Attachment 1 Statement of Work CTIMR Tucson 70B01C21R00000008 2-12-21.pdf

STATEMENT OF WORK

CBP Tucson Sector Tactical Infrastructure Maintenance and Repair

C.1.0 INTRODUCTION

U.S. Customs and Border Protection (CBP) is the Nation’s primary border security agency and its largest uniformed law enforcement organization. CBP’s mission covers a very broad spectrum of issues, from the apprehension of undocumented border crossers, to collection of almost $50 billion in revenue for the U.S. Treasury. With more than 60,000 employees, CBP’s charge is to keep terrorists and their weapons out of the U.S. while facilitating lawful international travel and trade.

Under the executive direction of U.S. Border Patrol, the Program Management Office Directorate is responsible for developing and implementing construction, engineering and sustainment services for CBP Tactical Infrastructure (TI) assets.

CBP is acquiring contractor services to perform maintenance, repair and improvement services for

TI assets in the Tucson Sector, in the following categories: roads and bridges; fence and gates

(including concertina wire); vegetation control; debris removal; border lighting and electrical;

drainage and grate systems; and tunnel remediation. These services will be required for CBP’s tactical infrastructure (TI) assets within the Tucson Sector in Arizona.

This Indefinite Delivery Indefinite Quantity (IDIQ) contract contains a ceiling price that is not to be exceeded. All priced line items, as well as line item ceiling prices can be found in Schedule B of each task order. The IDIQ Ceiling Price can be found in Schedule B of each Task Order

Maintenance:

Work required to preserve TI assets or equipment in such a condition that it may be effectively utilized for its designated purpose.

Work to restore an existing asset to pre-existing condition so that it may be effectively utilized for its designated purpose.

Work that enhances the mission and functional capabilities of an asset through an addition, expansion, or adaptation. Work effort will be confined to the existing TI footprint.

Unscheduled (see below) work that exceeds $750,000.00 per activity will not be executed under this contract.

This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract with two (2) execution tiers: 1-

Scheduled Maintenance, 2 – Unscheduled Maintenance.

C.2.0 ORDERING PERIOD – Twelve (12) month Base Period plus Four, Twelve (12) month option periods..

C.3.0 STATEMENT OF NEED

General. This contract includes all labor, supervision, tools, materials, parts, equipment, transportation, licenses, permits, certifications, and management necessary to perform maintenance and repair services for TI assets in the Tucson Sector. The Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform all services delineated in, and in accordance with Contract requirements within the scope addressed in Section C.4.0. All work shall be performed by properly trained and/or certified personnel.

The Contractor shall provide technical expertise to accomplish the maintenance task order services specifically, performing task order activities for maintaining the TI portfolio within the Tucson

Sector in Arizona. The technical expertise provides support to skilled laborers required to perform maintenance and replacements of roads and bridges, fence and gates (including associated concertina wire), vegetation control, debris removal, border lighting and electrical, and clearing and repairing drainage and grate systems and tunnel remediation.

The Contractor shall ensure effective performance of all services described herein and shall tender for acceptance only those items that conform to the requirements of this SOW. The Contractor shall be capable of handling multiple work activities simultaneously.

Excluded. Architectural and Engineering (AE) services are not within scope of this contract.

Security cameras and associated technology, communications equipment, tower structures and other assets inside the perimeter fencing of tower locations within the TI portfolio are not within scope of this contract.

C.4.0 SCOPE OF SERVICES

Contractor shall provide expert technical solutions and service to maintain: (a) roads and bridges,

(b) fence and gates (including concertina wire), (c) vegetation control and debris removal, (d) border lighting and electrical, (e) clearing and repairing drainage and grate systems, and (e) tunnel remediation.

C.4.1 Scheduled Maintenance. Scheduled maintenance includes requirements that are not defined or categorized as unscheduled. Scheduled requirements can be planned in advance and scheduled at a designated frequency. The annual task orders will include the Scheduled work at firm fixed prices. Scheduled work requirements are then executed from the approved quarterly work plans. The Contractor shall notify the COR in writing no less than 3-days prior to the scheduled service should rescheduling be necessary, proposing a revised schedule to successfully complete the service activity.

Note: The Service Contract Labor Standards labor determinations will apply to the Task Orders for these services.

C.4.2 Unscheduled Maintenance. Unscheduled maintenance activities result from willful destruction, a natural event such as severe weather, or premature failure of the TI asset, and is further defined as a requirement that if unresolved immediately may interrupt or otherwise adversely impact security operations. Examples of unscheduled maintenance requirements include fence breaches, gate failures and blocked grates. Other examples of unscheduled maintenance include repairs following a severe weather event, border and access road washouts, electrical outages, and falling trees blocking roads due to severe winds. The Contractor shall respond immediately to urgent work requirements to support mission requirements. The Contractor shall provide a mobilization response within 30-minutes from notification by the COR. Upon COR approval of the mobilization response, the Contractor shall respond within 24-hours and work continuously without interruption to complete the service call. Within two (2) hours of arriving at the repair site, the Contractor shall notify the COR of the estimated completion time and thereafter notify the COR when the work is completed.

