Sol_140PS124R0019.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

DOI, NPS ConOps Strategic

Business Services Contracting Division

1849 C Street MS2719 Washington DC 20240

PS1

Brian McCabe 2023397772

1x 08/08/2024

140PS124R0019

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

Sections C-M which include additional requirements and terms and conditions

Attachment 1 - SOW - Appendices A-B

Attachment 2 - Road Repair Drawings - Sections 1-3

Attachment 3 - Site Photos Historic Features and Demo

Attachment 4 - Site Photos Williams Ranch Road

Attachment 5 - Site Maps

Attachment 6 - 01 33 23 - Submittal List - GUMO Revised

Attachment 7 - DB Wage Determinations TX20240008 - 01052024

Attachment 8 - Limitation on Subcontracting Compliance Worksheet

Attachment 9 - Relevant Experience Questionnaire and Biobased Certification

(Optional Form)

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 160 calendar days and complete it within ________________ ________________ calendar days after receiving

Ses Section C.5 for more info

09/06/2024

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

BY

2PAGE OF

DOI, NPS ConOps Strategic Business Services Contracting Division

1849 C Street MS2719 Washington DC 20240

PS1

Brian McCabe

28. NEGOTIATED AGREEMENT 29. AWARD

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

copies to issuing office.) Contractor agrees to furnish

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

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

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

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 69

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140PS124R0019

National Park Service - Guadalupe Mountain

National Park (GUMO) - Wellsite Reclamation and

Road Repair Project

This requirement is a 100% set-aside for Indian

Small Business Economic Enterprises (ISBEE) offerors only, in accordance the Department of the Interiors AAAP-0011.

Delivery: 03/30/2025

Delivery Location Code: 0009060500

NPS, Guadalupe Mountains Nat'l Park

400 Pine Canyon

Salt Flat TX 79847 US

Period of Performance: 10/01/2024 to 03/30/2025

00001 Mobilization/Demobilization

Product/Service Code: Z1MF

Product/Service Description: MAINTENANCE OF EPG

FACILITIES - PETROLEUM

Period of Performance: 09/01/2024 to 03/30/2025

00002 Site Examination and Inventory

Product/Service Code: Z1MF

Product/Service Description: MAINTENANCE OF EPG

FACILITIES - PETROLEUM

Period of Performance: 09/01/2024 to 03/30/2025

00003 Site Cleanup Plan

Product/Service Code: Z1MF

Product/Service Description: MAINTENANCE OF EPG

FACILITIES - PETROLEUM

Period of Performance: 09/01/2024 to 03/30/2025

00004 Site Accessibility

Product/Service Code: Z1MF

Product/Service Description: MAINTENANCE OF EPG

FACILITIES - PETROLEUM

Period of Performance: 09/01/2024 to 03/30/2025

00005 Reclamation Implementation

Product/Service Code: Z1MF

Product/Service Description: MAINTENANCE OF EPG

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 69

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140PS124R0019

FACILITIES - PETROLEUM

Period of Performance: 09/01/2024 to 03/30/2025

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

140PS124R0019

PAGE OF

SECTION A - TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule A Solicitation/Contract Form 1 B Bid Schedule 6 C Specifications/Drawings 7 D Packaging and Marking 18 E Inspection and Acceptance 18 F Deliveries or Performance 19 G Contract Administration Data 20 H Special Contract Requirements 25

PART II – Contract Clauses I Contract Clauses 28

PART III – List of Documents, Exhibits, and Other Attachments J List of Attachments 37

PART IV – Representations and Instructions K Representations, Certifications, and Other Statements of Offerors 38 L Instructions, Conditions, and Notices to Offerors 49 M Evaluation Factors for Award 65

140PS124R0019

SECTION B – BID SCHEDULE

Item Quantity Unit of No. Description Measurement Unit Price Total Price

001 Mobilization/Demobilization 1 Lump Sum $ $

002 Site Examination and Inventory 1 Lump Sum $ $

003 Site Cleanup Plan 1 Lump Sum $ $

004 Site Accessibility 1 Lump Sum $ $

005 Reclamation Implementation 1 Lump Sum $ $

Total Base Price (Contract Line-Item Number 1-5) $

Notice – Offerors are required to submit, at minimum, an offer that conforms to the solicitation documents with pricing for all Base Items. Failure to do so may render the proposal unacceptable. On lump-sim line items, provide the total price only. For all unit-priced line items, provide the unit price and the extended total price. If no specific line item exists for a portion of the work, include the costs in related item. In case of error in calculation of extended prices, the unit price government. In case of error in summation, the total of the corrected amounts governs. Round total and extended prices to whole dollars.

