4) W912QR25QA001 - Performance Work Statement (POW).pdf

PERFORMANCE OF WORK STATEMENT

SECTION C-1

General

C-1.1 PROJECT INFORMATION. Cecil Harden Lake is located in Parke and Putnam counties. The Lake is on Big Raccoon Creek 33 miles upstream of its juncture with the Wabash River. The dam is about 12 miles east of Rockville, Indiana and approximately 56 miles west of Indianapolis, Indiana.

C-1.2 SCOPE OF PERFORMANCE. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform mowing and maintenance services at the Cecil M. Harden Lake project recreation areas, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference. The Contractor’s performance and responsibility shall include all planning, programming, administration, management, supervision, communications, and inspection necessary to assure that all services are conducted in accordance with the contract requirements and all applicable Federal, State, and local laws and regulations. The Contractor is required to attend a pre-performance meeting to be scheduled by the Technical Point of Contact (TPOC).

The quantities listed in the bid schedule are approximate and are provided as information only to assist in preparation of proposed pricing. They are not guaranteed, and the actual quantities may be more or less than shown. Variation in these estimated quantities shall not be justification for modification of the contract or request for additional payment.

It is emphasized that the services described in this contract is a critical part of the Corps mission. The services described will be performed in a public recreation area. The Corps is committed to "Customer Care" and providing quality professional service.

The following are listed as the technical points of contact for this contract:

John Chassey, Park Manager, Cecil M. Harden Lake, TPOC Justin Sanders, Maintenance Leader, Cecil M. Harden Lake, Alternate TPOC

C-1.3 TASK ORDERS. All performance under this contract will be ordered by issuance of individual Task Orders (DD Form 1155). No performance shall be performed under this contract before an individual Task Order has been issued by the Contracting Officer (KO). Only the KO, by issuance of a modification, may make any change to a Task Order. The Task Order will list those items from the price breakout schedule that are to be performed.

Fixed Price. Under this procedure the Government requires definite quantities of items from the bid schedule for routine work. The Contractor furnishes the services in accordance with the technical provision of the contract at the quoted price in the Bid Schedule. The Contractor furnishes all plant, labor, equipment, and materials for fixed price work unless otherwise specified.

C-1.4 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS. In addition to complying with the requirements outlined in FAR Part 22.13, FAR Clause 52.222- 35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S.

veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans employment: www.vets.gov/ Federal veteran employment information: www.fedshirevets.gov/index.aspx Veterans’ Employment and Training Service (VETS): http://www.dol.gov/vets/ Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow/ U.S. Army Warrior Transition Command Employment Index: wtc.army.mil/modules/employers/index.html Hiring Our Heroes initiative: www.uschamberfoundation.org/hiring-our-heroes

C-1.5 WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:00 a.m. to 4:00 p.m. Performance inside Government buildings or other secured areas shall be performed during the above referenced work hours. Performance that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the TPOC. Please refer to individual sections of this contract specification for specific schedules of service.

b. Holiday Work. The eleven Federal holidays observed are:

New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Juneteenth Day (June 19th) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Services shall be scheduled around the above listed Federal holidays except as specified herein or as stated within each task Order.

c. Inclement Weather Work. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the TPOC when severe conditions make services impractical or dangerous. The KO will notify the Contractor, by modification to the Task Order, of any change that extends the performance period due to unusually severe weather.

C-1.6 CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the TPOC prior to the pre-performance conference for this contract:

a. Quality Control Plan. An outline for the Contractor's Quality Control Plan is in Exhibit A.

b. Contractor Quality Control Inspector. List of Quality Control Inspectors.

c. Contracting Representatives. List of names of Contracting Representatives.

d. Accident Prevention Plan (APP). A suggested outline for the Contractor’s Accident Prevention Plan.

