21B0009 - Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912BU21B0009

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

11:00 AM 3 Aug 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

2 July 2021

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912BU9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

FREDERICK CONWAY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY ENGINEER DISTRICT, PHILADELPHIA

POC: FREDERICK CONWAY 100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF68

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912BU21B0009

BID INSTRUCTIONS

INFORMATIONAL TEXT

IMPORTANT NOTES REGARDING THIS ACQUISITION:

A. The following documentation must be submitted with your bid for evaluation:

1. SF 1449, Solicitation, Offer.

2. Price Schedule.

3. All amendments (if any) must be acknowledged.

Note: On the SF 1449 be sure to include: company name, address, tax identification number, DUNS number, and Cage Code. Please submit your price schedule with sufficient backup documentation to enable us to do a thorough analysis of the proposed offer (price). Ex: If the offer includes materials, the supporting documentation would include vendor quotes. Also, if travel is necessary, the travel costs should be documented in compliance with the Joint Travel Regulations.

DUE TO COVID‐19, THE NUMBER OF ATTENDEES TO THE BID OPENING IS LIMTED TO ONE (1)

PERSON.

B. Request for Information (RFI): The Prospective Offeror may submit RFI inquiries relating to the solicitation by email to the following: Frederick Conway, Contract Specialist, email:

Frederick.conway@usace.army.mil. RFIs shall be submitted by 3:00 PM EST, 19 July 2021. Last date for minor amendments is 3:00 PM, 26 July 2021.

Bid Opening is scheduled for 11:00 AM, August 3, 2021. All Bids must be received prior to the specified time and date to be considered responsive.

The interested offeror may submit any technical questions concerning this IFB at the earliest time possible to enable the Contracting to respond. When submitting your RFI, please provide the project name, location and solicitation number.

ALL INQUIRIES MUST BE IN WRITINIG.

End of Text

EVIDENCE OF AUTHORITY TO SIGN BIDS/PROPOSALS

Evidence of the authority of individuals signing bids/proposals to submit firm bids/proposals on behalf of the bidder/offeror is required except where the bid/offer is signed, and shows that it is so signed, by: The President, Vice‐President, or Secretary of Incorporated bidders; a partner in case of partnership; the owner in the case of sole proprietorships. Failure to submit with the bid satisfactory evidence of authority of all other persons may be cause for rejection of bid as an invalid or non‐responsive bid.

End of Text

PREAWARD SAFETY CONFERENCE

(a) Where an apparent awardee, in performance of contracts during the previous three year period incurred one or more accidents, or where, in the opinion of the Contracting Officer, there is any question regarding his compliance with any safety or accident prevention requirement, the apparent awardee, on request of the Contracting Officer prior to any award under this solicitation, shall attend a conference with representatives of the Contracting Officer to discuss any such accidents or non‐compliance, the reasons for their occurrence, and measures which will be taken to preclude any recurrence thereof.

(b) Information elicited at this conference will be used by the Contracting Officer, in conjunction with other information obtained in the pre award survey, in determining the awardees’ responsibility.

(c) The items discussed, the preventive measures considered, and any conclusions reached in this conference shall be recorded in minutes of the meeting, which shall be authenticated by the signatures of representatives of the awardee and the Contracting Officer, and any procedures noted therein as agreed upon shall become an obligation of the awardee, along with all other safety and accident prevention requirements of the contract, if award is made to him.

End of Text

SAFETY REQUIREMENTS

The Contractor is advised that he shall be expected to comply with the OSHA Standards as well as the most recent Corps of Engineers Safety and Health Requirements Manual (EM 385‐1‐1). EM 385‐1‐1 with applicable addenda and the OSHA Standards are hereby incorporated by reference, as if fully set forth.

DREDGING AND DREDGE RELATED MARINE WORK

The Contractor shall comply with the provisions of EM 385‐1‐1. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/ United States Army Corps of Engineers (USACE) Dredging Safety Management Program (DSMP), as determined by the DCA/USACE Joint Committee, and holds am current valid Certificate of Compliance for both the Contractor Program and the Dredge(s) to be used to perform the work required under this contract, the Contractor may, in lieu of the submission of an Accident Prevention Plan (APP), make available for review, upon request, the Contractor’s current Safety Management System (SMS) documentation, submit to the Contracting Officer the current valid Company Certificate of Compliance for its SMS, submit the current dredge(s) Certificate of Compliance based on third party audit, and submit for review and acceptance, site‐specific addenda to the SMS as specified in the solicitation.