Note: The Davis Bacon Act and/or Service Contract Act wage determinations will apply to the

Task Orders for these services. The COR will notify the Contractor of the applicable wage determination for each project.

Overtime approval process and 40 hour work week. Overtime hours will be in support of unscheduled maintenance only and must be approved by the COR in advance. Fence breach repairs will be performed seven (7) days a week. Contractor shall not exceed 40 hour workweeks unless approved by the COR in advance).

The following are examples of the types of maintenance services the Contactor may perform under this contract. These examples are not all inclusive or restricted in nature and do not constitute relief from exercising professional judgment in the performance of maintenance services.

C.4.3 Roads and Bridges (R&B). There are five (5) categories of roads: FC-1, FC-2, FC-3, FC-

4 and FC-5. Included within roads are also integrated culverts, low water crossings, guardrails, cattle guards, and bridges (including crossovers). The road system is not continuous and will require transporting equipment from site to site to complete maintenance activities. Access roads to TI and towers need inspection after any major natural events (such as heavy rainstorms, earthquakes, floods) at the COR’s direction. See Attachment 3 for more detail.

At a minimum, the scope of work includes:

Regrading, or adding new material to FC-2 and FC-3 roads to facilitate traffic and provide proper drainage.

Performing spot surfacing, patching potholes, deep patching of asphalt surface, skin patching of asphalt surfaces, and patching asphalt berms. The work includes preparing the area, furnishing, hauling, and placing all necessary materials.

Removing and/or clearing vegetation so that roads are drivable.

Furnishing, hauling, and placing erosion resistant materials and protective materials for use on designated locations such as embankments and culvert inlets.

Returning road sections damaged by weather events or excessive use to a serviceable condition.

Adding binding and/or stabilizing agents to roads for dust suppression and road stabilization efforts.

Repairing or replacing damaged safety barriers, guardrails, signs, mirrors, etc.

Inspecting bridge (including crossovers) pavement/ surface material and guardrails as required by applicable references, Attachment 6.

C.4.4 Fence and Gates (F&G). There are three (3) categories of fencing: primary, secondary and tertiary. There are two categories of gates: manual and automatic/mechanized. See

Attachments 1 and 2a-2b for more detail.

There are two general causes of damage to TI assets leading to the need for corrective maintenance: environmental and manmade. Environmental damage to F&G refers to the forces of nature that will act upon the fencing and includes corrosion, erosion, water pooling, sand drifting, debris build-up, wind loading, temperature change (i.e., thermal expansion and contraction cycles that may create cracks) and ground shift and similar events. Manmade damage to F&G refers to vandalism, accidental damage, and cutting, burrowing below, climbing, prying/twisting, disassembly, ramming, ramping/bridging, pulling down, graffiti, cryogenic and fire/heating/burning and similar events.

At a minimum, the scope of work includes:

Fence –

Restore the structural integrity without significantly changing the design

Correct damage caused by burrowing, water, and wind erosion

Correct damage to fence foundations and mitigate erosion

Moving and storing fence panels, as needed, during repair and/or improvement work can be performed and reinstalled by coordinating with the COR.

Abate graffiti

Welding repairs shall be performed by a certified welder

Painting

Repair/ replace damaged/ stolen concertina wire attached to the fencing

Sand Removal caused by the blowing winds

Gates –

Restore structural integrity to pre-existing state, are tamper proof, and do not significantly change the design

Correct damage caused by rodents, vandalism, weather, ramming, burrowing, water, wind, and erosion. Repairs to electrical or electronic components shall be performed by a certified and licensed electrician

A certified welder shall perform welding repairs.

Repair/ replace damaged/ stolen concertina wire attached to gates

C.4.5 Vegetation Control and Debris Removal (V&D). Vegetation control, along the fence, drainage structures and road lines is required to meet the following four (4) objectives:

Eliminate areas in which people can hide;

Maintain line-of-site for law enforcement;

Remove debris that collects on fencing, gates, grates, and drain collectors to prevent damage or flooding.

Removing and/or clearing vegetation so that the roads are drivable.

The general cause of remediation requiring V&D is environmental. Organic debris accumulation is driven largely by weather events such as flashfloods and wind. Inorganic debris is primarily left behind by those attempting to illegally cross the border. The accumulation of debris may also include dead animals and/or other hazardous materials.

The average width of vegetation control is 5ft along road lines and 60ft along International Border

Fence lines or as defined in GIS (Geographic Information System) FITT (Facilities and

Infrastructure Tracking Tool). The Contractor shall also remove debris along the entire length of fence outside the limits of the low water crossings. Debris removal shall include silt build-up, tires, domestic trash, rocks, tires, fallen trees, branches, brush windfalls, dead animals, logs, roots, stumps, stubs, and all other obstructions found within the corridor along the fence line. Should it be necessary to remove a portion of fence in order to remove debris, the Contractor shall construct a temporary fence at the end of each workday, and replace any permanent panels removed during these activities at the end of the task.

