Sol_140P4226Q0042.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP) REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF

SEALED BID (IFB) INVITATION FOR BID

9. FOR

INFORMATION CALL

PAGES

140P4226Q0042

DOI, NPS, NERO & NER SOUTH MABO

National Park Service Northeast Regional Contracting South/Philadelphia MABO 1234 Market Street, 20th Floor Philadelphia PA 19107

0044038410 PMIS: 256341

PNC

Ellie Delerme-Velez

08/06/2026

08/24/2026

10 30 52.211-10

PROJECT DESCRIPTION: The National Park Service (NPS) requires the removal and installation of approximately 450lf of chain link fence with (2) two 9' swinging gates and (2) two 20' sliding gates.

The work will be performed at Hopewell Furnace National Historic Site, which is in Union Township, Berks

County, Pennsylvania. The work will include all construction, labor, supplies, materials, tools, equipment, facilities, and travel necessary to complete the abatement in accordance with the project scope of work.

PROCUREMENT TYPE: The Government anticipates awarding a single firm-fixed price contract to meet this requirement. This firm-fixed price contract will be awarded to the responsible, responsive contractor submitting the lowest price quote in accordance with the terms and conditions of the solicitation.

SET-ASIDE TYPE: This is a competitive total small business set-aside acquisition limited to small business firms. All responsible sources may submit an offer for consideration in accordance with these and other terms and conditions of the anticipated solicitation.

NAICS CODE: 238990 All Other Specialty Trade Contractors with a small business size standard of $19M.

Continued...

1 56

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

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

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Continued...

AMENDMENT

NUMBER

DATE.

DOI, NPS, NERO & NER SOUTH MABO

National Park Service Northeast Regional Contracting South/Philadelphia MABO 1234 Market Street, 20th Floor Philadelphia PA 19107

PNC

Deborah Coles

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

140P4226Q0042

MAGNITUDE: In accordance with FAR 36.204, the project magnitude is estimated to be between

$25,000 and $100,000

DURATION: The contract performance period is expected to be 30 calendar days from award.

SITE VISIT: A site visit is scheduled for

August 14, 2026 at 9:00 AM ET. Location: 2 Mark

Bird Lane, Elverson, PA 19520. Point of

Contact: Dave Mekker, Phone: 484 505-8408

Offerors are required to have an active registration in SAM, System for Award

Management (www.sam.gov) in order to conduct business with the Federal Government. Online

Representations and should be filled out in

SAM.gov.

Please send all questions to the contract specialist at ellie_delerme-velez@ios.doi.gov, no later than 2:00 PM ET August 18, 2026.

Delivery: 30 Days After Notice to Proceed

Delivery Location Code: 0011282844

NPS, Hopewell Furnace NHS

2 Mark Bird Ln

Elverson PA 19520 US

Period of Performance: 09/29/2026 to

11/20/2026

00010 Remove and Replace Fence in accordance with the scope of work.

Product/Service Code: 5660

Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS

REFERENCE NO. OF DOCUMENT BEING CONTINUED

140P4226Q0042

PAGE OF

SECTION A - TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule A Solicitation/Contract Form 1 B Schedule of Items 5 C Specifications/Drawings 6 D Packaging and Marking 17 E Inspection and Acceptance 17 F Deliveries or Performance 17 G Contract Administration Data 18 H Special Contract Requirements 24

PART II – Contract Clauses I Contract Clauses 27

PART III – List of Documents, Exhibits, and Other Attachments J List of Attachments 41

PART IV – Representations and Instructions K Representations, Certifications, and Other Statements of Offerors 42 L Instructions, Conditions, and Notices to Offerors 50 M Evaluation Factors for Award 56

140P4226Q0042

SECTION B – SCHEDULE OF ITEMS

19.

ITEM

NO.

20.

SCHEDULE OF ITEMS

21.

QTY

22.

UNIT OF

MEASURE

23.

UNIT

PRICE

24.

TOTAL

Base Items

00010 Removal and installation of fence in accordance with the scope of work.

1 Lump sum* $ $

*must provide breakdown of quote (see attachment 3)

Base Total $

NOTE: This acquisition utilizes Revolutionary FAR 12 Simplified Acquisition procedures.

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SECTION C – SCOPE OF WORK

C.0 NATIONAL PARK SERVICE

The National Park Service (NPS) is a bureau of the U.S. Department of the Interior (DOI) that has been entrusted with the care of our national parks since 1916. The National Park System currently has 433 units (often referred to as parks), covering more than 85 million acres in all 50 states, the District of Columbia, and US territories.