See Section C-1.9 for APP requirements.

e. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor

Representatives) to call in case of emergencies.

f. Operators. A list of names of qualified equipment/vehicle operators, including qualifications, experience and training to operate specific equipment.

g. Certificate of Insurance – The contractor shall furnish a copy of the certificate of insurance for the minimum liability coverage as required in Section H, (Please See Special Contract Requirements; paragraph entitled “Required Insurance” in Section H)

h. Performance Bond (where applicable) – See Section H

i. Security Requirements – See section C-1.9, part h.

C-1.7 PERMITS AND LICENSES. The Contractor shall, at his own expense, obtain any licenses or permits required to perform all aspects, requirements, and work under this contract. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

C-1.8 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. The Contractor shall furnish his employees, other than office and clerical personnel, standardized uniforms (shirt-pants/shirt-skirt) with a company patch or embroidered identification on the breast pocket or on the sleeve at the top of the arm, within 30 days after notice of award of the contract. Any employee hired 30 calendar days after award of the Contract shall be in the required uniform within 14 calendar days of the date of hire. Contractor uniforms shall not resemble U.S. Army Corps of Engineers uniforms. Contractor employees and subcontractors shall wear these uniforms at all times they are performing work under this contract. Exceptions may be granted by the TPOC for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the TPOC. Stained or faded uniforms shall not be worn. All vehicles used by the Contractor to perform work under this contract shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an attractive and readily visible means of identification.

The Contractor may require his employees to report in their own vehicles to the project, but these personal vehicles must be parked at a site designated by the TPOC. All vehicles used in performance of work must be marked.

Vehicles used by the Contractor to perform administrative functions such as morning meetings or crew supervision must also be marked.

C-1.9 SAFETY AND SECURITY REQUIREMENTS.

a. General. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the TPOC or any other project employee may stop all or part of the performance until satisfactory corrective action has been taken. No part of the time lost due to any such stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for performance not performed as a result of the stop order.

The Contractor shall comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Manual, EM 385-1-1 (https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf ), and as otherwise stated herein. Special attention shall be given to the requirements for safety meetings.

The Contractor shall inform the Government TPOC a minimum of 7 days prior to a Contractor monthly safety meeting, to permit a Government representative to attend.

b. Accident Prevention Plan (APP). The Contractor shall prepare an APP to ensure that requirements of the safety program are provided as specified. This plan must be accepted by the KO prior to commencement of any services. One copy of the APP shall be provided to the Contracting Officer and the TPOC one week prior to the pre-performance conference. The APP must be in the outline and form prescribed in Appendix “A” of

EM 385-1-1.

c. Activity Hazard Analysis (AHA).

1) The Contractor shall use Activity Hazard Analyses (AHA’s) as one of many tools to ensure safe performance of services. It is the Contractor’s responsibility to prepare the AHA. An approved AHA must be prepared by the Contractor for each call Order issued by the Government. Sample AHA’s may be available at the project office for review and use by the Contractor to assist in the development of site-specific Activity Hazard Analyses prior to the Contractor performing the services. The Contractor is encouraged to revise or add to these sample AHA’s as necessary to address changing conditions. Prior to performing services with inherent hazards, the Contractor shall review, at a “Toolbox” safety meeting, the approved AHA’s with those employees who shall perform that service each time the service is ordered.

The Government may request advanced notification of the time and date of the above AHA Toolbox safety meeting for Contractor employees so that the Government may attend such reviews.

2) The Government will require the Contractor to prepare an AHA for any services for which an adequate

AHA does not already exist. A copy of this AHA shall be submitted to the TPOC and must be https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf accepted before the Contractor starts the service. This copy of the AHA will become the property of the Government. Guidance is included in Exhibit C, which shall be used by the Contractor as a guide for the preparation of required AHA's.

