Attachment 1 Performance Work Statement.pdf

Attachment #1 – Performance Work Statement (PWS)

SECTION C-1

General

C-1.1 PROJECT INFORMATION.

There are several Locks and Dams across the Pittsburgh District included in this contract see CLIN Structure below:

CLIN USACE Property Address Total Treatment Area

(sq ft)

0001 Dashields Locks and Dam 100 Dashields Lock Road Coraopolis, PA

15108 201,716

0002 Emsworth Locks and Dams 0 Western Avenue Pittsburgh, PA 15202 /

Coraopolis, PA 15108 150,850

Lock 4, Monongahela (Charleroi) 1900 Route 906 Belle Vernon, PA 15012 123,323

0004 Maxwell Locks and Dam 142 Maxwell Locks and Dams E. Millsboro, PA 15433-1261 302,647

0005 Grays Landing Locks and Dam 599 Broadway Street Masontown, PA 15461 512,914 0006 Lock 4, Allegheny 1 River Avenue Natrona, PA15065 26,986 0007 Lock 5, Allegheny 842 Dam Road Freeport, PA 16229 18,797 0008 Lock 6, Allegheny 1258 River Road Freeport, PA 16229 38,317 0009 Lock 7, Allegheny 240 Tarrtown Road Kittanning, PA 16201 50,173 0010 Lock 8, Allegheny 1107 State Route 1033 Templeton, PA 16259 54,791 0011 Lock 9, Allegheny 509 Rimerton Road Templeton, PA 16259 126,708

C-1.2 SCOPE OF WORK. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform pesticide application, as specified and in strict accordance with the contract.

The Contractor shall provide pesticide application services for the locations detailed in Section C-2.5. The objective is to eliminate vegetation in designated areas to maintain operational integrity and safety.

a. Performance Standard: A kill rate of 95% of the target vegetation shall be achieved and maintained. The pesticide shall include a pre-emergent component to prevent regrowth from the time of application through at least September 30 of the application year.

b. Scheduling: Pesticide application shall be performed between May 15 and June 15, weather permitting. The final schedule for each location must be approved by the COR.

c. Pesticide Approval and Use:

1. All locations under this contract are adjacent to aquatic environments. Therefore, only pesticides approved by the Environmental Protection Agency (EPA) for use in and near waterways shall be used. Examples of acceptable active ingredients include glyphosate and imazapyr formulated for aquatic use.

2. The Contractor shall submit an Annual Pesticide Control Plan, Appendix I, detailing all proposed pesticides for review and approval by the District Environmental Compliance Coordinator (ECC), via the COR. No pesticide shall be used until written approval is granted.

3. Pesticides shall be applied strictly in accordance with the manufacturer's label. Mixing or storing pesticides on USACE property is prohibited. The Contractor shall use a spray pattern indicator (dye) in all spraying operations.

d. Certification and Reporting:

1. A state-certified applicator must supervise all pesticide application work. Proof of certification for all personnel applying pesticides must be submitted to the COR at least ten (10) business days prior to the first application.

2. Within seven (7) calendar days of any application, the Contractor must report the actual pesticide use to the COR using the Pesticide Application Record form.

e. Nonconformances:

* Minor Nonconformance: Includes failure to submit reports on time or failure to complete application on the agreed-upon date without prior COR approval.

* Major Nonconformance: Includes failure to achieve the 95% kill rate, use of unapproved pesticides, violation of any law or manufacturer's label, or mixing/storing chemicals onsite.

It is emphasized that the work described in this contract is a critical part of the U.S. Army Corps of Engineers (USACE) mission. USACE is committed to "Customer Care" and providing quality professional service.

C-1.3 Upon contract award, the contractor shall establish a profile for the Procurement Integrated Enterprise Environment (PIEE) at https://pieetraining.eb.mil/wbt/xhtml/wbt/portal/overview/vendorRegister.xhtml. The Contractor shall access PIEE for Contracting Officer’s Representative (COR) Designation Letters and other documents associated with contract administration.

The Contractor will provide a formal schedule for review and approval by the COR within three (3) business days, as needed per the contract.