At a minimum, the scope of work shall include:

Mowing, removing, and disposing of grass and other vegetation to a minimum height of

4” not-to-exceed 6”. Approved herbicides may be used under certain circumstances

Clearing and grubbing (up to 5ft on either side of roads; up to 60ft along border fencing;

the COR is responsible for verifying all environmental clearances required for determining vegetation clearing areas prior to commencement of work activities; the Contractor is responsible for verifying with the COR that clearances are in place in writing.)

Collecting, removing and disposing of both organic and inorganic material. The

Contractor shall be responsible to find suitable disposal sites that can accept all debris material and document the Contractor Work Plan appropriately. The Contractor shall also maintain proper records for any HAZMAT disposal. While these records are not specified as a deliverable, they will be made available upon request.

C.4.6 Border Lighting and Electrical (L&E). L&E systems encompass components such as ballasts, photocells, transformers, bulbs and utility poles. The utilities are both above and below ground. For the purposes of this contract, the L&E system is restricted to only those components directly associated with illuminating the primary border roads and fencing at night. See Attachment

5 for more detail.

Damage to lighting and electrical systems may be caused by a variety of events such as shooting out of lights, theft of lighting system copper wire, rodents damaging wiring, or poles downed by storms or vehicles.

At a minimum, the scope of work shall include maintenance due to damage and malfunction:

Performing repairs and replacements (e.g., LED lights, bulbs, ballasts, photocells, lens covers, rodent damaged wiring, transformers, etc.).

Repositioning lights to properly illuminate border areas as dictated by operational needs.

Repairs to major electrical or electronic components shall be performed by a certified and licensed electrician and done pursuant to all applicable local, state and federal codes.

In rare circumstances, lighting system measurements and inspections will be required before/after normal business hours, to accurately assess in dark conditions.

C.4.7 Drainage and Grates (D&G). D&G encompass components such as catch basins, culverts and storm drainage grates used for peak water flow mitigation and runoff control/containment, water quality improvement, and flood plain compensation. They can range in size from two-foot (2ft) diameter pipes to tunnels large enough to accommodate trucks. Repairs are required to keep drainage systems operating efficiently. The periodic removal of debris, silt and trash is required to reduce the risk of flooding and to ensure proper functioning. Water flowing at or near the border may be contaminated, at times requiring special hazardous material

(HAZMAT) equipment and procedures and qualified personnel to perform the work in accordance with all applicable local, state and federal codes.

The drainage system gates and grates are subject to frequent vandalism. The most common form of vandalism is cutting the gate or grate with a saw or torch to allow for illicit traffic/activities to pass. Other forms of vandalism occur such as using hydraulic jacks to pry openings in the structure. See Attachment 4 for ancillary detail.

At a minimum, the scope of work shall include repairs related to vandalism and other causes:

Making repairs that restore the structural integrity, and do not change the design without prior COR approval.

Fixing damage caused by water and wind erosion.

Removing and replacing existing culverts and appurtenances with new ones.

Restoring drainage system function by removing debris, silt and other obstacles.

Welding repairs shall be performed by a certified welder.

C.4.8 Tunnel Remediation

Immediately seal tunnel openings at/along border fence zone

Within Roosevelt Easement

Within 60ft of border fence/ international boundary line

Response time to seal tunnel opening

Within 24 hours of notification by COR

Response = Deployment of heavy equipment on-site to seal an opening to impede illicit flow

Technical Specifications to seal an opening:

5000 psi concrete to be used to fill voids ( with 1” rock and High Early additive)

Hardened steel plate bulkhead to be used when appropriate (i.e. interconnecting network), to prevent concrete from entering Mexico

If tunnel opening includes breach of drainage piping, seal operation to include resin liner patch to the drainage pipe

Opening sizes:

Width: 3-5 feet

Height: 2-6 feet

Depth: 3-80 feet below surface

C.5.0 CONTRACT STRUCTURE AND DELIVERABLES

This is an IDIQ contract with two (2) execution tiers: 1-Scheduled Maintenance; 2-Unscheduled or Maintenance ().

C.5.1 Scheduled Maintenance. This work includes all actions to maintain TI assets in satisfactory operating condition by providing scheduled inspections and correction of incipient failures before either they occur or they develop into major defects. The Contractor must provide maintenance on a recurring basis as identified in the maintenance work plan provided during RFP.

The schedule shall be for the entire base period of performance. If the Contractor finds it necessary to reschedule a maintenance activity, the Contractor shall submit a written request to the COR detailing the reasons for the proposed schedule change no less than 3 (three) working days prior to the originally scheduled activity.

Scheduled Maintenance Task Orders will be FFP to include fixed unit prices, plus the fixed co-efficient. (see Paragraph C.5.4).

Upon notice of intent to exercise any options to this contract, the COR and Contractor will review the maintenance schedule and discuss any changes that may be required. Assets requiring scheduled maintenance may be added to or removed from the contract through modification.

C.5.2 Unscheduled Maintenance (Up to $750,000).

This work includes costs to restore an asset to normal operating condition, valued up to

$750,000.00 per activity. Work valued above $2,500 per activity (for work covered by the Service

Contract Labor Standards statute, 41 U.S.C. chapter 67, formerly known as the Service Contract

Act, FAR Subpart 22.10) or $2,000 per activity (for work covered by the Wage Rate Requirements

(Construction) statute, 40 U.S.C. chapter 31, Subchapter IV, formerly known as the Davis Bacon

Act, FAR Subpart 22.4), Unscheduled Maintenance Orders may not exceed $750,000.