3) A copy of an approved AHA is required for each call order issued by the Government. A copy of the approved AHA’s shall be available at all times to workers at each associated service site and a copy shall be provided to the Government.

d. Public Safety. The Contractor and its employees shall comply with all pertinent sections of the Corps of

Engineers Manual, EM 385-1-1, “Safety and Health Requirements Manual,” current at time of award and any subsequent revisions. The Contractor shall ensure that reasonable precautions are taken to protect the public at all times where work is being performed. The Contractor shall immediately report to the TPOC any potential hazards found by his employees on the project. The APP shall include procedures to be taken to provide for public safety. Additionally, the Contractor shall not allow any persons, except employees, into areas that are not otherwise open to the public; nor shall the Contractor transport in Contractor vehicles any persons, except employees, during times the Contractor is on the project performing services under a Task Order.

e. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a short-sleeved shirt, long trousers, and appropriate footwear during all contract service (as detailed in C- 1.8). Face shields, spectacles with side-shields, or goggles, and hearing protection shall be worn by employees when required, (Please See EM 385-1-1, “Safety and Health Requirements Manual,”).

Contractor personnel involved in handling or application of pesticides or herbicides shall use all protective apparel per manufacturer's recommendations. Fire extinguisher(s) and first aid kit(s) meeting the “Safety and Health Requirements Manual” standards shall also be provided and easily accessible to all employees.

f. Contractor Employees Certified in First Aid & CPR. The Contractor shall provide its employees the appropriate number of CPR and First Aid certified personnel on duty as required by EM 385-1-1“Safety and Health Requirements Manual”. Copies of their certification shall be provided to the TPOC and will be the property of the Government. Two people per crew shall be trained in First Aid and CPR. Individuals working alone shall be trained in First Aid.

g. Hazard Communication Program. The Contractor shall be responsible for implementing a hazard communication program for Contractor employees, as required by 01.B.04 of the Safety Manual. The Contractor shall provide Material Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS) for review by the TPOC prior to use of any hazardous substance on the project and provide a plan for the proper handling, transportation, storage and usage of hazardous substances on the project.

h. Antiterrorism/Operations Security - Required Security Training and Planning.

1) General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)).

Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

2) Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the

RA.

3) Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something):

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

4) Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in

FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

5) SUPPLEMENTAL SECURITY REQUIREMENTS

All Contractors and subcontractor employee(s) working on this contract who require access to any Louisville District Lake Projects and Lock and Dam Projects shall receive authorization to be on site at these facilities based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors” (HSPD 12). The Louisville District Security Management Office shall submit contractor(s) personal information to complete the basic background investigation in order to make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on the contract based upon the results of the background investigation provided by the Louisville District Security Office. The Government, Contractor, and subcontractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Louisville District Security Management Office has completed an Operations Security (OPSEC) review of such items and determined they can be released.

FOR ALL LOUISVILLE DISTRICT CONTRACTS:

Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the Louisville District Security Management office within 10 working days after award of any contract, or prior to the individual being permitted access to Louisville District facilities.

The Contractor must also provide the following: (1) Name of the Contract Specialist with whom he/she is working, (2) Project Name, (3) Contract Number (4) Task Order Number when applicable, and (5) US Citizens Security Access Form each employee working on site must have a background investigation form submitted directly to the Louisville District Security Office.

The Contractor must provide a full legal name, complete SSN#, Date of Birth, Place of Birth (City and State) and Driver’s license number if available. It is the Contractor’s responsibility to ensure the above information is accurate and legible, otherwise delays may occur.

Contractors shall have background checks completed for their employees annually in the case of Contracts with an initial period of performance (POP) greater than 1 year and those Contracts with Options or Modifications Which Extend the POP beyond 1 year. For instance, if the employee was cleared in May of 2022, they shall be cleared again in May of 2023. It is the Contractor’s responsibility to ensure that each employee’s security is up to date. Failure to comply may lead to possible removal from the project/jobsite.

The Contractor must ensure if new employees are brought in to work on an existing Contract with the U.S.

Army Corps of Engineers (USACE), they must process the employee through the Louisville District USACE Security Office for background purposes.