ARITHMETIC DISCREPANCIES

a. For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by bidder:

1) Obviously misplaced decimal points will be corrected;

2) Discrepancy between unit price and extended price, the unit price will govern;

3) Apparent errors in extension of unit prices will be corrected;

4) Apparent errors in addition of lump‐sum and extended prices will be corrected.

b. For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends his bid to be evaluated on the basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

c. These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

CAUTION TO BIDDERS‐‐BID ERRORS

You are cautioned to exercise extreme care in preparation of your bid. Errors in bids are costly and could result in substantial loss to you as well as delayed award of contracts. Actions you can take to avoid errors are:

(a) Make sure your bid takes into consideration all amendments to the IFB. Amendments will be posted to Betasam.gov.

(b) If you feel bidding requirements are unclear, contact the Philadelphia District Office in writing for an explanation before preparing and submitting your bid.

(c) Verify all quantities and prices, especially quotations from subcontractors. Make sure no line items have been overlooked in recapitulating. Have your bid reviewed by qualified personnel other than those preparing the bid.

(d) Retain all original notes, subcontractor quotations, estimates, and summary worksheets from which your bid was prepared. If you have made a mistake in bid, you will need these papers to determine the nature and amount of an error and to support any request you may make for special relief.

AWARD TO SINGLE BIDDER

No separate award will be made for any item contained in the Bid Schedule in Section SF 30. Bidders must submit a bid on all items contained in Bid Schedule in Section SF 30, or the Bid will be considered non‐responsive and therefore rejected.

DELIVERY OF BIDS/PROPOSALS

Bids/Proposals shall be delivered in person to the:

Philadelphia District Corps of Engineers Wanamaker Building Frederick Conway 100 Penn Square East Philadelphia, PA 19107

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INFORMATIONAL

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor's own risk.

BID SCHEDULE

BID SHEET FOR DREDGED MATERIAL DISPOSABLE SITE DRAINAGE AND EARTHWORK PREPARATION

SERVICES CONTRACT FOR THE PEDRICKTOWN DISPOSAL AREA COMPLEX.

ITEM UNIT QUANTITY UNIT PRICE TOTAL

Amphibious Excavator

Mobilization/Demobilization Each 4 _______________ _____________

Daily Rate Work Days 960 _______________ _____________

Operator Daily Rate Work Days 1000 _______________ _____________

Widetrack Bulldozer

Mobilization/Demobilization Each 4 ______________ _____________

Daily Rate Work Days 360 ______________ _____________

Operator Daily Rate Work Days 380 ______________ _____________

Crawler Excavator

Mobilization/Demobilization Each 2 ______________ _____________

Daily Rate Work Days 180 ______________ _____________

Operator Daily Rate Work Days 190 ______________ _____________

Articulated Dump Truck

Mobilization/Demobilization Each 8 ______________ _____________

Daily Rate Work Days 720 ______________ _____________

Operator Daily Rate Work Days 760 ______________ _____________

HASP/AAP, QC & Work Plans Each 4 ______________ _____________

Mechanic Labor Work Days 345 ______________ _____________

Safety/QA Labor Work Days 345 ______________ _____________

Sub Total for Equipment & Labor

G&A %

Sub Total with G&A

Profit %

Total Contract Cost with Profit

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

DREDGED MATERIAL DISPOSAL AREA SITE DRAINAGE AND

EARTHWORK PREPARATION SERVICES CONTRACT, PEDRICKTOWN

DISPOSAL AREA COMPLEX, SALEM COUNTY, NEW JERSEY

PART 1 GENERAL INFORMATION

1. GENERAL: This is a non-personal services contract to provide drainage and earthwork preparation services at the Pedricktown complex of dredged material disposal areas in Salem County, New Jersey. The purpose of these disposal areas is to provide a place to dispose of dredged material removed during USACE maintenance dredging operations in the Delaware and Christina Rivers. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor, who in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, 4 amphibious crawler mounted backhoe/excavators, 4 D6 bull dozers, 8 articulated dump trucks, 2 tracked excavators and all associated supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the required services to the Pedricktown disposal areas as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services.

The contractor shall perform to the standards in this contract. Services provided under this contract will be performed in two phases. The first phase will be for drainage and include the four

(4) amphibious excavators. The second phase will be for earthwork preparation services and include the bull dozers, dump trucks and excavators and will not begin until completion of the first phase.