All invoices are to be submitted to the Contracting Officer’s Representative (COR) for review no later than the 15th day of the month following the month the services are performed. USACE does not use the Wide Area Workflow (WAWF) module in PIEE to pay invoices. Directions to submit invoices electronically to the USACE Finance Center are provided in Appendix II.

The Government pays only for those services performed and accepted.

If needed, after final payment has been made for services received, the Contract Specialist will send an email notification with information addressing service(s) not used during the performance period. Subsequently, a modification will be issued by the KO to de-obligate funds for services not used and to reflect the services received by the government.

C-1.4 DISTRIBUTION. The contractor will provide the on-site supervisor/foreman with a copy of the contract (Performance Work Statement [PWS] and Attachments/Appendices/Maps) and site supervisors with their pertinent section of the contract to ensure complete and thorough service to the Government.

C-1.5 WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:30 a.m. to 3:00 p.m. Eastern Time (ET). Work inside Government buildings or other secured areas shall be performed during the above referenced work hours. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the COR.

b. Holiday Work. The eleven (11) 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 (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 occurs 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. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the COR.

b. Inclement Weather Work. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the COR when severe conditions make it impractical or dangerous to perform the work.

C-1.6 CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the COR at the pre-work conference for this contract:

a. Quality Control Plan (QCP). A suggested outline of components for the Contractor's QCP is in Appendix III

b. Contract Overview Workbook. This assists the COR in overseeing the contract. The contractor shall update this workbook monthly and submit it to the COR along with monthly invoices. A template is provided in Appendix IV. It includes tabs for Security, Quality Control Inspector, Contractor Representatives, Emergency Contacts, etc:

i. Contractor Quality Control Inspector. List of Quality Control Inspector(s) and contact information.

ii. Contractor Representatives. List of names of Contractor’s authorized representative(s) and contact information.

iii. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor authorized representatives) to call in case of emergencies.

c. Accident Prevention Plan (APP). See Section C-1.9c for requirements.

d. Certificate of Insurance. See Section C-1.32a.for requirements.

e. Security Requirements. See Section C-1.10 for requirements.

f. Estimated hours to complete each service.

C-1.7 PERMITS AND LICENSES. Any licenses or permits required to perform all aspects, requirements, and work under this contract shall be obtained at the Contractor’s expense. 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’s employees, other than office and clerical personnel, shall be furnished with 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 thirty

(30) calendar days after notice of award of the contract. A hat with the Contractor’s company logo may also be worn. Any employee hired thirty (30) calendar days after award of the Contract shall be in the required uniform within fourteen (14) calendar days of the date of hire. Contractor uniforms shall not resemble USACE 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 COR for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the COR. 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. These are to be professionally-made vinyl stick-on magnetic type signs. ‘Homemade’ signs made on a computer or with magic marker or stick-on letters and numbers on cardboard, etc., are not acceptable.

The Contractor may require employees to report in their own vehicles to the Project, but these personal vehicles must be parked at a site designated by the COR. 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 REQUIREMENTS.

a. General. In addition to the requirements included in the provisions of this contract, all work shall comply with the most recent edition of the EM 385-1-1 and all applicable Federal, State, and local laws, ordinances, criteria, rules, and regulations. Where the requirements herein, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern. If there are any standards that require interpretation, submit matters to the appropriate administrative agency for resolution before the commencement of work. Interpretations, variances, and waivers to the EM 385-1-1 can only be authorized by the Chief of Safety and Occupational Health, U.S. Army Corps of Engineers, Headquarters.

The latest version of the EM 385-1-1 is available online at:

(https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/)

If the Contractor fails or refuses to promptly comply with the safety requirements as specified herein, the KO may issue a stop work order for all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work 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 work not performed as a result of the stop order.

For the safety of all personnel and the public, the Contractor shall staff an on-site supervisor/foreman (i.e., daily crew leader) who is fluent in both English and the language(s) spoken by the work crew. The on-site supervisor/foreman must be at the project site at all times when contract work or training is being performed to interpret and translate, as needed, and shall have the authority to develop risk management assessment tools and to sign inspection reports and all other correspondence on behalf of the Contractor.