FOR CONTRACTORS REQUIRING DOD COMMON ACCESS CARDS (CAC)

The documents listed below are required:

SF 85, Questionnaire for Non-Sensitive Positions (see http://www.opm.gov/forms/ to print form).

Fingerprints are captured electronically at the closest Army Recruiting Station to the contractor’s home of record or at the USACE, Louisville District Security Office.

Contractor shall report any changes in personnel, or at any time conditions change at least 5 working days prior to individual(s) need to have access to the site. The Contractor shall provide the same information as listed above for all new employees.

Following submission of paperwork, the Louisville District Security Office will conduct an initial criminal check based upon the information provided. If there are no issues, the Louisville District Security Office will make recommendations to the PCO or their Designated Representative. The Louisville District Security Office cannot give approval due to unfavorable report(s). The Louisville District Security Office shall coordinate with Office of Counsel and will jointly make recommendations to the PCO and/or the Designated Representative should a background investigation come back with derogatory information. The PCO will make the determination whether to allow the Contractor personnel to work on the site based on Security and Office of Counsel recommendations, and the PCO will advise the Contractor of the decision.

FOREIGN NATIONALS

The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters staff to complete. All Foreign Nationals must comply with the following paragraph:

In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees. The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States. Such documentation shall include at least one of the following: a U.S. passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N- 550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I-688A), etc.

In order to assure forms are properly completed, and to minimize time delays, the Contractor is encouraged to work closely with the Louisville District Security Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work.

Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, regulation, or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract.

The Contractor shall contact the Louisville District Security Office by phone, letter, or email at the following numbers/addresses:

CELRL-SM

600 Martin Luther King Jr. Pl Louisville, KY 40202

Primary Email: DLL-CELRL-Security-SM@usace.army.mil

Alternate (if no response in 72 hours):

James R. Milner, phone (502) 315-6916; James.R.Milner@usace.army.mil Jason Almodovar, phone (502) 315-6754; Jason.Almodovar@usace.army.mil

C-1.10 ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the TPOC immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the Government POC. For property damage accidents of $5,000 or more, the Contractor shall complete and submit to the TPOC a copy of ENG Form 3394 (see Exhibit C). The Contractor shall maintain an OSHA 300 Log (see Exhibit D) of on – The – Job injuries and first aid treatments. The Contractor shall also provide a monthly record of all exposure and accident experience incidental to the performance of services under the contract. This reporting requirement includes exposure and accident experience of both the Prime Contractor and any subcontractor(s). A Monthly Record of Work-Related Injuries/Illnesses & Exposure form will be available from the TPOC. The Monthly Record of Work-Related Injuries/Illnesses & Exposure report shall be provided to the TPOC by the 5th working day of the month for the previous month.

C-1.11 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the TPOC. When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the TPOC, within 2 workdays (less weekends and holidays) of occurrence. For property damage accidents of $5,000 or more the Contractor will complete and submit to the TPOC a copy of ENG 3394.

C-1.12 CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contract employees shall conduct themselves in a professional, respectful, and courteous manner at all times. Since the majority of service is performed in the presence of the general public, the conduct of all employees is critical and will be closely monitored. Contract employees shall comply with all provisions of Title 36, Chapter III, Part 327, CFR and obey all posted signs and regulations in the performance of services under this contract. Being under the influence of or consuming alcoholic beverages or controlled substances by the Contractor or employees while on duty is prohibited.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the TPOC to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO (Contracting Officer) or the TPOC have the discretion and may require the Contractor to immediately remove from the work site any employee or subcontractor who is incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the service. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible.

mailto:DLL-CELRL-Security-SM@usace.army.mil mailto:James.R.Milner@usace.army.mil mailto:Jason.Almodovar@usace.army.mil

No removal shall reduce the Contractor's obligation to perform all services required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made.

