B.08.02 - Combined Synopsis-Solicitation W912DQ22Q0001.pdf

Request for Quote (RFQ)

W912DQ22Q0001

VENDOR’S INFORMATION

OFFEROR’S NAME:

OFFEROR’S ADDRESS:

OFFEROR’S PHONE #:

OFFEROR’S EMAIL:

OFFEROR’S DUNS #:

OFFEROR’S CAGE CODE #:

SIGNATURE:

COMBINED SYNOPSIS/SOLICITATION

This combined synopsis/solicitation will establish multiple Master Blanket Purchase Agreements (BPA) to create BPA Calls for Landscaping Services in Support of Rathbun Lake, IA and Long Branch Lake, MO Projects for the U.S.

Army Corps of Engineers (USACE), Kansas City District (NWK).

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 only the solicitation; quotes are being requested and a written solicitation (SF 1449) will not be issued.

The solicitation number for this acquisition is W912DQ22Q0001 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) 2022-04.

This RFQ shall be competed as a 100% small business set-aside and the associated North American Industry Classification System (NAICS) code is 561730 – Landscaping Services and the business size standard is $8,000,000.00. The Product/Service Code is S208 – Housekeeping- Landscaping/Groundskeeping.

OFFERORS INTERESTED IN RESPONDING TO THIS RFQ MUST SUBMIT THEIR

QUOTE ON THE ATTACHED SYNOPSIS/SOLICITATION. Award will be made to the offerors providing the best value. Any questions regarding this synopsis/solicitation must be submitted by e-mail to the point of contact below. The Government reserves the right to cancel this combined synopsis/solicitation at any time.

The Contractor is responsible for furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide all services listed under the scope of the Master BPA and each BPA Call to the location set forth by the Army Corps of Engineer’s Lake Projects. 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 under each BPA 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 the BPA reaches $5,000,000.00, whichever comes first.

Offerors submitting prices should refer to Table 1 of this document for a list of services that are needed to support lake operations. Prices are to be listed in the format provided in Table 1. Prices should be listed per unit of measure and should include additional fees that may apply. If an Offeror does not wish to provide one or more of the services listed in Table 1, the Offeror should write “NA” in place of the dollar value for those services. If an Offeror wishes to add more products to Table 1, the Offeror is encouraged to do so. Prices submitted shall remain good through 31 December of this year. Subsequently, prices will be updated annually and remain good for a period of at least one year.

Pricelists/Quotes are due by 15 April 2022 at 12 pm CST. Pricelists/quotes shall be emailed to the following contacts below; facsimile submittals will not be accepted:

laura.l.hedrick@usace.army.mil christopher.w.anderson@usace.army.mil

Applicable Provisions and Clauses

The following provisions and clauses listed below apply to the combined synopsis/solicitation and final Master BPA:

Procurement Technical Assistance Center (PTAC)

If you have questions about Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org/contracting-assistance/.

THIS A FREE SERVICE BY A NON-PROFIT PAID FOR BY THE U.S. GOVERNMENT.

System for Award Management (SAM)

In accordance with FAR 52.212-1(k): By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database before submitting a proposal, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov/SAM/.

It is highly encouraged that all prospective Offeror’s start the SAM’s registration process as soon as possible.

OFFEROR MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT

BEFORE THE CLOSE OF THE SOLICITATION OR THE CONTRACTING OFFICER

MAY PROCEED WITH AWARD TO THE NEXT SUCCESSFUL CONTRACTOR.

If you were not previously registered, please go to https://www.sam.gov/SAM/. Instructions for new registrations are also located at the following link https://www.sam.gov/SAM/transcript/Quick_Guide_for_Updating_or_Renewing_SAM_Registra tions.pdf.

W912DQ22A1000

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 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). If an individual call under this BPA shall exceed twenty five thousand dollars ($25,000.00), it 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.

PRICE LIST

ITEM # DESCRITION UNIT PRICE

Type 1 Finish Mowing and Trimming: Acre Type 2 Finish Mowing and Trimming: Acre Type 3A Lagoon Mowing and Trimming: Acre Type 3B Dam Mowing: Acre Type 3C Shoreline Mowing: Acre Rough-Cut Rotary Mowing Acre

TREE/BRUSH REMOVAL BY PULLING/GRUBBING; PILED ONSITE (> 3 ≤ 6"

DBH/≤50% Ground Covered)

Acre

TREE/BRUSH REMOVAL BY PULLING/GRUBBING; PILED ONSITE (> 3 ≤ 6"

DBH/>50% ≤ 75% Ground Covered)

Acre

TREE/BRUSH REMOVAL BY PULLING/GRUBBING; PILED ONSITE (> 3 ≤ 6"

DBH/>75% ≤ 100% Ground Covered)

Acre

TREE/BRUSH REMOVAL BY FORESTRY MULCHER (> 3 ≤ 6" DBH/≤50%

Ground Covered)