All specific measurement and payment information is included in Division 01 Specifications Section 01 27 00 Definition of Contract Line Items.

FAR 36.204 Disclosure of the magnitude of construction projects

The Government’s estimate is:

Between $500,000 and $1,000,000

140PS124R0019

SECTION C – SPECIFICATIONS/DRAWINGS

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 430 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 – Strategic (ConOps-Strategic) supports the acquisition needs of the entire NPS. The NPS – BSCD-ConOps-Strategic issues contracts through the Federal Acquisition Regulation’s (FAR) for utilities, wildland fire and incident management, services, construction, A&E for the entire NPS.

C.1 GUADALUPE MOUNTAINS NATIONAL PARK (GUMO)

The Guadalupe Mountains National Park (GUMO) was established in west Texas, just south of the New Mexico state line on September 30, 1972, with an area of 76,293 acres. In 1978, 46,860 acres of the park’s backcountry were formally designated by Congress as wilderness areas. In 1988 an additional 10,123 aces was added to the park which included the gypsum and quartzose dunes in an area west of the original park boundaries.

GUMO is home to the world’s most extensive Permian fossil reef and the Guadalupe Mountains. The Guadalupe Mountains contains the four highest peaks in Texas and rise more than 3,000 feet above the arid Chihuahuan Desert that surrounds them. El Capitan is GUMO’s most striking feature is the 1,000-foot-high limestone cliff, and Guadalupe Peak is 8,751 feet above sea level, and is the highest point in Texas.

The Guadalupe Mountains are part of a mostly buried 400-mile-long U-shaped fossil reef complex, Capitan Reef, which extends through a large area of west Texas and southeastern New Mexico. The longest exposed stretch of Capitan Reef, 12 miles of which is in the park, extends from Guadalupe Mountains National Park northeast almost to the city of Carlsbad, New Mexico, a distance of almost 40 miles. This 260-million- to 270-million-year-old reef is one of the world’s finest examples of an ancient reef system.

GUMO has over 80 miles of hiking trails that offer easy nature walks through desert flora, and more moderate hikes follow canyons and reach riparian oases, and strenuous all day hikes that take you into the high country forest or to the “Top of Texas,” Guadalupe Peak. GUMO is also full of cultural history, from the early Spanish explorers to native American Indian peoples. In 1858 the Butterfield Overland Stage Line began carrying mail and passengers through the Guadalupe Mountains on the nation’s first transcontinental mail route.

For more information, please visit: Guadalupe Mountains National Park (U.S. National Park Service) (nps.gov)

C.2 PURPOSE

https://www.nps.gov/places/gumo_the_pinery.htm https://www.nps.gov/gumo/index.htm

140PS124R0019

The DOI – NPS - NCA – has a requirement for the examination of a single wellsite, inventory of existing artifacts, removal of existing trash and debris related to the oil and gas operations, and the restoration of the Williams Ranch access road at the Guadalupe Mountain National Park (GUMO), located in far West Texas on the north side of US Hwy 62/180.

C.3 SCOPE OF WORK

The Contractor shall provide all material, labor, and equipment required to perform the work described herein and all attachments to reclaim one (1) orphaned oil and gas well (Pure Well) and repair the Williams Ranch Access Road located within Guadalupe Mountains National Park (GUMO (see Section C.4 – Special Project Specifications and Section J for additional specifications, drawings, and photos).

Work shall consist of the following:

1. Pure Well site examination and inventory,

2. Williams Ranch Access road improvements, and

3. Pure Well site reclamation.

a. Remove trash or debris related to the oil and gas operation.

b. Secure wellsite artifacts and features to remain.

c. Perform minor grading of approximately 0.5 - 0.75 acres of disturbed area, including the staging areas, wellsite area and associated William Ranch access road.