C.5.3 Procedures for Unscheduled Maintenance Orders. The Government will issue a request for quotation (RFQ) or proposal (RFP) in the Work Order Form (Contract Attachment #) to the

Contractor for each project, providing a preliminary scope of work, sketches and/or drawings if required, any applicable special considerations, wage determination, and the required completion date. The Government will also include the evaluation criteria in the RFQ/RFP. Firm fixed pricing must be submitted based off of Unit Price Sheet and determined by actual site conditions prior to work. (See Attachment 3 to the IDIQ).

Paragraph 5.3.4 for information on the use of subcontractors and pricing for Task Order work performed by a subcontractor.

The Government and Contractor will manage all Work Orders in the Work Management System

(WMS) in accordance with Appendix A.

Requirement proposal timeline is not to exceed ten workdays.

Urgent requirement proposal timeline shall be expedited to 24 hours.

If a site visit is required, the Contractor shall contact the COR within one (1) workday of receipt of the RFQ/RFP for the purpose of scheduling the visit. During the site visit the Contractor and the COR shall discuss the specifics of the requirement. After the site visit, the Contractor shall prepare a price quotation or proposal, including submittals for approval. New task orders will be issued by the Contracting Officer.

C.5.3.1 The COR, Contractor and CS/CO will establish a mutually agreeable standard email format to be used for issuance of a) RFQ/RFPs (Work Order Form) by the Government, b) submittal of quotes/ proposal by the Contractor, and c) Award notices by the Government. This standard format shall be established during the formal contract Kick-Off meeting and implemented immediately to ensure clear and consistent communications associated with unscheduled maintenance requirements. These specific instructions will be added to the IDIQ as a modification once both parties have agreed to them. See sample email standard, below.

C.5.3.2 The Contractor’s proposal must be supported by necessary documentation to indicate that adequate planning to accomplish the requirement has been performed. Documentation might include catalog cuts, specifications, a preliminary schedule indicating mobilization, submittals, material lead times, performance, phasing, identification of subcontractors, etc. Any unit pricing shall be equal to or less than the unit pricing in Attachment #3 of the contract. The price shall also include the fixed coefficient. What is considered “Urgent” unscheduled maintenance will be defined at COR discretion.

C.5.3.3 Following receipt and evaluation of the Contractor’s proposal, the Government has the option of:

(1) Issuing a task order to the Contractor without negotiations;

(2) Contacting the Contractor to schedule negotiations; or

(3) Not issuing a task order to the Contractor

C.5.3.4 Note the IDIQ clause, 52.219-14, Limitations on Subcontracting, specifies the percentage of the effort that must be performed by the Prime Contractor. Maintenance for labor and material at or above the micro-purchase thresholds (see definition in section C.5.1) that the

Contractor intends to outsource requires providing the subcontractor quotes to the government for review using the agreed upon standard email format. The Contractor shall attempt to obtain a minimum of three written competitive quotes from firms that normally perform or are qualified to perform the work. Subcontractor quotations/proposals shall include the following on the approved Work Order Form:

Description of work

Labor price, broken out by labor categories and hours associated to the Wage

Determination

Material prices

Description of proposed equipment

Price for rental rate of equipment

Overhead

Profit

For unscheduled maintenance work performed by a subcontractor: Should the Contractor subcontract the work, the Contractor must submit a proposal based on the fixed unit pricing, plus coefficient. If the work is not included within the fixed unit prices, the contractor shall compete the work between three companies. The subcontractor proposals will be submitted with the

Contractor’s proposal with a recommendation for the award. The Contractor’s co-efficient will be applied to the chosen subcontractor proposal amount to obtain the full proposed price. (Note:

there are some cost elements in the co-efficient that should not be duplicated in the subcontractor proposal.)

C.5.3.5 Quotations/proposals to an RFQ/RFP where the Contractor intends to self-perform without use of a subcontractor shall include the following:

Description of work

Labor rates by labor category tied to the wage determination

Number of hours per employee, per trade

Hourly fringe benefit rate for the trade performing the job

Material prices

Description of proposed equipment

Price for rental rate of equipment

Sub-total

Contractor’s mark-up

Total price to the Government

C.5.3.6 If maintenance needs to be performed off-site (e.g. taking a motor to a warehouse for refurbishing), the COR’s written approval is required before equipment is removed from site. The

Contractor shall comply with all applicable laws, regulations and requirements regarding over-the-road permits. The Contractor shall obtain all necessary permits required to transport Government-owned equipment to and/or from the repair facility. In the event of damage or wreckage to

Government-owned equipment during transportation, the Contractor shall be liable for the total cost of repairs and/or replacement. The Government will not be liable for any other damage that may occur during transport.