The NPS also has more than 150 related areas that are linked in importance and purpose to places managed directly by the National Park Service by preserving important segments of the nation's natural and cultural heritage. They are designated by acts of Congress or by the Secretary of the Interior (affiliated areas). The majority of related areas are not units of the National Park Service and are managed by other government agencies or non-government organizations and landowners.

The National Park Service is involved in related areas by directly managing the entire or sections of a related area, or by providing technical or financial assistance.

The NPS preserves unimpaired natural and cultural resources, and values of the National Park System for the enjoyment, education, and inspiration of this and future generations. The NPS cooperates with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation throughout this country and the world.

The NPS – Business Service Contracting Division (BSCD) – Contracting Operations – Northeast Region – Philadelphia MABO. The NPS – BSCD-Northeast issues contracts through the Federal Acquisition Regulation’s (FAR) for supplies, services, construction, A&E for Northeast Regional Parks only.

C.1 BACKGROUND

Hopewell Furnace showcases an early American industrial landscape and the essential role of industrialization in the growth of the early United States. Operating from 1771-1883, Hopewell and other “iron plantations” laid the foundation for the transformation of the United States into an industrial giant.

Today, the park's 848 acres and historic structures illustrate the business, technology and lifestyle of our growing nation.

The history of Hopewell Furnace spans these two centuries -- from its untouched natural state as a part of the great eastern American forests -- to its rebirth as a recreational and cultural history area. In between are the stories of industrial development, technology, community, craftsmanship, and natural resources that together changed America.

C.2 SCOPE OF WORK

The National Park Service – Contracting Operations – Hopewell Furnace National Historic Site (HOFU) requires a single contractor to remove and install approximately 450 linear feet of chain‑link fencing, including two 9‑foot swinging gates and two 20‑foot sliding gates, with no excavation required as existing posts will be removed and replaced with new posts set in concrete. The new fence will be 6 feet high and include three rows of barbed wire angled outward.

The contractor shall provide and pay for all supervision, labor, equipment, materials, insurance, transportation, mobilization, lodging, and any other necessary incidentals in accordance with the statement of work and must ensure proper supervision of the worksite and personnel within the park

With the Contracting Officer Representative (COR) and/or Point-of-Contact (POC), the contractor shall inspect the site to verify the extent of work, the complexities of the areas, and the length of time needed for each area. Work shall not begin without COR/POC approved schedules.

Project Requirements

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➢ Chain link fence and gates will be removed and replaced in its original position.

➢ Line posts shall be placed in the center of the hole and made plumb and set to the required height to facilitate the 6’ fencing.

➢ Pour concrete around the line post, smooth the surface with a trowel sloping away from the post to shed water.

➢ Run the top rail through the line post loop caps. The offset round side should be towards the outside of the fence.

➢ Continue by forcing wedge end top rail together through line post tops.

➢ Cut top rail carefully at the last length.

➢ Unroll chain link fence fabric on the ground along the outside of the fence line from one line post to the next.

➢ Slide a tension bar through the first row of chain link diamonds.

➢ Secure the tension bar by tension bands.

➢ Stand up the fence against the fence frame.

➢ Remove slack as you go.

➢ Loosely attach the fence fabric to rail with fence ties.

➢ Stretch fence fabric using temporary tension bar about every three feet.

➢ Fasten and stretch to tension bar and all line posts

➢ Adjust fence to exact length and cut away excess.

➢ Apply and secure three lines of barbed wire to the top of the fence-straight line wire.

➢ Remove all removed fencing from the site.

➢ Material specs:

• Core wire gauge: 9

• Size of mesh: 2”

• Hight: 72” commercial grade galvanized chain link fence

• Parts:

➢ Rails, posts, and hardware for installation

➢ Gate hardware for swinging and slide gates

• Standard: Meets or exceeds ASTM or BIA specifications and requirements

• 3” x 1-5/8 steel 3 strand barb wire arm

• 3 strand corner barb wire arm 3’ corner

• Galvanized steel end band 3” and 4”

• Bags of cement

• Water for concrete

Personnel

1. Key personnel: Project Manager (PM) must have a minimum of 5 years of experience managing construction projects.

The Project Manager shall schedule, coordinate, oversee, and manage work produced. The PM shall be the single point of contact between the contractor and the COR. The Project Manager shall be in contact with the COR weekly. The name of this person (Project Manager/Superintendent) and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