Note - both the Williams Ranch access road and the Pure Well wellsite are in a Designated Wilderness Area; therefore, no motorized vehicles are allowed beyond Williams Ranch. Motorized vehicles are allowed on Williams Ranch Access Road but requires high clearance 4x4 vehicles and/or vehicles capable traveling along unpaved and extreme rough roads.

Access to the wellsite requires approximately a 3.8-mile one-way hike on foot, or through use of mule team. The site can also be accessed by helicopter, but no helicopter landing is authorized in the Designated Wilderness Area (see Attachment 1 – SOW - Appendices A-B for more details and requirements).

Work may only take place between September 1 and March 30 to prevent impacts to Mexican Spotted Owl breeding locations.

C.4 SPECIAL PROJECT SPECIFICATIONS

All work shall perform in accordance with the special project specifications:

Attachment 1 – SOW – Appendices A-B Attachment 2 – Road Repair Drawings – Section 1-3 Attachment 3 – Site Photos Historical Features and Demo Attachment 4 – Site Photos Williams Ranch Road Attachment 5 – Site Maps

C.5 PERIOD OF PERFORMANCE

The Period of Performance is 160 days after issuance of full Not-to-Proceed (NTP). The full NTP start date is based on actual mobilization date which will be established after submittals are approved. A partial NTP may be issued at the request of the COR and/or Contractor for the submittal process after award but will not count towards the 160 days for the full NTP.

Actual “boots of the ground” work is restricted to any time after September 1, 2024, through March 30, 2025. All work including inspections and demobilization must be completed before March 30, 2025.

140PS124R0019

C.6 LOGISTICS CONSIDERATIONS

It should be noted that GUMO does require some planning:

Travel by vehicle - There is no gasoline/diesel available in the park, and the closest communities in Texas with full services are Van Horn, TX (60 miles south) and El Paso (120 miles west). If coming from New Mexico, Whites City, New Mexico (approximately 35 miles from Pine Springs Visitors Center) is the last place that provides gas, diesel, food and ice.

Travel by plane - The closest large commercial airline service is El Paso, Texas. Other airlines serve Albuquerque, New Mexico, Lubbock and Midland, Texas and Mesa Airlines offers passenger service between Albuquerque and Carlsbad, New Mexico.

Helicopter use – See Attachment 1 – SOW – Appendices A-B for additional logistically consideration for helicopter use.

C.7 SITE MANAGEMENT

Maintain walkways, driveways, roads, parking, and project site to be free of all construction debris, equipment, and materials daily. Always maintain site free of hazards. Occupancy access shall be negotiated on a project specific basis.

Maintain the level of access provided to the facility through the project duration if tenant occupancy is retained (when applicable).

All safety equipment, safety fencing and barriers shall be installed per OSHA Regulations. 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.

C.8 SAFETY

During the execution of this contract, the Contractor must conform to the rules and regulations, as amended and as set forth by:

29 CFR 1910 – OSHA General Industry Regulations & Standards 29 CFR 1926 – OSHA Construction Industry Regulations & Standards US Army Corps of Engineers “Safety and Health Requirements” Manual No. 385-1-1 (free online -https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/ ) National Park Service Occupational Safety and Health Program – Reference Manual 50B - Reference Manual 50B: NPS Occupational Safety and Health Program

C.9 PREVENT FIRE STARTS

To prevent accidental fire starts, saws/equipment shall be equipped with spark arrestors. Any accidental fire starts shall be reported immediately. Should the fire exceed the size of a campfire and threaten workers’ safety, they should depart the area and call 911 or GUMO Fire Management immediately.

C.10 FIRE CONTROL

Contractor's Responsibility for Contractor-Caused Fires. The contractor, whether 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.

https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/ https://www.nps.gov/subjects/policy/upload/RM-50B_Contents.pdf?msclkid=621da23cc59111ec9bbf5daecf70f928 https://www.nps.gov/subjects/policy/upload/RM-50B_Contents.pdf?msclkid=621da23cc59111ec9bbf5daecf70f928

140PS124R0019

C.11 NOXIOUS WEED/SPECIES/PATHOGEN CONTROL

A. Measures shall be taken by the Contractor to prevent the introduction of exotic species into the project and staging areas. The contractor shall:

1. Ensure that all equipment and tools that enter the Park are free of dirt, dust, mud, seeds, or other potential contaminants.

