B.01.01. Combined Synopsis and Solicitation – W912DQ24Q1072.pdf

SEE ADDENDUM

(No Collect Calls)

W912DQ24Q1072 20-Aug-2024

b. TELEPHONE NUMBER

816-3893566

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 18 Sep 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DQ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SETH BALSTERS

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, KANSAS CITY +

FEDERAL BLDG, CT-C +

601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

816-389-2029/2030FAX:

TEL: 816-389-3812 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,500,000

NAICS:

561730

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF62

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912DQ24Q1072

Section A - Solicitation/Contract Form

COMBINED SYNOPSIS/SOLICITATION

COMBINED SYNOPSIS/SOLICITATION

This combined synopsis/solicitation will establish multiple Master Blanket Purchase Agreements (BPA) for Land and Grounds Maintenance Services in Support of Southwest Missouri Operations Division Projects for the U.S.

Army Corps of Engineers (USACE), Kansas City District (NWK). Thoughout the 5-year Master BPA agreement, individual Task Order Contracts will be ordered against them as BPA Calls. Each Call will be solicited as a Request for Quote (RFQ) among all contractors that establish a Master BPA.

A total of 10 Blanket Purchase Agreements are being planned for award.

Please use the price lists found in Section J Attachments.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Government reserves the right to cancel this combined synopsis/solicitation at any time.

The solicitation number for this acquisition is W912DQ24Q1072 and it is being issued as a Request for Quote

(RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-05.

This RFQ shall be competed as a 100% Total Small Business Set-Aside.

The associated North American Industry Classification System (NAICS) code is 561730 – Landscaping Services with an SBA size standard of $9,500,000.00.

The Product/Service Code is S208 Landscaping/Groundskeeping.

Place of Contract Performance: Harry S. Truman Lake Project, Warsaw MO Stockton Lake Project, Stockton MO Pomme de Terre Lake Project, Hermitage MO

Instructions to Offerors is located in Section L of this combined synopsis/solicitation.

Attachments are located in Section J of this combined synopsis/ solicitation.

OFFERORS MUST SUBMIT A PRICE LIST. Please use the one found in Section J Attachments. A total of 10 Blanket Purchase Agreements are planned to be awarded. Prices should be updated annually and remain good for a period of a year. Award will be made to the offerors providing the best value. Any questions regarding this synopsis/solicitation must be submitted by e-mail to seth.b.balsters@usace.army.mil.

To be considered for award, all prospective contractors MUST be registered in the System for Award Management (SAM) website or https://www.sam.gov/SAM/.

If you are interested in submitting a quote for the following services with the Army Corps of Engineers, Kansas City District, make sure you are registered in SAMS and include a current price list that is valid until the end of the calendar year. When this information is received, and your pricelist is found to be fair and reasonable to the Government, a Master BPA Agreement will be made with your organization and sent over for signature and approval. The total ordering capacity is shared amoung all Master BPA holders and shall not exceed $5,000,000.00 and no call issued under any of the BPAs shall exceed $250,000.00. Each Master BPA shall be valid for a period of five years or when the total dollar amount of all calls issued under all Master BPA’s reaches $5,000,000.00, whichever comes first.

Far 52.212-2, Evaluation - Commercial Products and Commercial Services, does apply to this acquisition with no addenda to the provision and is located in Section M of this combined synopsis/solicitation.

FAR 52.212-3, Offeror Representations and Certifications -- Commercial Products and Commercial Services, does apply to this acquisition with no addenda to the provision, and is located in Section K of this combined synopsis/solicitation.

FAR 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services, does apply to this acquisition with no addenda to the provision. These specific clauses required are located in Section I of this combined synopsis/solicitation.

FAR 52.212-5, Contract Terms and Conditions - Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services, applies to this acquisition. These specific clauses required are located in Section I of this combined synopsis/solicitation.

The prospective awardee shall be registered and active in https://sam.gov/ for their System Award Management

(SAM).