C.5.4 The co-efficient (referred hereafter as “mark-up”) shall be agreed to and applied to the subcontractor’s quote or the prime contractor’s quote to determine the total awarded price for

Maintenance Orders prior to award. The mark-up percentage rate shall be negotiated at time of the IDIQ contract award and remain fixed through the performance period of this contract. The

Contractor’s mark-up contains all additional costs beyond direct costs associated with the maintenance including:

The prime contractor’s overhead, profit, and payment protection required in FAR 52.228-

13 or FAR 52.228-15; Note: payment protection is not required for actions subject to the

Service Contract Act such as all Scheduled Maintenance and some Unscheduled

Maintenance activities.

Risk/liability;

Job planning;

Submittal preparation;

Permits;

Taxes, if applicable;

Utility scoping;

Compliance with safety standards, fire protection, real estate & environmental laws and compliance with security requirements;

Salaries of personnel required to manage the work required by the task order;

Administrative supplies;

Site visits;

Job site supervision;

Material submittals;

Quality control

C.5.5 Certifications and Permits. The Contractor and its employees must possess all certifications that are required by state and local jurisdictions, as well as completion certificates for manufacturer-required training programs to ensure continuous warranty coverage. The

Contractor shall verify and obtain the required certifications, permits, etc. needed prior to the commencement of work.

Permitting and certification for trades performing work under the following categories (e.g.

welder, electrician, and hazardous materials handling/disposal) shall be included in the scope of services:

Fence & Gates (including concertina wire)

Roads & Bridges

Drainage & Grate Systems

Lighting & Electrical Systems

Vegetation Control & Debris Removal

Tunnel Remediation

C.5.6 Contract Deliverables

ITEM SOW

REFERENCE

DELIVERABLE/EVENT DUE DATE

1 C.5.6.1 (para.2) Contractor Management and Oversight/

Status Reviews

Monthly, Quarterly & Annually as determined by COR

2 C.5.6.1 On-site Meetings Within 24 hrs. Of Agency

Notification, or as specified.

3 C.5.6.2 Safety Plan Prior to commencement of work

4 C.5.6.3 Quality Control Plan 30-calendar days from award

5 C.5.6.3 Quality Inspection Records Weekly

6 C.5.6.1 (para.1) Progress Reports Daily Tag Ups

7 C.5.6.6 Post Award Conference/

Kick-Off Meeting

15-business days from award

8 C.13.1 Criminal Check

Information

5-business days from award

9 C.13.2 Background Paperwork 30-calendar days from award

10 C.14 Transition-Out Plan 60-calendar days prior to contract expiration

11 C.14 Transition-Out Report 60-work days prior to contract expiration

12 C.14 Supplemental Report On the day of contract expiration

13 C.5.6.2 Fall Back Plan As directed by COR

14 C.5.6.6 Vehicle Logos &

Employee Badges

At Kickoff Meeting

15 C.5.6.6 Communication Plan At Kickoff Meeting

ITEM SOW

REFERENCE

DELIVERABLE/EVENT DUE DATE

16 C.5.6.6 Mobilization Plan At Kickoff Meeting

17 C.5.6.6 Subcontractor

Management Plan

At Kickoff Meeting

18 C.5.6.6 Estimates for Government

Work Plan

30-calendar days from Kickoff

Meeting

19 C.5.6.6 Schedule for Government

Work Plan

30-calendar days from Kickoff

Meeting

C.5.6.1 Contractor Management and Oversight. The Contractor shall provide centralized administration of all orders placed under the Contract. The Contractor is required to correspond with the COR daily to provide progress reports for ongoing work, and record work activities and progress weekly within the CBP Work Management System (WMS) See Appendix A.

The Government may require status reviews as frequent as on a monthly basis (or more often if necessary) throughout the term of the Contract and/or Order. Reviews shall be held as scheduled by the COR or the Contracting Officer. During these reviews, the Contractor shall report the status of task orders and any outstanding issues concerning the services to the COR or CO. The

Contractor Program Manager (or designated representative upon agreement with the COR) shall be available to engage in on-site meetings, as required, within a 24-hour notification.

C.5.6.2 Safety Plan. The Government will not provide security services for the Contractor; or be responsible for the security of Contractor personnel; however, the Government will notify the

Contractor of any specific known security concerns likely to impact Contractor performance in a given sector or areas within the sectors. Prior to commencing work under this contract, the

Contractor shall develop a Safety Plan for their personnel (including subcontractors, which may include providing security services in order to maintain schedules).

The Contractor’s Safety Plan shall include at a minimum:

1. All maintenance teams shall consist of at least two people.

2. All work shall be conducted during daylight hours, with the exception of urgent requirements, and lighting work which will be coordinated with the COR in advance.

3. The Contractor shall notify the local Border Patrol Station Area of Responsibility (AOR) of their intent to work in their AOR. The COR will provide details of the procedure at the kickoff meeting.

4. Prior to beginning work each day, the Contractor shall check in with the COR and designated government representative to notify them of their presence and to verify if there are any security concerns that the Contractor should be aware of for their safety.

5. Each team will have a Fall Back Plan in the event of threats or as directed by on site Border

Patrol Agents.

6. Each team shall have the ability to communicate with their management at all times.

7. The work areas will be kept clean and safe for all Government and Contractor personnel and employees.

8. Contractor equipment and materials may only be stored in the work site (e.g., predesignated staging areas) with prior approval of the COR.