2. Thoroughly clean all equipment exhibiting any dirt or other material attached to frame, tires, beds, wheels, or other parts before entering the Park.

3. Comply with any other specific protocol required by Attachment 1 – SOW – Appendices A-B to minimize potential introduction of invasive species such as rodents or plants that could be transported by equipment, materials, personnel, or food products.

4. Certify in writing that off-road equipment is free of noxious weeds prior to each start-up of operations and for subsequent moves of equipment to project area.

5. Promptly notify the COR/POC of any new infestations of noxious weeds identified within the project area. If new infestations are discovered by the Government, the Government will promptly notify the Contractor. The Contractor, COR/POC and CO shall agree on methods of control when new infestations are found.

6. Personnel involved in project implementation shall make daily checks of boots, boot laces, packs, etc. to ensure no “hitchhiking” weed seeds are introduced to the project areas.

B. The NPS will inspection all equipment prior to being moved into contract area. The inspections shall include, but not be limited to, tracks, track guard/housings, belly pans/under covers, buckets, other attachments, transport and any support vehicles.

1. If equipment does not pass inspection the contractor’s equipment not passing inspection will be required to turn back until it has been thoroughly cleaned and passes inspection.

2. If equipment is found to have entered GUMO with potential contaminants shall be removed from the Park at the NPS’s direction at the contractor’s expense, and may be subject to citation by the Park.

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 GUMO at any time.

C.13 TEMPORARY FACILITIES

1. STORAGE/STAGING AREA: The Government as identified specific storage/staging areas for the contractor (Attachment 1 – SOW – Appendices A-B and Attachment 5 – Site Maps for additional details and locations). The contractor is response for securing all contractor owned property.

2. WATER, AND ELECTRICITY: Water and 120V electricity are not available for use. The Contractor is responsible for providing all non-potable water, potable water and power to site location.

3. FOOD STORAGE: At the work site and the construction camp, all contractor employees shall comply with Guadalupe Mountains National Park food storage guidelines. Food items must be stored in a hard sided vehicle or in a food storage locker and must never be left unattended. "Food" includes any item with a scent, regardless of packaging. This may include items that you do not consider food, such as canned goods, bottles, drinks, soaps, cosmetics, toiletries, trash, ice chests (even when empty), and unwashed items used for preparing or eating meals.

4. PARKING AREAS: See Attachment 1 – SOW – Appendices A-B and Attachment 5 – Site Maps.

140PS124R0019

5. CONSTRUCTION CAMPS: It is not practical to travel back and forth to the project site each day for work. The Contracting Officer and the Park shall approve the location and layout of a construction camp. Given the limited available area, camp trailers are not feasible, and the camp will likely consist of tents.

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.

F. See Attachment 1 – SOW – Appendices A-B – Section 01 35 13 22 – Archeological Protection for additional requirements then what is stated above.

C.15 EXISTING UTILITIES

The contractor shall field verify all utility locations 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 potholing. The contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

C.16 PERMITS AND CERTIFICATES

Submit copies of all permits and certificates as required by the contract. All permit costs shall be incorporated into Contractors’ proposal cost, which may or may not be a separately priced line item.

C.17 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);

140PS124R0019

• 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).

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.18 MATERIAL & EQUIPMENT TRANSPORTATION, HANDLING AND STORAGE

A. 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.

B. 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.

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

D. 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.

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

F. Additional Permitting, fees, and coordination may be required working within the limits of Washington, DC.

Additional restrictions may be imposed due to unforeseen events or security threats in Washington, DC.

C.19 PROJECT MANAGER

The contractor shall provide a responsible project manager to represent the contractor in all matters pertaining to work under this contract. The project manager shall have the responsibility of overall supervision, quality control, cost estimating and be responsible for the management of all ongoing work. The Project Manager must be available in person, by telephone, or radio to respond to any and all problems during normal working hours. The response from the Project Manager must be within 1 hours after receiving the notification and should be in the same means as the request. Written follow up notification (via email is acceptable) must be provided to COR/POC within 24 hours, which confirms response.