Acre

TREE/BRUSH REMOVAL BY FORESTRY MULCHER (> 3 ≤ 6" DBH/>50% ≤

75% Ground Covered)

Acre

TREE/BRUSH REMOVAL BY FORESTRY MULCHER (> 3 ≤ 6" DBH/>75% ≤

100% Ground Covered)

Acre

TREE TRIMMING/PRUNING; W/BUCKET TRUCK; HAUL DEBRIS Day DAY LABOR Day PESTICIDE APPLICATION - BROADCAST Acre PESTICIDE APPLICATION - SPOT TREATMENT Acre

BPA Master Dollar Limit: $5,000,000.00 BPA Call Limit: $250,000.00

Period of Performance: 01-May-2022 to 30-Apr-2027

PSC Codes:

S208

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

SECTION 1: GENERAL

1.1. PROJECT INFORMATION: Rathbun Lake located in Appanoose County, IA and Long Branch Lake located in Macon, MO. The projects consist of dam appurtenances, administrative compounds, day use areas, recreational lands, system of roads and parking areas. Additionally, Rathbun Lake has four seasonally operated campgrounds.

1.2. SCOPE OF WORK: The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform 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.

1.3. 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.

1.3.1. 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.

1.3.1.1. 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.

1.3.1.2. 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.

1.3.1.3. 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.

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

1.3.1.5. 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.

1.3.1.6. 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.

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

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

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

1.4.3. CONTRACTOR QUALITY CONTROL INSPECTOR (QCI): Person designated by the Contractor to perform oversight of the Contractor's Quality Control Plan. A QCI 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.

1.4.4. 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.

1.4.5. 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.

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

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

1.4.8. 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

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

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

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

1.4.12. 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.

1.4.13. 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.

1.4.14. MOWING CYCLE: A mowing cycle is defined as the performance of all mowing and trimming within all areas ordered within the period defined in Section C-2.2 from the date ordered, excluding weekends or holidays.

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

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

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

1.4.18. 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.

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

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

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

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

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

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

1.4.25. 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.

1.4.26. HERBICIDE APPLICATION IN LIEU OF TRIMMING: Controlling the growth of vegetation immediately around obstacles as identified in y. 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.

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

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

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

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

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

1.5.5. SECURITY REQUIREMENTS: See Section 1.8.10.

1.5.6. CERTIFICATE OF INSURANCE: See Section 1.9.

1.5.7. COMMERCIAL APPLICATOR LICENSE: (Only if providing application services)

1.5.8. Man hours to complete each service shall be indicted on each invoice.

1.6. 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.

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

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

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

1.6.1.3. 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.

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

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

1.6.2. 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.

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

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

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

1.7.1. 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.

1.7.2. 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.

1.7.3. 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.

1.7.4. 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:

1.7.4.1. Identify the cause and corrective action taken, and

1.7.4.2. Identify Contractor action to prevent recurrence.

1.7.4.3. 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.

1.7.5. See Appendix A for Performance Requirements Summary.

1.8. SAFETY AND SECURITY REQUIREMENTS:

1.8.1. 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.

1.8.1.1. 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.

1.8.2. 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 Appendix A, Paragraph K. 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, Form A-01, of the EM 385-1-1 may be used by the Contractor in the development of their Abbreviated APP.

1.8.2.1. 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.

1.8.2.2. 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.

1.8.3. 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.

1.8.3.1. 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.

1.8.3.2. The risk assessment shall be developed in accordance with EM 385-1-1 Section 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.

1.8.3.3. 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.

1.8.4. 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.

1.8.5. 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 Section 1.10.5 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.

1.8.6. 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.

1.8.7. IMPLEMENTATION OF SAFETY AND ACCUPATIONAL 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 collateral duty safety person, provided that an individual meeting the requirements of an SSHO as stated in EM 385-1-1 Section 1, Paragraph A.17 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.

1.8.8. 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.

1.8.9 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.

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

1.8.10.1. GENERAL: All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.8.10.2. ACCESS TO A DOD FACILITY OR INSTALLATION: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-3), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.8.10.3. SUSPICIOUS ACTIVITY REPORTING TRAINING: The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program.

This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity.

This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

1.8.10.4. EMPLOYMENT REQUIREMENTS: The Contractor shall prescreen employee applicants using the E- Verify system website https://www.e-verify.gov/. The Contractor must ensure employees have two valid forms of government issued identification to ensure the correct information is entered into the E-verify system. Eligible employee candidates must be provided to the COR no later than 3 business prior to starting work on the project.