PLEASE NOTE: SAM.GOV procedures have been changed as of 8 November 2019. Interested vendors must go to SAM.gov to register in SAM and to review current notices or announcements.

Contractors may obtain information on registration and annual confirmation requirements via the Internet at https://sam.gov/ or by calling (866) 606-8220.

The System for Award Management (SAM) is a Federal Government owned and operated free web site. If you are a small business needing assistance with registering or help with navigating through the website you may contact the Association for Procurement Technical Assistance Centers for help with actions such as SAM.gov registration.

If you have questions about Government procurements in general or need assistance in the preparation of your quote, a local APEX Accelerators (formerly Procurement Technical Assistance Center (PTAC)) is able to help.

These APEX Accelerators were authorized by Congress in 1985 as an effort to expand the number of businesses participating in the Government marketplace. To locate an APEX Accelerator near you, go to https://www.apexaccelerators.us/#/.

(End)

Section B - Supplies or Services and Prices

TERMS AND CONDITIONS:

In accordance with the Federal Acquisition Regulation (FAR) 13.303-3(a), the following terms and conditions are mandatory:

A. Description of Agreement: The Contractor shall furnish any/all supplies/services listed in the Price List of this agreement if and when requested by a Contracting Officer (or the authorized representative of the Contracting Officer) for calls placed within five years after the establishment of this BPA for an aggregate shared amount not to exceed five million dollars ($5,000,000.00).

B. Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under this BPA.

C. Purchase Limitation: No individual call placed under this BPA shall exceed two hundred fifty thousand dollars ($250,000.00). All calls under this BPA will only be competed amongst other Master BPA holders.

D. Individuals Authorized to Purchase under the BPA: The individuals authorized to purchase under this BPA are all Warranted Contracting Officers within the USACE Kansas City District. All locations that are within the U.S. Army Corps of Engineers (USACE), Kansas City District are able to receive delivery off of this BPA agreement.

E. Delivery Tickets: All supplies/services under this agreement shall be accompanied by delivery tickets or sales slips that shall contain the following information:

I. Name of Contractor II. BPA Number III. Date of Purchase IV. Purchase Number V. Itemized List of Supplies or Services Furnished VI. Quantity, Unit Price, and Extension of each item, less applicable discounts (unit prices and extension need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information) VII. Date of Delivery or Shipment, and the Delivery Address.

F. Invoices: A summary invoice shall be submitted at least monthly or upon expiration of the BPA call, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets. These invoices shall be submitted to the payment office listed in block 18a of the SF 1449 as well as the field office listed in block 15 of the SF 1449 from the location in which it was delivered. A point of contact for the field office will be given at the time each call is awarded.

G. Delivery Charges: Delivery charges will be determined at the time of call based on each individual delivery location.

H. Calls will be competed on the basis of price of services ordered and transportation cost of material/services from the load site to the work site.

Shared BPA Master Dollar Limit: $5,000,000.00 BPA Call Limit: $250,000.00 Period of Performance: Shall not exceed 5 years.

(End)

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

SECTION 1: GENERAL

1.1. PROJECT INFORMATION: Truman Reservoir is the largest flood control reservoir in Missouri, with a storage capacity of more than 5 million acre-feet (an acre-foot = 325,000 gal.). Recreational development is extensive.

Twenty parks and access areas, managed by or leased from the U.S. Army Corps of Engineers, are conveniently located around the reservoir. Park areas at Truman Reservoir offer a wide variety of recreation facilities including boat launching ramps, campgrounds, full-service marinas, picnic areas, sand swimming beaches, and a regional visitor center. Many routine maintenance items are contracted to the private sector. Mowing, land maintenance activities, refuse collection, and facility cleanup are just a few of the activities that are performed by private contractors for the Corps.