In addition, the Project Manager shall perform the following work:

140P4226Q0042

a. Quality Control - Provide quality control to ensure that all elements of project work meet the requirements of the contract specifications. Provide routine inspections of in-house work and subcontracted work. Ensure that all work not acceptable or compliant with the specifications is corrected prior to inspection or review by the COR.

b. Schedule - The contractor shall prepare an overall project schedule including milestone dates for all submittals and submit to the COR for approval. The contractor shall track all work progress to ensure that the project is completed according to the schedule. The contractor shall coordinate and confirm the dates for all work with the COR. The contractor must notify the COR in advance, in writing when work shall not be completed by the dates in this contract and provide an updated schedule for completion.

c. Meetings - The project manager shall be present at all project meetings.

d. Submittals

2. Contractor shall ensure that all work is performed by licensed, competent, experienced and qualified personnel properly trained for this work. Operators shall be able to effectively communicate with NPS personnel and communicate in English. Operators shall have cellular phones with active service when performing the work.

Equipment

1. Equipment shall have current state inspection, registration and insurance.

2. The contractor shall not park or store their equipment on NPS property outside of working hours or overnight without written approval of the COR/POC and in the location identified. The contractor shall not perform any routine maintenance equipment repairs on NPS property unless emergency repairs are determined and approved in advance by the COR/POC.

Document and Reporting

1. Project Documentation - The contractor must provide a weekly summary, the summary must be submitted to the COR no later than 5:00pm on Monday of the following week. This can be done using a spreadsheet and noting each area as complete, incomplete, or a percentage of completion.

Work Plans, Scheduling and Coordination

1. Prior to the start of work, the Contracting Officers Representative (COR) and/or Point-of-Contact (POC) will provide the Contractor with a list of contacts, contact information and telephone numbers for each park location for coordination of work.

2. Contractor shall provide the COR/POC with detailed daily work plans and schedules identifying areas to be worked for review, coordination of any closures and approval. The Contractor shall provide the COR with a 48-hour notification prior to beginning any work. No work shall begin until the Contractor receives the

140P4226Q0042 approved schedule from the COR/POC. Areas that have restrictions regarding times and days when work can be performed will be provided by the COR/POC.

C.3 PERIOD OF PERFORMANCE

The contract period of performance will begin as soon as the notice to proceed is issued. All work must be completed within 30 days after receipt of the notice to proceed. The period of performance will run through November 20, 2026, to allow for inspection of the work and final invoices. The Contractor shall immediately notify the COR Immediate notification of any issues or delays impacting contract performance.

C.4 PLACE OF PERFORMANCE AND HOURS OF OPERATION

• Hopewell Furnace National Historic Site, Elverson, PA 19520

A. Contractor may work Monday through Friday between the hours of 8:00 AM and 4:00 PM. Do not execute operations during:

1) Federal holidays, unless otherwise agreed to in advance by Park.

2) Weekends, unless otherwise authorized by Park.

B. Weekend Hours: Do not perform Work, unless authorized by Government.

1) Request authorization 72 hours in advance, minimum, in writing.

C. Holiday Hours: Do not perform Work, unless authorized by Government.

1) Request authorization 72 hours in advance, minimum, in writing.

D. These are the following observed 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/Indigenous Peoples 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.

C.5 GENERAL PERFORMANCE/PROJECT REQUIREMENTS

A. Noise, Vibration, and Odors (when applicable):

140P4226Q0042

1. When construction noise affects residences, it should be no more than five decibels above the background sound level from: 8 p.m. to 7 a.m. on weekdays. 8 p.m. to 8 a.m. on weekends

2. Coordinate operations that may result in high levels of noise and vibration, odors, dust or other disruption to Government occupancy with Government and neighboring parties.

3. Notify Government not less than four days in advance of proposed disruptive activities.

4. Obtain Government written permission before proceeding (if applicable).

B. Nonsmoking Building:

1. Smoking is not permitted inside or upon structure or within 25 feet of entrances, operable windows, or outdoor-air intakes.

2. No litter from smoking shall be present on, near or adjacent to the Site.

3. Areas where smoking is allowed shall be at a location directed and approved by Government.

C. Controlled Substances:

1. Use of controlled substances within the existing building is not permitted.

D. Park Security:

1. Special security requirements for the Project(s) maybe required and will be announced at the Pre-Bid and Pre-

Construction meetings (when required).