Language requirements will be implemented consistent with Federal Acquisition Regulation (FAR) 52.236- 13(b)(3) and EM 385-1-1.

b. Safety and Occupational Health (SOH) Program Management. EM 385-1-1, Chapter 2 provides the programmatic guidance for developing, managing, and implementing an SOH program for all contractors performing work activities under a USACE contract. The requirements contained herein highlight some of the major components, but all requirements apply. The Prime Contractor, in coordination with the Site Safety and Health Officer (SSHO), is ultimately responsible for SOH program management, communication, and implementation at their site of work. The Prime Contractor must ensure all employees receive required SOH training prior to the start of work, and that all Contractor employees, to include any subcontractors, comply with the contract and all associated requirements.

c. Accident Prevention Plan (APP). An APP is a SOH plan that documents site-specific policies, responsibilities, and plan and program requirements related to the work activities performed. The APP shall be developed and signed by a Competent Person (CP) and reviewed and approved by the Prime Contractor and Corporate Safety Official.

The APP shall be developed according to EM 385-1-1, paragraph 2-7.b. The Contractor shall complete and submit ENG Form 6293, Accident Prevention Plan (App), to the KO/COR for review and acceptance.

Work shall not begin until the APP has been accepted by the KO/COR.

The completed and USACE-accepted APP shall be readily available onsite and accessible by all onsite https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/ employees. At minimum, a copy of the APP must be posted on the SOH bulletin board, or a notice posted on the board stating the location of the plan.

The SSHO must conduct on-going evaluations and updates of the APP throughout the life of the contract to ensure it is up-to-date and site-specific. Any revisions to the APP shall be reviewed and approved by the Contractor and submitted to the KO/COR for review and acceptance.

d. Risk Management. A risk management assessment tool, such as an Activity Hazard Analysis (AHA), Job Safety Analysis (JSA), or similar risk management assessment tool, shall be developed by the Contractor performing the work for each type of activity the Contractor will perform as part of the Contract. The assessment shall be developed by a CP, and shall identify the job steps, specific anticipated hazards, site conditions, equipment, materials, personnel, and the control measures to be implemented to control the hazards based on the current site conditions. A risk assessment code must be assigned to each job step and the overall activity to identify the residual risk that remains after the controls have been applied.

These risk assessments shall be developed according to EM 385-1-1, paragraph 2-6, or as specified by the KO/COR and local Safety and Occupational Health Office. The Contractor may use ENG Form 6206, Activity Hazard Analysis, to assist with completion of their risk assessments.

Each employee performing the work activity shall review and sign the risk assessment prior to beginning work. A signature log shall be maintained for each risk assessment. Risk assessments shall be readily available onsite and accessible by all onsite employees for the length of the contract.

Risk assessments shall be submitted for review at least 15 working days prior to the start of the activity.

Work shall not begin until the assessments have been accepted by the KO/COR and discussed with all engaged in the activity. If there are changes or updates to a risk assessment that change the initial risk acceptance code that was accepted by the KO/COR, the Contractor shall resubmit for acceptance before proceeding with work.

e. Site Safety and Health Officer (SSHO). The Prime Contractor, in coordination with the SSHO, is ultimately responsible for SOH program management, communication, and implementation at their site of work as specified herein and according to EM 385-1-1 (see paragraph 2-4.b for specific roles and responsibilities). A SSHO shall be designated for all contracts. The SSHO shall be designated in writing by the Prime Contractor’s Corporate Safety Official on ENG Form 6282, Site Safety and Health Officer Designation Letter. The ENG Form 6282 shall be submitted to the KO/COR for review and acceptance for all SSHOs. Work shall not begin until the SSHO has been accepted by the KO/COR. A copy of the USACE-accepted ENG Form 6282 shall be maintained at the site of work.

Based on the scope of work of this contract a Level 3 SSHO shall be designated by the Contractor. The SSHO(s) must meet the qualification/training requirements according to EM 385-1-1, paragraph 2-3.b. The SSHO must be at the site of work whenever work is performed and located so they have full mobility and reasonable access to all major work activities occurring during the shift.

f. Other Designated Personnel. The Contractor shall provide Qualified and/or Competent Persons (QP/CP) according to EM 385-1-1 and all applicable Federal, State, and local laws, ordinances, criteria, rules, and regulations. All QP/CPs shall be designated in writing and shall meet the requirements for the specific activity for which they are designated.