1.2 Background: The Pedricktown complex of dredged material disposal areas are comprised of a system of earthen dikes with approximately 1800 acres of containment space designed to hold dredged materials. This site allows soil sediments transported as dredge slurry to settle out before water is discharged back into the waterway through a sluice structure.

Drainage services are aimed at drying and consolidating materials in-place, as the water is discharged back into to the waterway through a series of drainage ditches leading to the sluiceway. Earthwork preparation services are aimed at excavating, moving and compacting soils within the limits of the Pedricktown complex of dredged material disposal areas to properly enable concurrent dike construction by the government.

1.3 Objectives: The purpose of this contract is to provide all management, tools, supplies, equipment, and labor necessary to provide drainage and earthwork preparation services at the Pedricktown complex of dredged material disposal areas.

1.4 Scope:

1.4.1 Drainage Services: It is essential that the contractor ensure that the disposal site experiences significant drying by providing adequate drainage throughout the period of performance. To provide for adequate drainage, the contractor must ensure that, at a minimum:

1.4.1.1 Drainage ditches are excavated along the entire inside perimeter of the earthen disposal area dike lines. The perimeter ditch will be located approximately 50-feet from the inside toe of the existing dike-line. The ditch must be excavated to a minimum depth and bottom width of 4-feet.

1.4.1.2 “Finger drainage ditches” are constructed perpendicular to the perimeter ditches at a distance of approximately 500 feet inside the disposal area starting from and connecting to the perimeter ditch. The spacing between the “Finger Drainage Ditches” will be approximately 200-feet. The contractor will be responsible for determining the distance/interval between the finger ditches to allow for maximum drainage and drying. Finger ditches must be excavated to a minimum depth and bottom width of 4-feet.

1.4.1.3 A clear drainage flow way to the sluice boxes must be maintained. The contractor will periodically be required to coordinate with the government representative to have the wooden stop logs of the sluice manipulated to maximize and maintain drainage flow. At no time will the contractor or his subcontractors work on the sluice.

1.4.1.4 Stockpile materials within the disposal area in a manner that enhances the drying process.

The Government reserves the right to inspect the stockpiles and advise the contractor if changes are required to better enhance the drying process.

1.4.2 Earthwork Preparation Services: It is essential that the contractor move and place a sufficient amount of on-site materials which will support the construction of a new dike by the government work force. To provide for adequate earthwork preparation, at a minimum, the contractor must:

1.4.2.1 Move, push-up and place on-site materials to be used by the government to raise the elevation of the existing earthen disposal area dike lines. Grade stakes will be set by USACE to indicate existing site elevations and proposed lay down limits. The overall average width of contract lay down limits from the inside toe of the existing dike out into the disposal area is approximately 70 feet. The contractor must maintain a sufficient supply of stockpiled material within the laydown area to support the government work effort constructing a new dike throughout the period of performance.

1.4.2.2 Demonstrate a continued daily progress of moving, shaping and compacting dredged materials within the lay down limits of the existing earthen dike. Placement within identified final lay down area must conform to the elevation grade stakes and work boundary markers. All work will be monitored by the government. The Contractor will be required to complete a minimum daily linear footage of 100-feet within the designated work area.

1.4.2.3 Stockpile materials inside the disposal area in a manner that enhances the drying process and provides dry, workable materials after rain events. The Government reserves the right to inspect the stockpiles and advise the contractor if changes are required to better enhance the drying process.

1.5 Period of Performance: This service contract includes 30 calendar days for mobilization and submittal procedures, 240 operating days for drainage services (Phase 1) and 90 operating days for earthwork preparation services (Phase 2). It is anticipated Phase 2 will immediately follow completion of Phase 1. Weekends & Holidays are not included in operating days. The anticipated period of performance will be from approximately 15 Auguest 2021 to 15 January 2023 but will be adjusted based on the actual contract notice to proceed (NTP) from the Contracting Officer.

1.5.1 Recognized Federal Holidays: Work days do not include the Federal Holidays listed below:

New Year’s Day Labor Day Columbus Day Veteran’s Day

Thanksgiving Day

Martin Luther King Jr.’s Birthday President’s Day Memorial Day Independence Day Juneteenth

Christmas Day

1.5.2 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0700 am and 15:30 pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. There will be no work during a holiday break period between 20-31 December 2021.

1.6 Required Submittals: The contractor shall be required to submit four separate documents within 14 calendar days of notice to proceed (NTP) for government approval prior to mobilization of any equipment; a work plan, health and safety plan, an accident prevention plan and a quality control plan as detailed in Part 5 of this PWS, Specific Tasks.