9. Contractor personnel should independently seek emergency medical treatment and emergency patient transportation services from available resources (i.e., state, county, city or private entities). The Contractor shall pay for medical treatment and patient transportation service of their employees or subcontractors, and for any other person injured as a result of negligence by the Contractor/subcontractor.

C.5.6.3 Quality Control. The Contractor shall submit a Quality Control Plan (QCP) that ensures the services defined in this SOW are carried out with the highest quality possible. If the Contractor chooses to make any changes to the QCP during the contract performance period, such changes shall not be effective until they are submitted in writing to the CO and COR, and the Contractor receives written acceptance by the Government of such changes. The QCP must be provided to the CO and COR in electronic format within 30-calendar days of award.

The Plan shall detail how the Contractor plans to develop and maintain a quality control program to ensure effective, timely and efficient services in accordance with this contract, applicable laws and regulations, appropriate standards, manufacturer recommendations, and commercial practices.

The Contractor’s QCP shall cover the methods, procedures and schedules that will be employed to manage and control quality for all work performed under this contract. The QCP is required to include, at a minimum, procedures for:

1. Communicating with the COR

2. Ensuring Cost controls

3. Conducting Pre and Post work inspections

4. Ensuring Work Management System data accuracy

5. Certifying accuracy with invoicing

The QCP shall also include:

1. Description of the inspection process to be utilized throughout performance, including:

a. Approach of performance inspections by off-site Contractor representatives.

b. Approach of performance inspections by local Contractor representatives.

c. Approach of task order records management.

d. Locations, work categories, activities to be inspected both on a scheduled and unscheduled bases;

e. Frequency of 100% inspections; and

f. Title/Name/contact information and organizational placement of QCIs.

2. Description of the methods to be used to identify, mitigate and further prevent defects in the quality of service to be performed.

3. How the Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective work.

4. How the Contractor shall maintain on-site records of all quality control inspections conducted by Contractor personnel. Quality Inspection Records shall include at a minimum:

• Name of the inspector

• Date of inspection

• Description of what was inspected

• Discrepancies found

• Corrective action taken and,

• Date corrective action was completed

The Contractor shall maintain and make available to the CO and COR weekly (and upon request), the records of inspections throughout the contract period, and for the period after contract completion until final settlement of all claims under this contract.

The quality and timeliness of the Contractor’s performance of the required services will be used to assess overall delivery. The Contractor shall document requests for service and responses. These records shall be available for inspection by the CO and/or COR at all times.

C.5.6.4 Quality Assurance. The Government will continually monitor the Contractor’s performance. All work shall be satisfactorily completed within the agreed upon timeframe once work commences. Failure to satisfactorily complete work within the agreed upon timeframe, and without reasonable cause, could result in non-acceptance of the work, a less than satisfactory performance report, and price reduction as negotiated by the CO dependent upon circumstances.

The COR will make tours and inspections of the areas covered by the contract, with the Contactor whenever possible, to ascertain the level of services being performed. The COR will also inspect information described in the daily progress reports. The Contractor will be informed of less than satisfactory performance within two (2) business days after inspection. Contractor performance will be documented by means of written inspections, customer surveys, and communication records, which will be retained as part of the official contract file.

If disagreements arise regarding the quality levels and/or re-work requirements, the Contracting

Officer will be notified as soon as possible and formal mediation efforts will commence.

Additionally, documentation of the inspections, and determinations of poor quality and re-work will be kept dutifully for CO review.

C.5.6.5 Corrective Actions. Whenever the COR becomes aware of any noncompliance with these requirements or any condition that poses a serious or imminent danger to the health or safety of the public or Government personnel, the COR shall notify the CO in writing and the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required.

After receiving the notice, the Contractor shall immediately take corrective action. If the

Contractor fails or refuses to promptly take correction action, the CO may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

C.5.6.6 Post Award Conference/ Kick-Off Meeting. The Contractor shall attend a Post Award

Conference conducted by the Contracting Officer’s Representative and other Government officials no later than 15 business days after the contract award. The purpose of the Post Award

Conference, chaired by the Contracting Officer’s Representative, shall be to discuss technical and contracting objectives and all requirements outlined in the Contract and include the following:

• Sample of Vehicle Logos & Employee Badges (+ subs) (See C. 9.0, below)

• Safety & Security Plans - (E-Verify/Pre-Screening)

• Quality Control Plan

• Communication Plan

• Mobilization Plan

• Establish daily tag up meetings with COR

• Sample of reporting format

• Non-Disclosure Agreements (NDAs) for all employees and subcontractor personnel who perform work on the contract (including 2nd/3rd tier subs)

• Subcontracting Management Plan (if updates required)

• Estimates for Government Work Plan (GWP)

• Schedule of GWP work activity

• Set date for contractor WMS training

C.6.0 CONTRACTOR PERSONNEL

C.6.1 Qualified Personnel. The Contractor shall provide qualified personnel to perform all requirements specified in each Task Order Statement of Work in accordance with the labor categories of the schedule. The Contractor will provide qualifications to the CO and COR.