CPs identified in the Contractor’s Government-accepted APP shall be onsite at all times when the work that presents the hazards associated with the competency is being performed.

Certificates of Qualification/Competency shall be provided to the KO/COR for review as part of the applicable AHAs and APP appendices.

g. SOH Inspections. The Contractor Quality Control Inspector and SSHO must conduct and document daily safety inspections of the work sites, material, and equipment. These inspections must be documented on a written log that includes the name of the inspector, date of inspection, areas and operations inspected, identified hazards, recommended corrective actions, responsibility for address, and estimated and actual dates of corrections. The Contractor shall establish a deficiency tracking log/system that lists and monitors outstanding deficiencies until resolved.

h. Accident and Near Miss Reporting. An accident is any unplanned event or series of events that results in death, injury, or illness to personnel, or damage to or loss of equipment or property. A near miss is any potentially serious accident that could have resulted in personal injury, death, or property damage, damage to the environment, or illness but did not occur due to one or more factors. All accidents and near misses shall be reported according to EM 385-1-1, paragraph 2-8.d. Any accident involving a fatality, in-patient hospitalization, amputation, eye loss, or property damage over $600,000 shall be reported to the KO/COR immediately (that is, no later than 8 hours). All other accidents and near misses shall be reported immediately to the KO/COR, but no later than 24 hours. Contractors are responsible for maintaining an Occupational Safety and Health Administration (OSHA) Log of Work-Related Injuries and Illnesses (Form

300) and complying with all reporting and recordkeeping requirements specified in 29 Code of Federal Regulations (CFR) 1904. The Contractor shall assist and cooperate fully with the KO/COR when accident investigation(s) are conducted.

i. Drug-Free Workplace. Contractor employees shall not use or be under the influence of alcohol, narcotics, intoxicants, or similar performance or mind-altering substances. The Contractor shall enforce the drug-free workplace requirements. Immediately remove employees found to be under the influence of or consuming such substances from the site of work.

j. Minimum Personal Protective Equipment. Personal Protective Equipment (PPE) is governed in all areas by the nature of work personnel are performing based on conducted hazard evaluations. AHAs shall detail the PPE to be used that will provide appropriate protection for the work to be performed when required.

All PPE shall be provided by the Contractor and used and maintained in a sanitary and reliable condition whenever the hazard dictates use.

Mandatory PPE, at minimum, shall include long pants, short sleeve shirts, and leather or protective work shoes or boots. Personal Floatation Devices (PFDs) shall be worn at all times when working above or near water in which other fall protection methods do not provide the appropriate protection.

k. Medical and First Aid. Contractors shall arrange for medical facilities and personnel to provide prompt attention to injured employees before starting work. The Government has no responsibility to provide emergency medical treatment.

The Contractor shall provide an effective means of communication that is readily available to all Contractor employees to dial 911 or provide other emergency response access.

When there are two (2) or more Contractor employees at a location, the Contractor shall schedule employees so two (2) certified personnel are on duty to administer First Aid and CPR. Individuals working alone or in remote areas shall be trained in First Aid. Copies of certifications shall be provided to the

KO/COR.

The Contractor shall provide first aid kits for all Projects/contacts where there are less than 100 Contractor employees on a shift and a first aid station nor health clinic is available or the site is not in near proximity (that is, 3-4 minutes) to emergency medical support.

l. Public Safety. 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 COR any potential hazards found by their 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 work areas that are not otherwise open to the public; nor shall the Contractor transport in Contractor work vehicles any persons, except employees, during times the Contractor is on the project performing work.

m. Unforeseen Hazardous Materials. All known hazardous materials will be identified by the Government to the Contractor. If materials that may be hazardous to human health upon disturbance are encountered during the performance of contract work, that portion of the work shall be stopped, and the COR immediately notified.

n. Hazardous Material Exclusion. Notwithstanding any other hazardous material used in this contract, radioactive materials or instruments capable of producing ionizing/non-ionizing radiation, as well as materials which contain asbestos, mercury, polychlorinated biphenyls, disocyanates, lead, or hexavalent chromium are prohibited. The KO, upon written request by the Contractor, may consider exceptions to the use of any of the above excluded materials.