C-1.13 DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment, and the personal property of Contractor employees from loss, damage, or theft. The contractor shall not leave equipment, supplies, and/or materials, etc. on government property at any time. The Government assumes no responsibility for theft, damage, etc., of the above.

C-1.14 SUPERVISION. The Contractor or a Contractor Representative shall personally supervise the service or be readily available by phone or other means of communication to respond to any contract issue that may arise when services are in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all services under the contract.

Each Contractor Representative shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract and shall be the on-site Contractor employee who is responsible for safety.

In addition to Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCI) who shall perform the Contractor's Quality Control Program. QCI’s shall be responsible for implementing the Contractor’s APP. All QCI'S shall have the authority to determine for the Contractor when completed services are ready for Government inspection and to make decisions for the Contractor on re-performance when necessary. A QCI shall be appointed for each crew. For services performed outside normal working hours, a Contractor Representative or QCI shall be present at the job site.

The TPOC and Government Inspectors will deal directly with the QCI’s or Contractor Representatives, for normal day-to-day administration of the contract provisions.

The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representatives shall be submitted in writing to the TPOC before services are performed.

The Contractor shall maintain copies of contract service requirements, specifications, AHA, etc., at each job site which relate to each person's responsibilities and shall review them to ensure employee’s comprehension of a job prior to initiating services.

C-1.15 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the TPOC. Any of the facilities operated by the Contractor may be inspected by the TPOC, or other Federal, State, and local officials without advance notice. Access for inspection shall be granted upon request.

Citations against Government facilities operated by the Contractor for non-compliance with environmental standards are a matter for resolution between the Government and the issuing office. Payment of fines or penalty charges associated with citations issued by Federal, State, or local officials will be paid by the Government.

The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, and/or any other hazardous substances are not spilled, leaked, or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills shall be reported to the TPOC immediately.

C-1.16 CONTRACT DISCREPANCY REPORT (CDR). A CDR is a formal document used by the Government to process defects in services (see Exhibit E). As initially issued to the Contractor, the CDR describes the discrepancy or problem. The CDR will be discussed with the Contractor or his representative when it is issued. The Contractor shall provide his written response on the CDR form within 24 hours of issuance. If the 24 hours falls on the weekend or Federal Holiday, the written response shall be provided by 10:00 a.m. Eastern Time the following business day. The Contractor's response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

Upon finalization of the CDR, the Contractor and the TPOC must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision, etc., the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer monitors all CDR's issued, and CDR's are the principal evidence used by the Contracting Officer in determining Government contract actions such as termination or decision not to exercise options.

C-1.17 MEETINGS. The Contractor is required to attend a pre-performance meeting to be scheduled by the TPOC.

The Contractor or his authorized representative shall contact the TPOC or alternate each workday to discuss contract work items. Meetings may be in person or by telephone as determined by the TPOC or alternate. Specific topics of discussion at the meetings may include requests for estimates, negotiation, inspections, quality control, and upcoming services. If a CDR is issued, mutual effort will be made to resolve any and all problems identified to preclude their recurrence. The TPOC may alter this reporting schedule, or change the reporting method, time, or place if mutually agreeable between the TPOC and the Contractor.

C-1.18 QUALITY CONTROL. The Contractor shall have a Quality Control program to ensure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct deficiencies in the quality of services performed before the level of performance is unacceptable.

The program shall include, but not be limited to the following:

a. An inspection system covering all the services stated in the contract specifications.

b. A method of identifying and correcting deficiencies in the quality of services performed before the level of performance is unacceptable.

c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the TPOC.

d. A method of insuring that employees have full knowledge of performance assignments and that appropriate technical expertise is utilized with each performance assignment.

e. A method of coordinating each crew’s activities with the TPOC and/or inspector.

A sample program is described in Exhibit A. The Contractor may use any or all portions of this plan to prepare a plan of her/his own. A signed plan, including Contractor specific information, shall be provided to the TPOC, and accepted, prior to the Pre-Performance Conference. If changes to this program occur, updated copies shall be provided to the and TPOC.