C.6.2 Key Personnel. The Contractor shall designate specific senior level professional, technical, quality control, safety, and managerial personnel as key personnel who are essential to the successful performance of work under awarded Task Orders. Key Personnel shall be identified in quotes and shall be available for full-time assignment, as necessary to efficiently manage and perform the work of the contract, and shall be available on the effective date of task order award.

Quality Control and Safety roles can be performed by the same person.

Qualification Standards o Program Manager will have a minimum of 10 years’ experience as a Civil

Engineer and Program Manager.

o Quality Control and Safety Managers will have at least 8 years’ experience in quality control processes and safety programs.

C.6.3 Program Manager. The Contactor shall provide a Program Manager who shall be responsible for all Contractor work performed. The Program Manager shall be a single point of contact for the Contracting Officer and the COR. The Contractor’s designated Program Manager shall be a senior level employee provided for this work effort. Program Manager Position is designated as Key Personnel, by the Government pursuant to HSAR 3052.215-70 Key Personnel of Facilities. It is understood the Contractor shall not replace the Program Manager without prior acknowledgement and approval from the Contracting Officer, and notification of a suitable replacement. The Contractor shall notify the CO in writing no less than 30-calendar days from date of replacement who meets the qualifications set forth above.

C.6.4 Conflict of Interest. It is in the best interest of the Government to avoid situations which might create an organizational conflict of interest or where the Contractor’s performance of work under the contract may provide the Contractor with an unfair competitive advantage. The term

“organizational conflict of interest” means that because of other activities or relationships with other persons, a person is unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or the person has an unfair competitive advantage. The Contractor shall immediately alert the

Government of any potential or perceived conflict of interest and submit a resolution or mitigation plan for discussion with the Government.

C.7.0 PERIOOD AND PLACE OF PERFORMANCE

Period of Performance will be a base period of one (1) year and four (4), one (1) year options.

The place of performance for this Contract shall include areas within Tucson Sector in Work Area

2 in Arizona. CBP’s office location for meetings with the CO/COR is 2430 South Swan Tucson, AZ 85711. CBP will direct the Contractor to other CBP locations as required.

C.8.0 TRAVEL

The Contractor may be required to periodically travel to CBP official project management review meetings. The Contractor shall be responsible for obtaining written approval from the

COR (electronic mail is acceptable) for all reimbursable travel in advance of each travel event.

Upon approval of travel expenses, a task order shall be issued to provide reimbursement. Travel reimbursement is subject to the Federal Travel Regulation rates.

https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr

C.9.0 SPECIAL CONDITIONS

https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr

The Government will not provide office space for TI Maintenance Contractor employees, nor will the Contractor be provided space to store materials or equipment. The COR may provide approved locations for mobilization and material laydown yards for maintenance execution.

Each Contractor vehicle shall bear signage identifying the Contractor organization and the signage shall be readily visible from outside the cab. The Sector may require additional identification for vehicles such as window stickers. In addition to vehicle signage, all Contractor personnel must wear company issued hats, protective gear and vests that will visibly identify them from afar as authorized personnel. Contractor personnel are also expected to wear identification badges that will allow the Border Patrol agents to positively verify they are Contractor employees.

The Government will not provide government furnished property for this contract.

C.9.1 TOHONO O’ODHAM NATION (TON) The Contractor is required to provide a) flagging of archeological sites, and b) cultural monitors while executing road sustainment activities on the TON.

C.9.1.1 Flagging of Archeological Sites. Work will consist of flagging archaeological sites along the border road and northern all weather road to ensure that all Best Management Practices

(BMPs) are implemented. This flagging will stay slightly ahead of the work crew and will coincide with the actual M and R work such that the time sites are flagged in the field can be minimized. Flagging will be removed when no longer required to protect sites in a particular road segment. The Contractor shall work with CBP to coordinate with Peter Steere, Tribal

Historic Preservation Officer, and Ralph Castillo, CBP Tribal Liaison in the execution of this flagging task.

C.9.1.2 Cultural Monitoring. Work will consist of identifying and avoiding cultural resources along the border and ensuring that all Best Management Practices (BMPs) are implemented. The monitor shall physically be present during all ground disturbance activities (i.e., blading, compacting, etc.). The monitor will immediately notify the maintenance crew of any BMP infractions and will request the infraction be corrected. All BMP infractions will be reported to the COR.

The Contractor will provide daily reports of the monitoring observations to CBP. The daily monitoring reports will be due each day following the monitoring activity. The daily reports shall include GPS locations of the monitoring locations and pictures of the work being performed. The reports will provide information on any BMP infractions and the corrective action taken to resolve them. Upon completion of all monitoring, the contractor shall submit a summary monitoring report that includes a compilation of all daily reports.

C.9.1.3 Tribal Employment Rights Ordinance (TERO). TERO stands for Tribal Employment

Rights Ordinance or Office. TERO Ordinances require that all employers who are engaged in operating a business on reservations give preference to qualified Indians in all aspects of employment, contracting and other business activities. TERO Offices were established and empowered to monitor and enforce the requirements of the tribal employment rights ordinance.