1.7 General Information:

1.7.1 Quality Control The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor shall be responsible for contract performance quality control. To facilitate this effort, the Contractor shall establish an inspection system acceptable to the Government. The Contractor shall provide a Quality Control Plan (QCP) which addresses methods for meeting the requirements of this contract. The complete QCP shall be submitted to COR in accordance with the delivery schedule. Contractor shall revise the QCP at no additional cost to the Government if ordered by the Contracting Officer. The Contractor shall conduct weekly on-site meetings with the Government QA representative to discuss work activities, milestones and any other pertinent issues and provide meeting minutes of said meetings within 3 days of each meeting. The QCP plan shall include a concise daily report that at minimum discusses personnel and equipment on site, significant issues, working status of each piece of equipment, weather, and all other pertinent information.

a. Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

b. Government verification of services shall not constitute acceptance nor replace the contractor inspection or in any way relieve the contractor of any responsibility to take all actions necessary to assure highest quality of service rendered.

c. Final Acceptance. Prior to contract completion, Government Superintendent will perform a final inspection of the contract area to ensure that the contractor has complied with all contract requirements.

The results of that inspection will be documented by Government Superintendent for the contract file.

1.7.2 Place of Performance: The work under this contract will be performed at the Pedricktown complex of dredged material disposal areas in Salem County, New Jersey. Ensure all contractors obey posted speed limits entering or exiting the Disposal Area. Any trash, mud or debris must be clean when entering or exiting the disposal areas at the main gates.

1.7.3 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.7.4 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control

Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks;

however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.7.5 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.7.6 Contracting Officer Representative (COR): The (COR) will be identified by separate letter.

The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.7.7 Key Personnel: Key personnel for positions listed below will be provided after award. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person 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. The contract manager or alternate shall be available between 0700 to 1600 P.M., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

Contracting Officer Representative (COR):

Government Superintendent:

Government QA:

Project Manager:

Safety Officer:

1.7.8 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.7.9 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.)

or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.7.10 Weather Delays: It is anticipated that the amphibious excavators during execution of the Phase 1 drainage services can continue to work in all but the most severe weather conditions. During the Phase 2 earthwork Preparation Services, weather delays should be expected. In order for the Contracting Officer to award any time extensions, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather-dependent activities. For the purpose of this contract, unusually severe weather is defined as daily precipitation equal to or exceeding 0.5 inches and/or the maximum daily temperature not exceeding 32 degrees F. Days are not cumulative.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS BASED ON (5) DAY WORK

WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

5 2 2 2 2 2 2 2 2 2 2 2

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normal scheduled work.

Actual adverse weather days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month and be recorded as full days. Unit rates of equipment and labor for works days partially impacted by weather shall be reimbursed as following: on work days when workers show up, but no work can be conducted, unit rates will be compensated for two hours; when work must stop within the first two hours of the workday, unit rates will be compensated for four hours; when work must be stopped after two hours, unit rates will be compensated for a full day. No compensation will be granted if Contractor is notified at least sixteen (16) hours prior to start of the next workday that no work can be conducted due to severe weather. Partially compensated days shall be accumulated to full days and be included as part of the total workdays available in the appropriate phase of work.

1.7.11 Mechanical Delays: The contractor shall ensure that all equipment mobilized to the project work site is in good working condition and maintained to that standard for the duration of the contract. Days or portions of days when equipment is non-functional due to mechanical issues will be monitored and tracked by the contractor’s quality control manager on the daily QC Report as described in Section 1.7.1 of this PWS. All delays due to mechanical issues will be added to the duration of the contract, based on specific equipment type, at no additional cost to the government.

1.7.12 Payments: The contractor shall submit monthly bills to the Project Manager and COR for review and processing. Payment for 60% of Mobilization/Demobilization costs may be submitted with the first monthly bill as appropriate and the remaining 40% may be billed when all work is complete, all equipment is removed from the site and all required site restoration is complete.

PART 2 DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE SURVEILANCE PLAN(QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAYS. The number of credited eight (8) hour days or summed portions of days the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: N/A

3.2 Facilities; N/A

3.3 Utilities; N/A

3.4 Equipment; N/A

3.5 Materials; N/A

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Part 3 of this PWS. The contractor shall provide all personnel, 4 amphibious crawler mounted backhoe/excavators, 4 D6 bull dozers, 8 articulated dump trucks, 2 tracked excavators and all associated supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the required services at the Pedricktown complex of dredged material disposal areas as defined in this Performance Work Statement (PWS).