E. Additional Restrictions:

1. 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.

C.6 SAFETY

1. Conduct all operations and procedures in a manner to ensure safety for all and to minimize inconveniences.

a. Methods shall be compliant with OSHA and other applicable regulations, including State and local bodies having jurisdiction.

1. Traffic Control: The NPS will provide all traffic control, so coordination with NPS on proper safety measures is required at all times.

2. Safety Meetings: Contractor shall conduct documented daily safety meetings.

3. All Contractor or employee conduct is subject to park rules and regulations concerning: littering, wildlife harassment, collecting, resource damage and other topics as specified for the NPS in the Code of Federal Regulations title 36 (eCFR :: 36 CFR Part 2 -- Resource Protection, Public Use and Recreation).

4. Directors Orders - Director's Orders and Related Documents/NPS Office of Policy – which can have an impact on work performed.

5. Use of barricades, ropes, signs, or audible signals is required, and the contractor must take all necessary precautions for the protection of the work, property, and safety of the public.

6. All personnel shall wear high-visibility clothing, eye and hearing protection, gloves, and other appropriate PPE.

C.7 PERSONAL PROTECTIVE EQUIPMENT (PPE)

A. The Contractor shall furnish personal protective equipment (PPE) to crew members respective of the type of work being completed (i.e., hard hat, eye and hearing protection, leather gloves, etc.).

140P4226Q0042

B. The contractor shall train workers in the safe operation and use of equipment that they will be using to accomplish the work under this contract. Occupation Safety & Health Administration (OSHA) standards PPE shall be followed; information can be found at OSHA PPE Standards.

C. PPE, including personal protective equipment for eyes, face, head, and extremities, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

D. Defective or damaged PPE shall not be used and shall be either repaired or replaced.

C.8 ACCIDENT REPORTING

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 the CO/COR approved Safety Plan. In the event of an emergency the contractor shall dial 911.

A. Accident Reporting: Reportable Accidents: A reportable accident is defined as death, occupational disease, traumatic injury to employees or the public, property damage by accident in excess of $100, and fires.

1. Notify COR/POC and CO immediately in the event of a reportable accident.

2. Fill out and forward an Accident/Property Damage report Form (CM-22) to COR/POC and CO within 7 days of a reportable accident. Obtain form from COR/POC or CO.

B. All Other Accidents: The Contractor shall report all other accidents to the CO as soon as possible and assist the Contracting Officer and other officials as required in the investigation of the accident.

C.9 EQUIPMENT REQUIREMENTS

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

B. All tools/machinery/equipment/vehicles shall be safeguarded from the public.

Tools/machinery/equipment/vehicles shall not be left unattended. All tools/equipment shall not be allowed to lie around except in the immediate work area.

C. Any tools not in immediate use shall be staged or stowed in such manner so as not to create a hazard. The government and contractor will agree on delineating the work area around the project.

D. Any damaged caused to NPS property through equipment use shall be restored and/or repair to original conditions at contractor expense.

C.10 EQUIPMENT LIMITATIONS

A. All equipment must meet all federal OSHA, state and local safety requirements and must be properly licensed.

B. The name or logo of the contractor must be clearly displayed on all trucks used on the job.

C.11 DRONES/UNMANNED AERIAL VEHICLE (UAV) USAGE

The use of drones and/or UAVs are not authorized at NCR during performance of this contract.

C.12 PROHIBITION OF WEAPONS/FIREARMS

18 USC 930 is Federal law that supersedes Section 512 of Public Law 111-24 and prohibits the possession of a firearm or other dangerous weapon in a Federal facility. Federal facilities are buildings or parts thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing official duties. No weapon or firearms are authorized within NCR at any time.

C.13 INTERRUPTION OF WORK

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A. ENVIRONMENTAL - The Contracting Officer, by issuance of a stop work order, may direct the Contractor to shut down any work that may be subject to damage due, weather conditions or fire danger. The Contractor shall be given a resume work order, which shall document the date the stop work order ended. All periods of stop work by the Government shall be documented. Actions taken under this paragraph shall be subject to Special Clause 3 – Stop Work Order.

B. SPECIAL EVENTS - The Government through the COR/POC may direct the Contractor to stop work and all operations in the event of scheduled or unscheduled events in NCR, which may include official ceremonies. The work may also just be restricted to certain locations at the discretion of the COR/POC.