1.8.10.5. EXEMPTIONS: Per the E-Verify Website the following exemptions apply: employers whose contracts are exempt from the E-Verify federal contractor rule are not required to enroll in E-Verify. A contract is considered exempt if any one of the following applies: (1) it is for fewer than 120 days. (2) It is valued at less than $150,000, the simplified acquisition threshold (Source: http://www.uscis.gov/e-verify/federal-contractors/exemptions-and-exceptions)

1.8.10.6. All employees must be approved through the Security Office BEFORE they are permitted to work on site. The approval process may take up to 14 business days, so it is imperative to provide the employees information as soon after contract award as possible. All new employees commencing performance on 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.

1.8.10.7. 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.

1.8.10.8. 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.

1.8.11. 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

1.8.12. 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.

1.9. INSURANCE

1.9.1. 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:

1.9.2. WORKER’S COMPENSATION & EMPLOYER’S LIABILITY: $100,000 and as Legally Required by the State Iowa

1.9.3. COMPREHENSIVE GENERAL LIABILITY: Bodily Injury Per Occurrence $500,000 Property Damage $100,000

1.9.4. AUTOMOTIVE LIABILITY: Bodily Injury Per Person/Per Occurrence $200,000/$500,000 Property Damage $20,000

1.9.5. Prior to the commencement of work hereunder, the Contractor shall furnish to the KO a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interest of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which a contract is to be performed and in no event less than thirty (30) calendar days after written notice thereof to the KO.

1.9.6. The Contractor shall also require all first-tier subcontractors who will perform work on a Government installation to procure and maintain the insurance required as stated above during the performance of this contract.

The Contractor shall furnish a current Certificate of Insurance, for each first-tier subcontractor, to the KO, at least five (5) calendar days prior to entry of each such subcontractor's personnel to the Government installation.

1.10. CONTRACT EMPLOYMENT INFORMATION

1.10.1. VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS.

1.10.1.1. In addition to complying with the requirements outlined in FAR Part 22.13, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, USACE contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans’ Employment and Training Service (VETS):

https://www.dol.gov/vets/

Federal Veteran Employment Information: https://www.fedshirevets.gov/

Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

1.10.2. 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.

1.10.2.1. 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

1.10.3. 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.

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

1.10.3.2. COMBATTING TRAFFICKING IN PERSONS: The United States has adopted a zero-tolerance policy regarding trafficking in persons. Contractors and Contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy and the actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment. The Contractor shall take appropriate action, up and including termination, against employees or subcontractors that violate the U.S. Government policy as described at

FAR 22.17.

1.10.4. SUPERVISION: The Contractor or Contractor Representative(s) shall personally supervise the work and respond to any contract issue that may arise when work is in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract.

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

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

1.10.4.3. The COR and Government Inspectors will deal directly with the QCIs or Contractor Representatives for normal day- to-day administration of the contract provisions.

1.10.4.4. The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representatives shall be submitted in writing to the COR before work is performed.

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

1.10.5. IDENTIFICATION OF CONTRACTOR’S EMPLOYEES, SUB-CONTRACTORS AND VEHICLES:

The Contractor’s employees and sub-contractors, other than office and clerical personnel, shall be wear standardized high visibility vest or shirts. Contractor employees and subcontractors shall always wear the attire while performing work under this contract. Exceptions may be granted by the COR for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the COR.

1.11. WAGE DETERMINATION WAGE RATE INCREASE: In accordance with FAR 52.222-43 – Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contract), any request for an increase under this clause must be within the terms of the clause.

1.12. COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS: The Government may undertake or award other contracts, or have lessees or volunteers performing certain work, including work that could otherwise be performed utilizing BPA Calls under this agreement. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers, and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by another Contractor, volunteer, lessee, or Government employee. The Contracting Officer can alter the work schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any such change (or failure to make such a change) by the Contracting Officer shall not be the basis for a claim by the Contractor.

1.13. REPORTS: The Contractor shall, in an accurate and timely manner, prepare all reports, forms and permits as required in this agreement. Examples of these reports, forms, and permits include, but are not limited to:

1.13.1. Supplies Furnished and Used Contractor Portion of Any CDR Quality Control Inspection Checklists

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

1.15. PERMITS AND LICENSES. Any licenses or permits required to perform all aspects, requirements, and work under a contract shall be obtained at the Contractor’s expense. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

1.16. SAFEGUARDING GOVERNMENT PROPERTY: The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and all malfunctioning Government equipment to the COR. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the work sites shall be placed into the custody of the COR for return to the owner if ownership can be established. The Contractor shall inform the COR of any information the Contractor or Contractor’s employees receive about lost and/or found articles from the public.

1.17. GOVERNMENT ASSETS FOR CONTRACTOR USE:

1.17.1. UTILITIES: The Government will furnish available utilities to perform the specified work. At remote locations the Contractor will be required to transport utilities, such as water, from another on-site source. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation. Government furnished utilities shall be used only in the performance of work specified in this contract.

1.17.2. KEYS: The Contractor will be provided keys to allow access to certain secure areas and will be held responsible for losses due to the fault or negligence of the Contractor or its employees, including the replacement of any compromised locks resulting from the loss or…