4.2. Equipment: The Contractor will be operating in soft to very soft soil conditions. In order to show that the Contractor is capable of completing the performance requirements, the contractor must show that it owns or has access to the following piece of equipment for the appropriate durations in the Period of Performance:

4.2.1 Phase 1 - Drainage Services: This phase will require the four amphibious crawler mounted backhoe/excavators and will begin at NTP and will include 240 work days.

4.2.1.1 Amphibious Crawler mounted backhoe (excavator) on pontoons suitable for operations in swamp like conditions. The backhoe/excavator must meet the following minimum specifications:

i. Class: 325

ii. Long Reach Boom: 60-foot.

iii. Track Roller Chain: Heavy duty, Engineer class

iv. Steering: Two pivoting foot pedals with detachable levers with each pedal/lever operating its corresponding track.

If the backhoe/excavator is equipped with a 1 cubic yard capacity bucket, then 1 cubic yard heaps of dredge material will be acceptable during the performance of the contract requirements. To be acceptable, the backhoe/excavator must be sized and factory rated to perform with the associated bucket.

4.2.2 Phase 2 – Earthwork Preparation Services: This phase will require the 4 D6 bull dozers, 8 articulated dump trucks and 2 tracked excavators and will include 90 work days. This Phase will begin immediately upon completion of Phase 1.

4.2.2.1 Bull Dozer

i. Class: Medium Track-Type Tractor

ii. Series: D6

iii. Tracks: Low Ground Pressure Version with extra wide tracks

iv. Net Flywheel Horsepower: 185 net

4.2.2.2 Tracked Excavator

i. Class: Medium

ii. Bucket: 2 cubic yard

iii. Type: Crawler Mounted

iv. Net Flywheel Horsepower: 161

4.2.2.3 Dump Trucks

i. Type: Articulated Off-Highway

ii. Drive Configuration: 6x6 (six wheel drive)

iii. Payload Rating (US Tons) 25-31

iv. Net Horsepower:300

4.3 Preparation of equipment, such as fueling, lubricating and other preventive maintenance measures shall be performed by the Contractor prior to start of regular work day. During periods of minor repairs and servicing, such as lubricating, during the work day, the equipment will be considered not to be in continuous operation.

4.4 Upon inspection of equipment, a government representative shall make the final determination as to acceptability for meeting satisfactory safety, performance and production requirements. The contractor is responsible for determining which pieces of equipment are required to complete work on a daily basis.

PART 5 SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1 Work Plan. The Work Plan shall be prepared and implemented by the Contractor as part of its project work. The Work Plan shall apply to all tasks/activities and products required by this contract. The Work Plan shall be submitted in a report format, and approved by the Contracting Officer’s Representative (COR) before field activities can commence. The Contractor shall provide one electronic copy of the Draft Final Work Plan to COR who will then state what changes must be made, or accept the draft as a final. The project specific work plan shall include, at a minimum:

a. Detailed project schedule through the entire period of performance.

b. Procedures for maintain equipment during period of performance.

c. Plan for completing and submitting all reports in a timely manner.

5.2 Health and Safety Plan. The Contractor will be responsible for providing appropriate on-site management and supervision to accomplish work tasks and comply with the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1.

a. EM 385-1-1 and its changes are available at:

http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.a spx.

b. The Contractor shall be responsible for complying with the current edition and all changes posted on the web through the date that is 10 calendar days prior to the date offers are due. If the solicitation is amended to extend the time set for receipt of offers, the 10 calendar days rule stated above shall be applied against the amended date. (For example, if offers are due on 10 April, all changes posted on or before 31 March shall apply to the contract. If the time for receipt of offers is extended from 10 April to 20 April, all changes posted on or before 10 April shall apply to the contract.) Equipment and operators must be onsite and ready to work no later than the date specified in the notice to proceed unless otherwise specified within the contract.

c. The Contractor shall submit a project specific health and safety plan (HASP) for review and approval prior to initiation of any fieldwork. The final HASP shall include all review comments and Contractor’s responses. The HASP will comply with OSHA, EM 385-1-1 (current version) and any other federal, state or local requirements. The HASP will detail personnel training and responsibilities, project equipment, necessary personal protective equipment, decontamination, medical surveillance, and other applicable procedures and protocols for maintaining complete project safety. Any action required protecting the surrounding environment, community and other third parties (e.g. visitors) will be discussed. The Contractor shall ensure that his/her personnel are not only aware of, but also comply with the safety requirements. Adherence to the plan and protection of the environment is the responsibility of the Contractor.

d. Draft Final HASP shall be submitted electronically in a report format to COR and approved by COR before field activities are authorized to commence. Upon approval from COR, the Contractor shall provide the Final HASP for the project records.