1.2. PROJECT INFORMATION: Stockton Lake is a flood control reservoir located on the Sac River in southwest Missouri, tucked into the foothills of the scenic Ozark Mountain range. The lake spans three county boundaries:

Cedar, Dade, and Polk. It is approximately 50 miles northwest of the metropolitan area of Springfield, Missouri, and approximately 130 miles south of Kansas City, MO. Stockton Lake provides flood protection for downstream areas and is part of a network of Corps of Engineer Lakes that help control flooding in the Missouri and Mississippi River basins. Stockton Lake encompasses approximately 25,000 acres of surface water. Federal land surrounding Stockton Lake totals 36,047 acres, of which 16,572 acres are leased to the Missouri Department of Conservation (MDC) for management. Land management practices used by the Corps of Engineers and MDC are engineered to preserve their natural value, providing benefits to the nation in areas of flood damage reduction, recreation, fish and wildlife management, hydroelectric power, and water quality improvements. There are Twelve (12) Park areas located around the reservoir that include roads, utility systems, campsites, beaches, boat ramps, picnic grounds, and playground areas.

In addition, the Corps also maintains active lease agreements with public and private entities. The lessees provide a full range of marina services, restaurants, and camping to the public. Many routine maintenance items contracted to the private sector include mowing, land maintenance activities, refuse collection, facility cleaning, and park attendant are just a few of the activities that are for the Corps.

1.3. PROJECT INFORMATION: Pomme de Terre is nestled amidst the rolling hills of the Missouri Ozarks, Pomme de Terre Lake serves as a vital flood control reservoir on the Pomme de Terre River. Spanning across Hickory and Polk counties, the lake lies roughly 60 miles north of Springfield, Missouri. While offering breathtaking scenery, Pomme de Terre Lake plays a crucial role in safeguarding downstream areas from flooding. It forms part of a network of lakes managed by the Corps of Engineers, collectively mitigating flood risks in the Missouri and Mississippi River basins. Beyond its primary function, the lake also boasts a wealth of recreational opportunities. Thirteen recreation areas surround the waterbody, including eight campgrounds, four marinas, and over 10,000 acres of wildlife habitat.

At its maximum capacity, Pomme de Terre Lake covers an impressive 7,820 acres. Six campgrounds managed by the Corps of Engineers, alongside two additional day-use areas, offer a total of 318 campsites. These well-equipped parks provide everything from convenient roads and utilities to scenic beaches, boat ramps, picnic areas, and playgrounds, ensuring a comfortable and enjoyable experience for visitors. The Corps of Engineers partners with private companies to provide additional services at Pomme de Terre Lake, such as mowing lawns, boundary maintenance, collecting garbage, cleaning facilities, and staffing park entrances. This ensures a pleasant experience for visitors while the Corps maintains oversight through contract management and inspections.

1.4. 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 land maintenance services within the Kansas City District as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Appendices, etc., contained herein or incorporated by reference.

1.5. MASTER BLANKET PURCHASE AGREEMENT: It is emphasized that the work described in this Master Blanket Purchase Agreement (BPA) (going forward will be known as the “agreement”) is a critical part of the USACE mission. The work described will be performed in public recreation areas. USACE is committed to "Customer Care" and providing quality professional service.

1.5.1. BPA CALLS: All work under this agreement will be ordered by issuance of individual BPA Calls (SF 1449) (going forward will be known as “BPA Calls” or “contracts”). No work shall be performed under this agreement before an individual BPA Call has been issued by the Contracting Officer. Under normal conditions, a BPA Call will be issued that require a response within 72 hours after receipt. The BPA Call will list those items from the schedule outlined in the agreement that are to be performed, include funding for the ordered work, state the period of performance covered and provide invoicing instructions. Only the Contracting Officer, by issuance of a modification, may make any change to a BPA Call.

1.5.1.1. Upon contract award of a BPA Call, 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 Government will establish a file for each new BPA Call. Contractors shall access PIEE for Contracting Officer’s Representative (COR) Designation Letters and other documents associated with the agreement and BPA Call administration.

1.5.1.2. The weekly/bi-weekly/monthly schedule will be discussed at the pre-work meeting. The Contractor will provide a formal schedule for review and approval by the COR within three (3) business days, as needed per BPA Call.