C-1.19 QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate by the TPOC. The Government will keep a record of all complaints received by the public concerning Contractor performance. Upon receipt of a written complaint by the public, the Government will attempt to verify the complaint and furnish the Contractor a copy of the findings. Should the Government verification reveal a non-performance by the Contractor, a CDR may be issued.

A Government employee shall not be considered an Inspector unless they identify himself or herself as such to the Contractor, the Contractor Representative, or Quality Control Inspector. No Inspector is authorized to change any provision of the specifications without written authorization of the KO, nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

C-1.20 DEFICIENCIES. If the Contractor fails to perform, or if performance in any area is judged unsatisfactory by the TPOC, the Government will take corrective action. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the Government. When the defect in services cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Contractor is required to respond to a CDR (See Section C-1.16).

C-1.21 INTERRUPTIONS TO SYSTEMS. All work that would necessitate an interruption of the use of the project or its support systems or otherwise disrupt building occupants and/or the visiting public shall be fully coordinated and approved in advance by the TPOC. Interruptions shall be kept to an absolute minimum, and all repairs or replacements of equipment or components shall be accomplished in an expeditious and efficient manner.

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT.

a. Government Furnished Facilities. Suitable space will be provided for the Contractor's use for services performed under this contract, as listed below. The Contractor shall maintain such space or grounds to the same, or higher standards, as similar areas occupied by the Government, and shall assume responsibility for the safekeeping of facilities provided. The Contractor shall not use those grounds or facilities as a place of habitation. At the completion of the contract, all facilities and equipment shall be returned to the Government in the same condition as received. Modifications or changes shall not be made to any facilities without prior written approval of the TPOC. Any modifications to the facilities shall be at the Contractor's expense. The facilities provided consist of space within reasonably secure fenced areas. The Contractor shall be responsible for maintaining physical security for Government furnished facilities and property.

Should the Contractor reject any or all Government furnished facilities, the Contractor shall provide all necessary facilities at no cost to the Government. All Government furnished facilities shall be used only for the performance of services specified herein.

Restroom facilities for contract employees are the responsibility of the Contractor. The Contractor may elect to use public restroom facilities, unless closed.

b. Utilities. The Government will furnish available utilities to perform the specified services. At remote locations the Contractor shall supply his own utilities such as water. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation. Government furnished utilities shall be used only in the performance of services specified in this contract.

c. Forms. All Department of Defense forms, required by the Government to be used under this contract, will be provided by the Government during the contract period. The Government reserves the right to modify or supersede these forms during the contract period.

d. Control. The Contractor shall provide control to ensure Government furnished equipment, property, or items are utilized only for contract purposes. The Contractor will be provided keys to allow access to certain secure areas and will be held responsible for losses due to their negligence and for the replacement of compromised locks (which can occur due to loss or duplication of keys). Upon completion (including any extensions of contract term) or termination of the contract for any reason, and except for fair wear and tear, the Contractor shall return all Government furnished equipment, keys and any unused material or supplies in the same condition as received.

e. Safety Manual. Prospective contractors may review a copy of the Safety and Health Requirements Manual EM 385-1-1 at the Project Office or online at(https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf.

The Contractor shall be provided one copy of Safety Manual EM 385-1-1, during the pre-performance conference.