The proposed Project Manager must be included in response to the solicitation and must be the Project Manager responsible for the awarded contract throughout performance. If during the term of this contract, the contractor changes or replaces the Project Manager, the contractor must notify the COR and CO in writing within 3 business days of the proposed change, or as soon as possible if the departure was unplanned or unexpected.

C.20 SITE SUPERINTENDENT

It shall be the responsibility of the contractor to provide a responsible site superintendent to represent the contractor in the field The Contractor shall provide a responsible site superintendent to represent the contractor in the field in all matters pertaining under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent may also be designated the project manager.

The site superintendent must be onsite for at least three (3) hours per workday. When they are not on site, they must be available by telephone, radio or other means of communication in order to respond to any and all problems during normal working hours. The response from the Site Superintendent must be within 1 hour after receiving the notification and should be in the same means as the request.

The site superintendent shall be responsible for on-site Quality Control and shall sign all contract submittal transmittal sheets. Site superintendent shall maintain on site a file containing the following project documents when applicable.

140PS124R0019

� Executed Contract � Contract Drawings � Contract Specifications � Quality Control Plan – (up to date) � As-Built Drawing – (up to date) if required � Modifications

This file shall be maintained and available to the Contracting Officer upon request.

The proposed site superintendent must be included in response to the solicitation and must be the site superintendent responsible for the awarded contract throughout performance. If during the term of this contract, the contractor changes or replaces the site superintendent, the contractor must notify the COR and CO in writing within 3 business days of the proposed change, or as soon as possible if the departure was unplanned or unexpected.

C.21 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.22 ADDITIONAL REQUIREMENTS FOR CONTRACTOR

• All local and state requirements, which may include inspections and licensing requirements for specific trades.

• Adherence to all Occupational Safety and Health Administration (OSHA) Regulation, specifically 29 CFR 1910 -

General Industry and 29 CFR 1926 – Construction and applicable State Regulations.

• Adhere to specific NPS site/location requirements that are operate under additional guidance and regulations specific to a NPS Location in addition to the Federal Acquisition Regulations and other Federal Regulations that may be stated and included at the Task Order Level. These include but are not limited to:

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

C.23 DAMAGE AND LOSS

The Contractor shall assume all risks of injury to persons, equipment and/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 of the Contractor.

If due to fault, neglect, dishonesty of the contractor, his agency or employees, loss or damage to government property is incurred during the performance of this contract, the contractor shall be responsible for the same. The government, at its option, in lieu of repayment, may require the contractor to replace at his own expense, all property as directed by the Contracting Officer.

C.24 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 https://npspolicy.nps.gov/DOrders.cfm

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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:

• 2-Cycle Engine Oils – 34% Minimum Biobased Content

• Animal Medical Care Products – 25% Minimum Biobased Content

• Animal Skin, Hair, and Insect Care Products – 25% Minimum Biobased Content

• Chain and Cable Lubricants – 77% Minimum Biobased Content

• Clothing – Utility Gloves – 25% Minimum Biobased Content

• Diesel Fuel Additives – 90% Minimum Biobased Content

• Dust Suppressants – 85% Minimum Biobased Content

• Erosion Control Materials – 77% Minimum Biobased Content

• Fuel Conditioners – 64% Minimum Biobased Content

• Greases – Multipurpose – 72% Minimum Biobased Content

• Greases – Truck – 71% Minimum Biobased Content

• Inks – Printer Toner (Greater Than 25 Pages Per Minute) – 20% Minimum Biobased Content

• Inks – Printer Toner (Less Than 25 Pages Per Minute) – 34% Minimum Biobased Content

• Mobile Equipment Hydraulic Fluids – 44% Minimum Biobased Content

• Penetrating Lubricants – 68% Minimum Biobased Content

• Pneumatic Equipment Lubricants – 67% Minimum Biobased Content

• Rope and Twine – 25% Minimum Biobased Content

• Safety Equipment – 25% Minimum Biobased Content

• Shopping and Trash Bags – 22% Minimum Biobased Content

• Sorbents – 89% Minimum Biobased Content

C.25 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:

2-Cycle Engine Oils - Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear.