1.5.1.3. All invoices are to be submitted to the 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.

1.5.1.4. The Government pays only for those services performed and accepted.

1.5.1.5. If needed, after final payment has been made for services received on a BPA Call, a USACE representative will send an email notification with information addressing service(s) not used during the performance period.

Subsequently, a bilateral modification will be issued by the Contracting Officer to de-obligate funds for services not used and to reflect the services received by the Government.

1.5.1.6. DISTRIBUTION: The Contractor will provide the site foreman with a copy of the agreement and BPA Call (Performance Work Statement and Attachments / Appendices / Maps) and site supervisors with their pertinent section of the contract to ensure complete and thorough service to the Government. Documents shall be on site when work is being performed.

1.6. DEFINITIONS: As used throughout this description/specification, the following terms shall have the meaning set forth below:

1.6.1. COMPLETION DATE: The date by which all work must be completed.

1.6.2. CONTRACTOR: The Contractor is the entity responsible for complying with the terms and conditions.

1.6.3. CONTRACTOR QUALITY CONTROL MANAGER (CQCM): Person designated by the Contractor to perform oversight of the Contractor's Quality Control Plan. A QCM shall be responsible for implementing the Contractor Accident Prevention Plan and Quality Control Plan and shall have the authority to determine for the Contractor if work is ready for government inspection and make decisions for the Contractor on re-performance.

1.6.4. CONTRACTOR REPRESENTATIVE (CR): Individual(s) selected to represent the interests of the Contractor with regards to all matters and activities involving this contract. Responsible for safety.

1.6.5. CONTRACTING OFFICER (KO): A person with the authority to enter, administer, and/or terminate contracts for the Government, and make related determinations and findings. The term includes certain authorized representatives of the KO that must act within the limits of their authority as delegated by the KO.

1.6.6. CONTRACTING OFFICER’S REPRESENTATIVE (COR): Individual designated and authorized in writing by the KO to perform specific technical or administrative functions.

1.6.7. DRIPLINE: The dripline is defined as the outside edge of the tree's leaf cover.

1.6.8. MOST CURRENT EM 385-1-1. Corps of Engineers Safety and Health Requirements Manual, located on the web at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

1.6.9. FALLEN TREES: Trees that have fallen, are susceptible to falling, or that create a safety hazard.

1.6.10. GARBAGE: Unwanted or useless material, animal and vegetable waste, including grease, resulting from the handling, preparation, cooking and consumption of food.

1.6.11. INSPECTOR: Individual designated by the COR to perform Quality Assurance.

1.6.12. MISCELLANEOUS WASTE: Miscellaneous waste includes grass and vegetation cuttings, leaves, rocks, street sweepings, roofing and construction wastes, automobile and truck parts, the remains of broken or destroyed items, and similar materials 2 square inches or smaller; and driftwood, tree trimmings, and sticks shorter than 18 inches and 1 inch or less in diameter.

1.6.13. MOWING: Mowing is defined as the cutting of grass, weeds, vines, or other vegetation, with reel and rotary lawn mowers, gang mowers, or bush hogs.

1.6.14. MOWING CYCLE: A mowing cycle is defined as the performance of all mowing and trimming within all areas ordered within the period defined from the date ordered, excluding weekends or holidays.

1.6.15. OUTSIDE TOP EDGE OF DITCHLINE: Elevation of road surface transferred to hillside of ditch.

1.6.16. PLANTS: All ornamental trees, shrubs, flowers, and ground covers on the project.

1.6.17. POLICING: The picking up of trash, debris, drift, ashes, garbage, and miscellaneous waste, and disposing of the same in accordance with contract specifications.

1.6.18. PROJECT: All land and water resources that are managed by USACE and/or leased by USACE to other federal, state, or local agencies. Lands include both developed parks and undeveloped lands, and all water resources from the dam to the headwaters, unless otherwise defined by Congress.

