services. In the event of a delay in appropriations, or a Continuing Resolution, resulting in a subsequent delay in the allotment of funds from the Office of Management and Budget, the award may be delayed, or the solicitation modified accordingly.

26.0 SUBMITTALS

A. Definition: Submittals – are documents, samples, and other information that must be delivered to the CO and/or COR on a project before work even starts on a project. The NPS further defines Submittals as:

1. Action Submittals – are those that typical require some kind of action before any can proceed (i.e. Product Submittals, Safety Plan, Construction Schedules, Differing Site Conditions, etc.

2. Information Submittals - are those that typically require no action to proceed (i.e. Certificate of Insurance, Performance and Payment Bonds, Informational RFI’s, etc.

B. Submittals may be in the form of digital documentation and/or actual physical samples as indicated.

C. All submittals must be submitted on the NPS - CM-16 form, and the CM-16 form must be…