o. Regulatory Inspections. Immediately notify the KO/COR and local Safety and Occupational Health Office of any regulatory inspections (for example, OSHA). Provide the KO/COR and local SOHO with a copy of any citations or reports issued by the inspector and any corrective action responses.

p. Visitors. All visitors must receive a safety brief and be escorted by appropriate site personnel. The Contractor shall maintain an onsite visitor sign-in/out log and accurately account for all authorized visitors that enter the site. All visitors shall wear appropriate PPE; the Contractor shall maintain a stock of common PPE (for example, hard hats, eye protection, ear plugs, and reflective vests, for use by visitors).

q. SOH Bulletin Board. The Contractor shall erect and maintain a SOH bulletin board in a commonly accessed area in clear view of the onsite employees. Where site, duration, or logistics of a Project do not facilitate a bulletin board, an alternate method (for example, binder, digital) may be accepted by the KO/COR. The bulletin board/alternate method shall contain the mandatory contents required by EM 385- 1-1, paragraph 2-8.f(2) and be available for employee and visitor review.

r. Safety Meetings. The Contractor shall conduct and document safety meetings at least once a month for all supervisors and at least once a week for all workers on the project location according to EM 385-1-1, paragraph 2-8.f(4). The Contractor shall invite the KO/COR to all scheduled meetings.

s. The Government reserves the right to require the Contractor to revise and resubmit any documents if they fail to effectively identify the work sequence, specific anticipated hazards, site conditions, equipment, materials, personnel, and the control measures to be implemented.

C-1.10 SECURITY REQUIREMENTS

a. ANTI-TERRORISM/OPERATIONAL SECURITY (AT/OPSEC) per ENG Form 6055, Contract Requirements Package Security Review Cover Sheet.

1. 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., COR, Requiring Activity (RA) representative, or KO (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of USACE installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Department of the Army (DA) security requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete security requirements 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 all security requirements, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The Contractor shall maintain training records as part of their contract files and be prepared to provide copies of security requirements to the COR. 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. Antiterrorism (AT) Level I training: All contract personnel requiring routine access to Army installations, facilities, ad controlled access areas, or requiring network access shall complete initial and annual refresher AT Level 1 awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

3. 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.

The Contractor shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation to the USACE Pittsburgh District Security Office within two (2) weeks prior to onsite work. If any additional individuals are subsequently added to be onsite, their information must be submitted to Security for a background check via the process identified below. The Contractor must submit the Full Name, Date of Birth, and Social Security Number (Appendix VII) for all associated Contractor or subcontractor employees to the USACE Pittsburgh District Security Office. The USACE Pittsburgh District Security Office needs a minimum of 30-day lead time to process Foreign Nationals. Please contact the District’s Security Office directly to obtain submission requirements. The completed Form shall be emailed as password-protected to the USACE Pittsburgh District Security Office, to the following individuals: Ivan Russell, Security Specialist, 412-395-7591, ivan.r.russell@usace.army.mil and Pat Geiger, Security Specialist, 412-395- 7643, walter.p.geiger@usace.army.mil, followed by a new, separate email with the password to the Security Specialists (See Appendix VII AT/OPSEC Information Sheet). The District retains the right to deny any Contractor and subcontractor employee from working on one of its contracts based on final background investigation results. In addition to the employee information required above, the email or FAX) shall contain all the following information:

Company Name Point of contact in case of questions: Name, phone number & email Project Title and Location of project Name of COR

All employees must be approved through the Security Office BEFORE they are permitted to work on site. The approval process may take up to 14 business days so it is imperative to provide the employees information as soon after contract award as possible. All new employees commencing performance on this contract must be vetted through the same requirements stated herein. The District https://jko.jten.mil/ retains the right to deny any Contractor and subcontractor employee from working on one of its contracts based on final background investigation results.

4. Suspicious Activity Reporting training (e.g. iWATCH, Corps Watch, 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.

5. 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 KO to become part of the official contract file.