1.6.19. QUALITY ASSURANCE: A method used by the Government to provide a measure of control over the quality of services provided by the Contractor.

1.6.20. QUALITY CONTROL: A method used by the Contractor to control the quality of services he/she provides for the Government.

1.6.21. RECREATION SEASON: Time period when the recreation areas are open.

1.6.22. RESOURCE MANAGER: A uniformed individual designated responsibility for overseeing the general operation, maintenance, and administration of the project.

1.6.23. STUMP: The remaining base after a tree has been felled or fallen, not to exceed 1 foot in height.

1.6.24. TRASH: A variety of unsalvageable waste material such as metal, glass, rags, tin cans, rubbish, plastic bottles, paper, wrappings, containers, cartons, and similar material.

1.6.25. TRIMMING: Trimming is defined as the cutting of grass, weeds, vines, or other vegetation at locations which are not accessible to mowing by conventional mowing machines, and therefore requires specialized cutting with hand or string trimmers, sickles, sling blades, or mechanical hedgers. COR may approve herbicide application in leu of trimming all features.

1.6.26. HERBICIDE APPLICATION IN LIEU OF TRIMMING: Controlling the growth of vegetation immediately around obstacles. Vegetation shall not be killed more than 6 inches around any item. Herbicide Application in lieu of trimming shall not be used in high traffic areas such as around buildings, shelters, playgrounds, alongside sidewalks, etc. Herbicide Application in lieu of trimming shall not be used without prior approval by the Government. Contractor must possess a Commercial Applicator’s License.

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

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

1.7.2. CONTRACTOR REPRESENTATIVES: List of names of Contractor’s authorized representative(s) and contact information.

1.7.3. EMERGENCY CONTACTS: A prioritized list, including phone numbers, of those persons (normally Contractor authorized representatives) to call in case of emergencies.

1.7.4. ACCIDENT PREVENTION PLAN (APP): See section 1.8.2. A suggested outline for the Contractor’s Accident Prevention Plan is in Appendix C.

1.7.5. SECURITY REQUIREMENTS: See Section 1.8.10.

1.7.6. CERTIFICATE OF INSURANCE: See Section 1.9.

1.7.7. COMMERCIAL APPLICATOR LICENSE: When providing application services.

1.7.8. Manhours to complete each service shall be indicated on each invoice.

1.8. 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.

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

1.8.1.1. An inspection system covering all the services stated in the contract Performance Work Statement.

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

1.8.1.3. 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.

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

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

1.8.2. A suggested outline of components for the Contractor's QCP is described in Appendix B. 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 Contracting Officer 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 Contracting Officer and COR for review and COR approval.

1.8.3. Failure to provide appropriate Quality Control may result in issuance of a Contractor Deficiency Report (CDR), and/or termination of the contract.

1.8.4. See Appendix B for an ABBREVIATED QUALITY CONTROL PLAN.

1.9. QUALITY ASSURANCE: The Government will monitor the Contractor's performance in each functional area under a contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. The Government will monitor the contract to ensure compliance with all contract terms and conditions.

The Government reserves the right to change methods of inspection as deemed necessary.

1.9.1. 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.

1.9.2. 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 Contracting Officer, nor shall the presence or absence of an Inspector relieve the Contractor from any requirements of the contract.

1.9.3. 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.

1.9.4. CONTRACT DISCREPANCY REPORT (CDR): A DD Form 2772, Contract Discrepancy Report, will be issued to the Contractor for any failure to perform services. 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 provided within 24 hours of issuance. The Contractor's response must:

1.9.4.1. Identify the cause and corrective action taken, and

1.9.4.2. Identify Contractor action to prevent recurrence.

1.9.4.3. The COR will evaluate the Contractor's response and record the corrective action to be taken, which may include the Contracting Officer making necessary deductions I.A.W. the Performance Requirements Summary Appendix A. 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 Contracting Officer. The Contracting Officer will review all CDR's issued; CDRs will also become a part of the permanent contract file.