Animal Medical Care Products – Products intended to treat medical problems in animals. Includes first aid products and products that can treat, but are not limited to, body systems, urinary problems, allergies, inflammation, and scarring.

Animal Skin, Hair, and Insect Care Products – Products used to improve the quality of animal skin and hair. Products do not include shampoos. Also includes any flea control or insect repellent.

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

Chain and Cable Lubricants – Products designed to provided lubrication in such applications as bar and roller chains, sprockets, and wire ropes and cables. Products may also prevent rust and corrosion in these applications.

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.

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

Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

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

Concrete Curing Agents – Products that are designed to enhance and control the curing process of concrete.

Concrete Repair Materials – Products designed to repair cracks and other damage to concrete.

Concrete and Asphalt Cleaners - Chemicals used in concrete etching as well as to remove petroleum-based soils, lubricants, paints, mastics, organic soils, rust, and dirt from concrete, asphalt, stone and other hard porous surfaces.

Products within this item include only those marketed for use in commercial or residential construction or industrial applications

Concrete and Asphalt Release Fluids - Products that are designed to provide a lubricating barrier between the composite surface materials (e.g., concrete or asphalt) and the container (e.g., wood or metal forms, truck beds, roller surfaces).

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.

Corrosion Preventatives - Products designed to prevent the deterioration (corrosion) of metals.

Diesel Fuel Additives - (1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use. (2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20).

Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

Dust Suppressants – Products formulated to reduce or eliminate the spread of dust associated with gravel roads, dirt parking lots, or similar sources of dust, including products used in equivalent indoor applications.

Erosion Control Materials - Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth.

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.

Fuel Conditioners - Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system.

Greases – Multipurpose – Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for general use.

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Greases – Truck - Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots.

Inks - Printer Toner (Greater Than 25 Pages Per Minute) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Inks that are a powdered chemical, used in photocopying machines and laser printers, which is transferred onto paper to form the printed image. These inks are formulated to be used in printers with advanced fusing mechanisms and print speeds of 25 ppm or greater.

Inks - Printer Toner (Less Than 25 Pages Per Minute) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Inks that are a powdered chemical, used in photocopying machines and laser printers, which is transferred onto paper to form the printed image. These inks are formulated to be used in printers with standard fusing mechanisms and print speeds of less than 25 ppm.

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.

Penetrating Lubricants – Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables.

Pneumatic Equipment Lubricants – Lubricants designed specifically for pneumatic equipment, including air compressors, vacuum pumps, in-line lubricators, rock drills, jackhammers, etc.

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

Rope and Twine – A length of fibers twisted or braided together used to secure loads.

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.

Shopping and Trash Bags – Open-ended bags that are typically made of thin, flexible film and are used for containing and transporting items such as consumer goods and waste. Examples include trash bags, can liners, shopping or grocery bags, pet waste bags, compost bags, and yard waste bags. This category does not include product packaging, disposable containers, or semi-durable and non-durable films.

Sorbents – Materials formulated for use in the cleanup and bioremediation of oil and chemical spills, the disposal of liquid materials, or the prevention of leakage or leaching in maintenance applications, shop floors, and fuel storage areas.

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Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.

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

Standard Specifications - Specifications established for Region wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

Utility Services - Are services such as electricity, gas, steam, water and sewage.

Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

C.26 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. 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 mean, 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.

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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):

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

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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):

Acquisition.GOV | www.acquisition.gov

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work. (APR 1984)

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) -

ALTERNATE I (APR 1984)

The Contractor shall be required to:

(a) Commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than hundred and sixty (160) days from Notice to Proceed.

The time stated for completion shall include final cleanup of the premises.

The completion date may be extended by the number of calendar days after the date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause) https://www.acquisition.gov/

140PS124R0019

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 POST AWARD CONFERENCE

Prior to commencement of work, the CO, CS or 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 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

Contractor may use existing rocks, riprap and related material on-site for road improvements

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

CONTACT (POC)

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.