5.3 Accident Prevention Plan. The contractor shall submit a project specific Accident Prevention Plan (APP). It is expected that the APP will require the Contractor to immediately notify COR and designated US government safety officer of all accidents or incidents involving employee use of or damage or injury to facilities, equipment, or personnel.

The APP will be reviewed by all employees involved with this project and always be available on the project site for reference. If there are any potential recordable incidents (injury or damage over $5k) the contractor shall inform the QA Rep, put in a call to the COR asap and fill out the template below the day of the incident and include all individuals listed below on an email:

SUBJECT:{provide the project name}; {state whether it is an Incident or an Accident}; {the date it occurred} ;{ Lost time or no lost time}; {recordable or -non recordable}

PROJECT:{state the project title and location, this shall include exact location of accident- installation/project name, building number, street, direction and distance from closest landmark, GPS coordinates}

DATE OF ACCIDENT/INCIDENT:{date that accident/incident occurred} APPROXIMATE TIME:{time of accident/incident} TYPE OF ACCIDENT/INCIDENT:{was this Lost time or no lost time} { is the accident recordable or non-recordable}

ACCIDENT/INCIDENT:{provide a description of the circumstances leading up to the accident, the cause of the accident, and corrective actions}

INJURIES:{describe all injuries - include the name and location of facility rendering treatment. Include a statement as to whether or not the employee was permitted to return to work after examination by medical facility, and if not, an estimate or statement of the number of lost workdays}

PROPERTY DAMAGE: {provide an initial estimate of all damage} PRIMARY CAUSE: {describe the primary cause of the accident} SECONDARY CAUSE:

{describe any secondary causes of the accident}

5.4 Contractor Quality Control Plan. The Contractor shall be responsible for contract performance quality control.

To facilitate this effort, the Contractor shall establish an inspection system acceptable to the Government. The Contractor shall provide a Quality Control Plan (QCP) which addresses methods for meeting the requirements of this task order. The complete QCP shall be submitted to COR in accordance with the delivery schedule.

Contractor shall revise the QCP at no additional cost to the Government if ordered by the Contracting Officer.

PART 6 APPLICABLE PUBLICATIONS

N/A

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required—usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1.

The contractor shall provide excavation of perimeter ditch.

Excavates a drainage ditch along the inside perimeter of the stand-alone earthen disposal area dike line. The perimeter ditch will be located approximately 50-feet from the inside toe of the dike-line. The ditch must be excavated to a minimum depth and width of 4-feet.

Excavation completed in accordance with milestone schedule.

QC

Representative Via

COR

PRS # 2

Construction of finger ditches

Perpendicular to the perimeter ditches at a distance of 500-feet inside the disposal area starting from and connecting to the perimeter ditch. The spacing between the “Finger Drainage Ditches” will be 200-feet. The contractor will be responsible for determining the distance/interval between the finger ditches to allow for maximum drainage and drying. Finger Ditches must be excavated to a minimum depth and width of 4-feet.

Construction completed in accordance with milestone schedule.

QC

Representative Via

COR

PRS # 3

Maintain drainage flow by maintaining ditch stability and actively managing sluice box boards.

Maintains clear drainage flow way to the sluice box. The contractor will periodically be required to coordinate with government representatives to have the wooden stop logs of the sluice manipulated to maximize and maintain drainage flow.

Ensure sufficient drainage of project site. The perimeter ditch will be constructed in accordance with the requirements described in the referenced paragraph, and maintained to continue drainage.

Additionally, active management of the sluice box boards to facilitate continual drainage is occurring.

QC

Representative

PRS # 4

Stockpiling/Drying Excavated Materials

Stockpile materials within the disposal area in a manner that enhances the drying process. The Government reserves the right to inspect the stockpiles and advise the contractor if changes are required to better enhance the drying process.

Ensuring that on-site construction materials are manipulated and properly placed to enhance drying process to provide dry workable material throughout the Period of Performance.

QC

Representative Via

COR

PRS#5

Move, place and push-up materials within the required lay down areas.

Move, push-up and place on-site materials to be used by the government to raise the elevation of the existing earthen disposal area dike line where required.

The contractor must maintain a sufficient supply of stockpiled material within the laydown area to support the government work effort throughout the period of performance

QC

Representative Via

COR

PRS#6

Demonstrate daily progress of moving,…