C-1.11 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged, as well as the public’s property, it shall be reported immediately to the COR. When the damage was caused by Contractor employees, the Contractor must submit a written report of the incident and extent of such damage to the COR, within two (2) business days of occurrence. See also Accident and Near Miss Reporting in Section C-1.9h.

C-1.12 CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contractor employees shall conduct themselves in a proper and courteous manner at all times. Since the majority of work is performed in the presence of the general public, the conduct of all contractor employees is critical and will be closely monitored. Contractor employees shall comply with all provisions of 36 CFR Part 327 and shall obey all posted signs and regulations in the performance of the work under this contract.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or ask their subcontractor to remove the employee whose continued employment is deemed by the COR to be incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. 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. No removal shall reduce the Contractor's obligation to perform all work required under this contract nor be the basis for time extension.

Immediate replacement of the employee shall be made.

b. Combatting Trafficking in Persons. Combatting Trafficking in Persons. The United States has adopted a zero-tolerance policy regarding trafficking in persons. The Contractor is subject to all requirements for combatting Trafficking in Persons under FAR Clause 52.222-50.

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 Government assumes no responsibility for loss, theft, or damage of the property listed above.

C-1.14 SUPERVISION. The Contractor or Contractor Representative(s) shall personally supervise the work and respond to any contract issue that may arise when work is 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 work under the contract.

https://www.e-verify.gov/

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 (QCIs) who shall perform the Contractor's Quality Control Program. All QCIs shall have the authority to determine for the Contractor when work is ready for Government inspection and to make decisions for the Contractor on re-performance of the service when necessary. A QCI shall be appointed for each work crew. For work performed for Emergency and/or After Hours Work, a Contractor Representative or QCI shall be present at the work site.

The COR and Government Inspectors will deal directly with the QCIs 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 COR before work is performed.

The Contractor shall maintain copies of contract work requirements, specifications, and Activity Hazard Analysis at each work site which relate to each employee’s work responsibilities and shall review them to ensure employees’ comprehension of the efforts prior to initiating work.

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 COR. Any of the facilities operated by the Contractor may be inspected by the COR, 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 Entity that issued the citation and the COR. Payment of fines or penalty charges associated with citations issued by Federal, State or local officials will be paid by the Government.

If the citations are issued due to faulty operation or maintenance practices of the Contractor, the KO or COR will deduct the fine from any monies due the Contractor.

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, 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 COR immediately.

C-1.16 CONTRACT DISCREPANCY REPORT (CDR). A CDR will be issued to the Contractor for any failure to perform services. This report will be generated within the Procurement Management Integrated Enterprise Environment (PIEE) and then sent to the Contractor. The CDR describes the discrepancy or defect and will be discussed with the Contractor Representative when it is issued. The Contractor’s written response on the CDR form shall be returned to the COR within twenty-four (24) hours of issuance. The Contractor's response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

The COR will evaluate the Contractor's response and record the corrective action to be taken, which may include the KO making necessary deductions in accordance with the Performance Requirements Summary. Upon finalization of the CDR, the Contractor and the COR must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision or finding, the Contractor may so state, in writing, and request a final decision by the KO. The KO will review all CDR's issued; CDRs will also become a part of the permanent contract file.

C-1.17 MEETINGS. The Contractor or Contractor Representative shall report each workday (Monday-Friday, with the schedule and location determined by the COR) to discuss contract work items. Specific topics of discussion at the morning meetings may include safety considerations, inspections, quality control, performance evaluation meeting, discrepancy or defect, and upcoming work. The COR may alter this reporting schedule, or change the reporting method, time, or place if mutually agreeable between the COR and the Contractor.

C-1.18 QUALITY CONTROL. The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct discrepancies 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 PWS.

b. A method of identifying and correcting discrepancies 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 COR.

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

e. A method of coordinating each work crew’s activities with the COR.

A suggested outline of components for the Contractor's QCP is described in Appendix III. The Contractor may use any or all portions of this template to prepare a QCP. A signed plan, including Contractor specific information, shall be provided to the KO and the COR for review in advance of the pre-work conference. A COR-approved QCP must be in place prior to the start of work. A living document, upon the incorporation of any changes, updated copies of the QCP shall be provided to the KO and COR for review and COR approval.