1.9.5. See Appendix A for Performance Requirements Summary.

1.10. SAFETY AND SECURITY REQUIREMENTS:

1.10.1. General. If the Contractor fails or refuses to promptly comply with safety and security 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.

1.10.1.1. The Contractor shall comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 (https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf), and all applicable Federal, State, and Local laws, ordinances, criteria, rules, and regulations. If there are any standards that require interpretation, submit matters to the appropriate administrative agency for resolution before the commencement of work. Where the requirements herein, applicable laws, criteria, ordinances, regulations, or referenced documents vary, the most stringent requirements govern.

1.10.2. ACCIDENT PREVENTION PLAN (APP): Due to the nature of anticipated work, the Contractor may submit an abbreviated Accident Prevention Plan (APP). The Abbreviated APP shall be developed in accordance with EM 385-1-1. In addition to the items specified as part of the Abbreviated APP, other programs, and procedures pertinent to the Contractor’s anticipated activities shall be submitted as appendices to the APP. This APP and applicable appendices shall be submitted and approved by the COR at least one week prior to the pre-work conference and prior to commencement of any work. The Abbreviated APP Form in the EM 385-1-1 may be used by the Contractor in the development of their Abbreviated APP.

1.10.2.1. Once accepted by the COR, the APP and all attachments will be enforced as part of the contract.

Disregarding provisions of this agreement or the accepted APP is a cause for stopping of that portion of the work at the direction of the COR until the matter has been rectified.

1.10.2.2. A copy of the accepted APP shall be always available on the worksite. The Contractor shall provide on-going evaluations of the APP throughout the life of the contract. Changes, revisions, and updates to the APP shall be reviewed and accepted by the COR.

1.10.3. ACTIVITY HAZARD ANALYSIS: A risk management assessment tool, such as activity hazard analysis (AHA), job safety analysis (JSA), or job hazard analysis (JHA) shall be developed by the Contractor performing the work for each activity, task, or defined feature of work (DFOW). The assessment shall identify the work sequence, specific anticipated hazards, site conditions, equipment, materials, personnel, and the control measures to be implemented to control the hazards. If Qualified or Competent Persons are required for a particular activity, they shall be identified and included in the assessment, and their competency/qualification identified. Work shall not begin until the assessment has been accepted by the COR and discussed with all engaged in the activity.

1.10.3.1. These risk assessment tools are considered living documents and shall be updated as needed. If the risk assessment code (RAC) increases from what was originally accepted by the Contracting Officer, the assessment shall be re-submitted for acceptance prior to work proceeding. Changes that do not increase the RAC are not required to be resubmitted for acceptance.

1.10.3.2. The risk assessment shall be developed in accordance with EM 385-1-1 or as specified by the Contracting Officer. Risk assessments shall be submitted for review at least fifteen (15) business days prior to the start of the activity, task, or defined feature of work is set to begin. 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.

1.10.3.3. Each employee performing work as part of an activity, task, or defined feature of work shall review the risk assessment for the activity and sign the signature log designated for the assessment prior to beginning work. A signature log shall be maintained for each risk assessment.

1.10.4. PUBLIC SAFETY: The Contractor shall ensure that reasonable precautions are taken to always protect the public 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 under a BPA Call.

1.10.5. PERSONAL PROTECTIVE APPAREL AND EQUIPMENT: Protective apparel and equipment, as identified in the AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a shirt, pants, and appropriate footwear during all contract work. See appropriate section outlining high visibility vest or shirts policy. Face shields, spectacles with side-shields, or goggles, hearing protection, gloves, face masks, and/or infectious disease prevention measures shall be worn by employees when required by EM 385-1-1 and CDC guidelines. Contractor personnel involved in handling or application of pesticides or herbicides shall use all protective apparel per manufacturer's recommendations. Fire extinguisher(s) and first aid kit(s) meeting the EM 385-1-1 standards shall also be provided and easily accessible to all employees.