C. HISTORICA/ARCHEOLOGICAL/CULTURE RESOURCES – see C.16 below.

C.14 PRESERVATION OF HISTORICAL/ARCHEOLOGICAL/CULTURAL RESOURCES

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.

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

C.15 ENVIRONMENTAL REGULATIONS

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by their subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to:

• Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards;

• Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ);

• Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);

• Endangered Species Act, as amended (16 U.S.C. Sec 1531 ET SEQ);

• Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ);

• National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ);

• Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ);

• Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ).

140P4226Q0042

Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

C.16 MATERIAL & EQUIPMENT TRANSPORTATION, HANDLING AND STORAGE

A. Government-owned equipment is not available for Contractor’s use to accomplish any work; however, Government operated equipment, with Government employees may be provided to assist with materials.

B. Transport, handle, and store materials and equipment in accordance with the manufacturer’s written instructions, and in a secure manner.

C. 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.

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

E. Additional Permitting, fees, and coordination may be required working within the limits of Philadelphia, PA.

F. Additional restrictions may be imposed due to unforeseen events or security threats at either location.

C.17 CONTRACTOR'S REPRESENTATIVE

The Contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who act for the contractor when the Contractor is absent shall be designated in writing to the CO. The Contractor representative or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor representative and alternate(s) must be able to read, write, speak, and understand English without use of a translator. Under no circumstances shall any documents, Task Orders Statement of Work, Work Schedules, Contractor submittals, Contractor plans, etc., be translated. All documentation shall be submitted in the English language.

C.18 UNDOCUMENTED WORKERS

This contract involves the employment of unskilled labor working under arduous field conditions. Such employment may be attractive to persons coming from foreign countries, sometimes illegally. Offerors are reminded that it is a crime to bring into the United States, transport within the United States, and to harbor aliens who do not have a proper visa for entry and working in this country (8 U.S.C. § 1323-1325). If violations are suspected by the COR during the performance of work on this (these) project(s) they shall be reported to the U.S. Immigration and Naturalization Service for investigation and appropriate action. Conviction of the Contractor for commission of a criminal offense referred to herein shall be deemed sufficient cause for default and the initiation of debarment or suspension proceedings to prevent the Contractor from receiving future Government contracts.

C.19 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 permanently be removed from the job site.

• 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).

• A Contractor’s employee may 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

140P4226Q0042 from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the service as specified.

• 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.

C.20 BIOBASED AND SUSTAINABLE PRODUCTS

The Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

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

The following is a list of categories for biopreferred products that may be required in performance of this construction contract:

• Asphalt Restorers and Sealers – 68% Minimum Biobased Content

• Asphalt and Tar Removers – 80% Minimum Biobased Content

• Cleaning Tools - 22% Minimum Biobased Content

• Clothing – Utility Gloves – 25% Minimum Biobased Content

• Concrete and Asphalt Cleaners – 70% Minimum Biobased Content

• Concrete and Asphalt Release Fluids – 87% Minimum Biobased Content

• Greases – Truck – 71% Minimum Biobased Content

• Intermediates – Binders – 47% Minimum Biobased Content

• Mobile Equipment Hydraulic Fluids – 44% Minimum Biobased Content

• Pneumatic Equipment Lubricants – 67% Minimum Biobased Content

• Safety Equipment – 25% Minimum Biobased Content

C.21 DEFINITIONS (Not included in Federal Acquisition Regulations)

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

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

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

Clothing – Utility Gloves – A fitted hand garment used to protect hands in industrial and construction work.

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

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.

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

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

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

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

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

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

Safety Equipment – Equipment used by workers that protects against worksite accidents, such as goggles, ear plugs, face shields and gloves.

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

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

C.22 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

A. Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to amend, modify, or deviate from the contract. Other responsibilities may be delegated to authorized representatives.

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

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

(2) Requesting removal of unsuitable contractor employees.

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

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

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

C.23 TRAVEL

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

C.24 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed.

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If the Contracting Officer 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.

C.25 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.

C.26 WORK BY THE GOVERNMENT

The Government reserves the right to undertake performance by Government forces or other Contractors, the same type of similar work as contracted for herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

C.27 OTHER CONTRACTS

The Government may undertake work with its own forces or award other contracts for additional work, and the Contractor shall fully cooperate with such other Contractors and Government employees and carefully fit its own work to such additional work as may be directed by the CO. The Contractor shall not commit or permit any act, which shall interfere with the performance of work by any other Contractor or by Government employees.