Failure to provide appropriate Quality Control may result in issuance of a CDR, and/or termination of the contract.

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. The Government will monitor the contract to ensure compliance using a Quality Assurance Surveillance Plan (QASP) but reserves the right to alter the plan at its own discretion. The Government reserves the right to change methods of inspection as deemed necessary.

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 a copy of the findings to the Contractor. Should the Government verification reveal a nonperformance by the Contractor, a CDR may be issued.

A Government employee shall not be considered an Inspector unless identified 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 DISCREPANCIES. If any of the work performed does not conform to contract requirements, the Government may require the Contractor to perform the work again at no cost to the Government. When the defect in work cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Government may, by separate contract or otherwise, perform the work and charge the Contractor any costs incurred by the Government that are directly related to the performance of such work. The actual cost includes, but not limited to, labor costs including benefits, transportation, and materials.

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 COR. 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 ASSETS FOR CONTRACTOR USE.

a. Government Courtesy Area(s). There are no Government courtesy areas provided for this contract.

b. Utilities. The Government will furnish available utilities to perform the specified work. At remote locations the Contractor will be required to transport utilities, such as water, from another on-site source. 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 work specified in this contract.

c. Keys. The Contractor will be provided keys to allow access to certain secure areas and will be held responsible for losses due to the fault or negligence of the Contractor or its employees, including the replacement of any compromised locks resulting from the loss or duplication of keys. Upon contract completion, including any extensions, or termination, the Contractor shall return all Government keys in the same condition as received. Other than reasonable wear and tear, the Contractor is responsible for any damages to the keys or locks.

d. Forms. All DoD 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.

e. Control. The Contractor shall provide internal controls to ensure Government courtesy areas are utilized only for contract purposes.

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 and materials necessary to accomplish all required services. All Contractor furnished tools, equipment, supplies, materials, and vehicles shall meet all applicable Federal, DoD, DA, U.S. Department of Agriculture (USDA), State and local laws or regulations. The Contractor will use recycled-content paper products (toilet paper, paper towels), trash bags, etc. as set forth by the EPA (see link in paragraph C-1.33 below). The Contractor will provide products that comply with applicable specifications in the contract, consistent with FAR 52.223-1, meeting the Bio-Preferred Program requirements set forth by the USDA (e.g., glass cleaner, hand cleaners, and mulch [see link in paragraph C-1.33 below]). A partial list of equipment required by the Contractor is included in each section. The Contractor may be responsible for providing equipment that is not listed in the specifications. The Contractor is forbidden from using plastic mulch (i.e., PE mulch) when fulfilling requirements of this contract. If the Government finds that the Contractor has utilized PE Mulch, the Contractor will be responsible for recovery and disposal, replacing recovered material with a biodegradable mulch at no cost to the Government.

b. Equipment. The Government requires that the Contractor provide adequate equipment to perform the work required within the specified time period for each job. Adequacy of the equipment (e.g., mowing equipment and vehicles) to perform certain repetitive work will be determined prior to award of the contract. All equipment used by the Contractor must meet applicable safety requirements.

c. Service Vehicle. It is the Contractor's responsibility to provide service or work vehicles as necessary. The vehicles must be capable of transporting, to and from job sites on the project, the same number and quantity of employees, equipment, tools, materials, and supplies that could reasonably be transported in a standard size ½-ton truck with a 4' x 8' bed. 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 Contractor shall make available for inspection all service equipment, tools, and samples of supplies the Contractor proposes to use for work under this contract, along with proof of ownership or lease agreement. Such articles shall be made available for inspection within seven

(7) business days after notice from the COR. Only equipment and supplies inspected and approved shall be used for work under this contract. All subsequently procured equipment to be used for work 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, or pilferage to Government property, and all malfunctioning Government equipment to the COR. 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 work sites shall be placed into the custody of the COR for return to the owner if ownership can be established. The Contractor shall inform the COR of any information the Contractor or Contractor’s employees receive about lost and/or found articles from the public.

C-1.25 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, Defense Federal Acquisition Regulation Supplement (DFARS) 222.13 and Department of Labor regulations, 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.