1.10.6. Contractor and Employees Certified in First Aid & CPR. The Contractor and employees are encouraged to be certified in First Aid & CPR. The Government has no responsibility to provide emergency medical treatment.

1.10.7. IMPLEMENTATION OF SAFETY AND OCCUPATIONAL HEALTH (SOH) PROGRAM: Based on the limited scope of this Contract, in lieu of appointing a Site Safety and Health Officer (SSHO) at the project site, the Contractor may appoint a Designated Representative (DR) at the site to function as a site safety person, provided that an individual meeting the requirements of an SSHO as stated in EM 385-1-1 supervises the functioning of the DR. The DR shall perform safety programs and tasks as prescribed by the SSHO and report safety findings to the SSHO. SSHO or DR shall always be on site when work is being done. Note: Any activities that have a RAC of high or extremely high retracts the allowance to only have a DR and shall have an SSHO on site.

1.10.8. UNFORESEEN HAZARDOUS MATERIALS: USACE shall identify and communicate all known hazardous materials in which the Contractor may come into contact with during the course of activities. If material is encountered that was not indicated, but may be hazardous to human health upon disturbance, that portion of the work shall stop, and the KO immediately notified. The Government will determine within fourteen (14) business days of notification if the material is or is not considered hazardous. If the material is not hazardous or poses no danger, the Government will direct the Contractor to proceed without change. If the material is determined to be hazardous or dangerous and handling of the material is necessary to accomplish the work, the Government will address as appropriate.

1.10.9 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, diisocyanatos, lead, or hexavalent chromium are prohibited. The Contracting Officer, upon written request by the Contractor, may consider exceptions to the use of any of the above excluded materials.

1.10.10. ANTI-TERRORISM/OPERATIONAL SECURITY (AT/OPSEC) REQUIREMENTS

1.10.10.1. GENERAL: The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force

Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

1.10.10.2. ACCESS TO A DOD FACILITY OR INSTALLATION: 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.

1.10.10.3. SUSPICIOUS ACTIVITY REPORTING TRAINING: 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.

1.10.10.4. EMPLOYMENT REQUIREMENTS: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

1.10.10.5. MINIMAL REQUIREMENTS: Only personnel compliant with the requirements of a contract are authorized to perform the work of this contract. The Contractor shall submit all personnel information to the Government sufficient to perform background checks. The Government may obtain the fingerprints of personnel performing work of this contract. All new employees commencing performance on a contract must be vetted through the same requirements stated herein. 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.

1.10.11. GOVERNMENT PROPERTY: The Contractor shall include measures to ensure the security of Government property. The Contractor shall establish and implement methods to ensure Government provided keys for the Contractor’s use are used only for the purposes of this contract, are not lost or misplaced, and are not used by unauthorized persons or for unauthorized purposes. The Contractor shall immediately report to the Government lost or misplaced keys or any other items that may pose a security risk.

1.10.12. ACCIDENT REPORTING: The Contractor is responsible for reporting all accidents to the COR immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the COR. The Contractor shall maintain an OSHA 300 Log of Work-Related Injuries and Illness:

https://www.osha.gov/recordkeeping/RKforms.html

1.10.13. 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. For property damage accidents determined by the COR of $2,000 or more, the Contractor will complete and submit to the COR a copy of ENG 3394.

1.11. INSURANCE

1.11.1. Insurance shall be procured and maintained at the Contractor’s expense during the entire performance period of this contract. The minimum coverages and liability limits are below:

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

1.12. CONTRACT EMPLOYMENT INFORMATION

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

1.12.1.1. Contractor may utilize sub-contractors to meet manpower requirements. It is recommended the contractor know the laws differentiating employees and sub-contractors. Additional information may be found at:

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

1.12.2. CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY: All Contractor employees shall always conduct themselves in a proper and courteous manner. Since most of the work is performed in the presence of the 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. Contractor employees shall not be under the influence of or consume alcoholic beverages or controlled substances while on duty.

1.12.2.1. 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.