C.28 EXTENT OF OBLIGATION

The Government obligation for performance of this contract beyond the award price is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the amount that has been authorized through the issuance of a contract modification or change order by the CO.

C.29 PROJECT CLOSEOUT

A. Clean-up:

1. Remove all tools, equipment, excess materials, construction debris, and trash from the project site.

2. Legally dispose of trash, debris, and all excess and unusable materials at authorized facilities off Government property.

3. Restore or refinish any surfaces damaged during performance of the contract work.

4. Leave project site clean and ready for use at the time of final inspection.

B. Final Inspection and Acceptance of Work:

1. Upon site restoration and cleanup has been completed, the Contractor shall contact the COR/POC to arrange the final inspection prior to leaving the location.

2. The final inspection shall be conducted by the COR/POC for each location, once that area has been completed, and maybe at same time work is being performed or within (1) day.

3. The Contractor will be notified of any deficiencies found during the final inspection.

C. Closeout Submittals:

1. Provide closeout submittals, such as final invoices, warranties, etc., required by the CO.

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SECTION D—PACKAGING AND MARKING

{For this Contract, there are NO clauses in this Section}

SECTION E—INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more 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 this/these address(es):

FAR - Acquisition.GOV | www.acquisition.gov (Deviation) - RFO FAR - Revolutionary FAR Overhaul | Acquisition.GOV

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction. (APR 1996) 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements (AUG 1996)

FULL-TEXT CLAUSES

Not Applicable

SECTION F—DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more 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 this/these address(es):

FAR - Acquisition.GOV | www.acquisition.gov (Deviation) - RFO FAR - Revolutionary FAR Overhaul | Acquisition.GOV

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work. (APR 1984)

RFO FAR - 52.236-15 - SCHEDULES FOR CONSTRUCTION CONTRACTS (DEVIATION JAN 2026)

(a) https://www.acquisition.gov/far-overhaul

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(1) Within five days after the work commences on the contract or another period of time determined by the Contracting Officer, the Contractor shall prepare and submit to the Contracting Officer for approval a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the work (including acquiring materials, plant, and equipment).

(2) The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period.

(3) If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall continually update the actual progress in the schedule and shall submit it to the Contracting Officer by the means prescribed in the contract for transmittals or as directed by the Contracting Officer.

(c)

(1) If the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to recover lost time and execute in accordance with the approved schedule, without additional cost to the Government.

(2) Such steps may include increasing the number of shifts, overtime operations, days of work, and/or the amount of construction plant.

(3) The Contractor shall submit, for approval, supplementary schedule(s) that demonstrate how the lost time will be recovered.

(d) If the Contractor does not recover the lost time, the Contracting Officer may determine that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(End of clause)

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 POST AWARD CONFERENCE

Prior to commencement of work, the COR and/or POC will arrange a meeting with the contractor to discuss the contract terms and work performance requirements. A work progress schedule will be proposed by the contractor at this meeting complete with a schedule of values. It will be scheduled as soon as possible after the date of the contract award. It is anticipated that this meeting will take place one week after award. All dates and locations of the conference will be mutually agreed upon and may be held via Microsoft Teams, onsite, or a combination of both.

G.2 GOVERNMENT FURNISHED PROPERTY

The Government may provide Government Property to the Contractor for use as stated below. If Government Property is provided the property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract and as stated at the Task Order Level.

Item No. Property Description Qty Location Date Available or Delivery Date

1 N/A

G.3 DESIGNATION OF CONTRACTING OFFICERS REPRESENTATIVE (COR) AND/OR POINT-OF-

CONTACT (POC)

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A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award of the contract in accordance with DIAR 1452.201-70 Authorities and Delegations (SEP 2011). The name will be designated on a letter or form.

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

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

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

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

E. The COR's major duties and responsibilities are contained in Contracting Officer Representative Letter. The COR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

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

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

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

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

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

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

F. The POC will be used if an official certified COR cannot be designated at the time of award. The POC will not be designated in writing and will assist the CO in the day-to-day on-site administration of the contract requirements and/or performance.

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

• The CO should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the

140P4226Q0042 contract will be modified accordingly. (This does not apply to individual assignments which were issued by the OCO provided they do not affect the delivery schedule or performance period stated in the…