C-1.23 CONTRACTOR FURNISHED ITEMS.

a. General. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, small tools, equipment and operators, supplies, or materials necessary to accomplish all required services. All Contractor furnished tools, equipment, supplies, materials, or vehicles shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws or regulations. A partial list of equipment which shall be needed by the Contractor is included in each section.

b. Equipment. At the end of each section, an "Equipment List" is provided for Contractor reference. The equipment listed is not mandatory, nor necessarily complete. The Government requires, however, that the Contractor provide adequate equipment to perform the services required within the specified time period for each job. Adequacy of the equipment (e.g., mowing equipment and vehicles) to perform certain repetitive services will be determined prior to award of the contract. Also, all equipment used by the Contractor must meet safety requirements outlined in EM 385-1-1.

c. Service Vehicle. It is the Contractor's responsibility to provide service vehicles as necessary, capable of transporting employees, equipment, tools, materials, and supplies. Contractor service vehicles used along project and public roads must be equipped with an orange rooftop revolving light, a rear mounted warning sign, and reflective tape on the rear bumper.

d. Contractor Equipment and Supply Inspection. The apparent Contractor shall make available for inspection all service equipment, tools, and samples of supplies he proposes to use for services under this contract, along with proof of ownership or lease agreement. Such articles shall be made available for inspection within seven (7) working days after notice from the TPOC. Only equipment and supplies inspected and approved shall be used for services under this contract. A sample of the Safety Inspection for Miscellaneous Equipment Exhibit F. All subsequently procured equipment to be used for services under this contract must be inspected and approved by the Government prior to use.

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, and/or pilferage to Government property, and malfunctioning Government equipment to the TPOC. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the service sites shall be placed into the custody of the TPOC for return to the owner if ownership cannot be established. The Contractor shall inform the TPOC of any information he/she or her/his employees receive about lost and/or found articles from the public.

C-1.25 NOTIFICATION OF SERVICE TO BE DONE. The Contractor will be notified of services to be performed by issuance of Task Orders. Under normal conditions, Task Orders or other notifications will be issued that require response within 48 hours after receipt. If the 48 hours falls on a weekend or Federal Holiday, the response shall be given by noon the following business day. All Task Orders must be completed by the delivery times as specified in block 10 of the Task Order Form.

C-1.26 MINIMUM MANPOWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the services specified herein. Personnel required to handle emergency situations shall be available on call, 24 hours per day, 7 days per week.

C-1.27 MINIMUM PERSONNEL QUALIFICATIONS.

a. General. Employees, technical personnel, and consultants shall have the education, experience, or knowledge evidenced by license, certificate, diploma, etc., to provide a comprehensive understanding of the systems and components serviced, operated, maintained, and repaired under this contract. Only qualified mechanics and operators shall service, operate, maintain, or repair heating and air-conditioning systems, control tower equipment, miscellaneous equipment, and vehicles. Only properly trained and qualified employees shall be used in the performance of this contract. All employees shall be subject to applicable Government regulations. In the event the Contracting Officer or his Authorized Representative decides the Contractor does not have a qualified employee to perform the specified work, the Contractor shall be required to immediately provide qualified personnel or to subcontract the work to a specialist.

C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS. The Government may undertake or award other contracts, or have lessees or volunteers performing certain services, including services that could otherwise be performed utilizing Task Orders under this contract. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers, and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of service by another Contractor, volunteer, lessee, or Government employee. The TPOC may alter the service schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any changes outside of normal working days or hours shall come from the Contracting Officer and will be completed through a modification to the

Task Order.

C-1.29 REPORTS. The Contractor shall, in an accurate and timely manner, prepare all reports, forms, permits etc., as required in this contract. A partial list of these reports, forms, permits, etc., follows:

Supplies Furnished and Used Contractor Portion of Any CDR Quality Control Inspection Checklists Worksheet (ENG Form 5007-R) Vehicle Operational Record Form (CEORH Form 2813 Test) Activity Hazard Analysis (AHA) Contractor Manpower Reporting Application (CMRA) OPSEC Training

“CONTRACTOR MANPOWER REPORTING LANGUAGE FOR CONTRACT SERVICE

PERFORMANCE STATEMENTS AND RELATED BACKGROUND INFORMATION

"The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 20__. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mill.

The information below is not to be included in contract service performance statements Uses and Safeguarding of Information: Information from the secure web site is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data.