The primary purpose of the TERO program is to enforce tribally enacted Indian Preference law to insure that Indian/Alaska Native people gain their rightful share to employment, training, contracting, subcontracting, and business opportunities on and near reservations and native villages.

All covered employers operating a business within tribal/village jurisdiction are required to provide Indian and Native preference in employment, training, contracting, sub-contracting and in all other aspects of employment. Below are several specific examples employers are required to comply with:

Submit an acceptable compliance plan detailing the steps they will take to ensure compliance with the TERO requirements. Note: TERO compliance plans are closely fashioned after those used by OFCCP for affirmative action compliance.

Utilize the TERO skills bank for all referrals and consider Indian/ Native applicants before interviewing or hiring non-Indian/ Natives.

Agree to hire no less than a specific number of Indians/ Natives in each job classification and cooperate (where feasible) with tribal training programs to hire a certain number of trainees.

Eliminate all extraneous job qualification criteria or personnel requirements which may act as barriers to Indian/ Native employment. EEOC guidelines on legal BFOQs are used by TEROs.

Agree to acknowledge and respect tribal religious beliefs and cultural differences and to cooperate with TERO to provide reasonable accommodations.

All contractors claiming preference must file for certification as Indian owned businesses.

This is not an exclusive list of requirements. The Contractor is required to comply with all applicable TERO requirements. Please see the Council for Tribal Employment Rights website for more information about TERO requirements:

http://www.councilfortribalemploymentrights.org/tero-faq/

C.10 SITE CLEAN-UP

The Contractor shall clean up all debris/trash that is generated as a result of work performed. The work area shall be kept clean on a daily basis for the proper completion of all work. All debris/trash shall be removed and lawfully disposed of in a proper manner. Any hazardous or toxic materials created from each project shall be properly removed and disposed of in a legal manner and meeting all applicable codes and requirements, so as not to harm the environment. The Contractor shall maintain proper records of HAZMAT/toxic materials. Equipment and materials may only be stored in the work site (e.g., along TI roads) with prior approval of the COR.

C.11 APPLICABLE REGULATIONS AND STANDARDS

The Contractor shall comply with the most recent applicable local, State, Federal, International

Boundary and Water Commission (IBWC) and Native American Nation standards, policies, codes, regulations, statutes, and other requirements while executing the SOW requirements. See

Attachment 6 for relevant guiding regulations and standards.

http://www.councilfortribalemploymentrights.org/tero-faq/

Environmental Compliance

The Contractor shall comply with the requirements of the applicable Federal, State, local and

Tribal laws or regulations, including the National Environmental Policy Act and NEPA National

Historic Preservation Act. The Contractor shall provide cultural monitors at the COR’s direction.

C.12 HOURS OF OPERATION

Work schedule shall be performed as determined by the Quarterly Work Plan requirements and

COR.

The Contractor shall be available to support all work under this contract five (5) days a week during normal business (daylight) hours, after hours for certain lighting work, and on weekends/holidays after hours as required by the COR for requested urgent services throughout the duration of the contract. 24-hour availability is required. The Contractor shall provide a prime, two alternate contacts, and a schedule, for responding to, and implementing after hour work.

C.13 BACKGROUND INVESTIGATION (BI) CLEARANCE

The following security screening requirements apply to both U. S. citizens and lawful permanent residents who are hired as Contractor’s employees. All personnel employed by the Contractor or responsible to the Contractor for the access and management of data within the Work Management

System (WMS) shall be able to favorably pass a CBP Background Investigation (BI). Additionally, all personnel employed by the Contractor or responsible to the Contractor for performance of work under this contract shall be able to favorably pass a general CBP criminal background check.

C.13.1 Criminal Background Check for general work performance. The Contractor shall submit within five (5) business days after award the full names, dates of birth, Social Security Card and driver’s license copies for all personnel performing work under this contract so that the CBP criminal security checks can be promptly executed. The Contractor’s employees shall not begin working under the contract until a favorable criminal background check is completed and acknowledgement of favorable clearance is received from the COR. Generally speaking, turnaround on the criminal background check process is one (1) week.

C.13.2 Background Investigation for System Access. Access to the WMS system requires access into the CBP network. To obtain that access, the end-user must have a favorable CBP

BI. All personnel accessing the Work Management System (WMS) shall have a favorable CBP

BI completed, Government issued Personal Identity Verification (PIV) badge and a PIV card reader issued to them by CBP.

The Contractor shall submit to the CBP COR or designated authority, all of the required background investigation documents for any personnel that will access and/or manage data within

WMS within thirty (30) calendar days of the contract award. Background investigation documents required include:

1. Form 77, Contractor Employee Initial Background Investigation

2. Form 78, Background Investigation Requirements Determination (BIRD)

3. Form 347, Personal Identity Verification (PIV) Card Request for Contractors

4. Form 11000-6, Non-Disclosure Agreement (NDA)

5. SF-87 Fingerprint cards

No exceptions to this requirement shall be permitted, except in an emergency and as approved by the COR. The Contractor’s failure to meet the requirement to provide cleared personnel (favorable criminal check or BI) may be grounds for termination of the contract,…