B.08.02 Combined Synopsis-Solicitation_W912GB21Q0001.pdf

W912GB21Q0001

COMBINED SYNOPSIS/SOLICITATION

Tree Cutting for Munitions Storage Area Powidz Air Base, Poland

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR 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.

W912GB21Q0001 for Tree Cutting for Munitions Storage Area Powidz Air Base, Poland is hereby issued as a Request for Quotation (RFQ).

The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular 2020-09.

This solicitation is unrestricted (full and open competition) under the NAICS Code of 561730 - Landscaping Services. All prospective quoters must be registered in the System for Award Management (SAM) at www.sam.gov prior to submission of quotes to be eligible for award. Lack of SAM registration will make a quoter ineligible for award.

**SAM NOTARIZED LETTER PROCEDURES: An original, signed, and notarized letter identifying the authorized Entity Administrator for the entity associated with the Data Universal Numbering System (DUNS) number is now required before a new SAM.gov entity registration is activated or an existing entity is updated or renewed. The notarized letters MUST BE POSTAL SERVICE MAILED (not emailed or faxed) to the "FEDERAL SERVICE DESK" and must contain the information outlined in the "instructions for domestic entities" or "instructions for international entities" located at https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/sam. Templates for appointing an Entity Administrator are included within the respective instructions.**

The government request quotes for the following services (See Performance Work Statement for more details):

Table 1 Price Schedule

Item No.

Description

Quantity

Unit

Amount (Euros)

0001 Tree Cutting for NATO Security Investment Program (NSIP) Area.

The contractor shall provide all resources necessary to perform the work in accordance with the included Performance Work Statement and drawings, which are hereby incorporated and made a part hereof. All work shall be accomplished in accordance with the time lines specified in the Performance Work Statement.

ALL TREE CUTTING MUST BE COMPLETED BY

28 FEBRUARY 2021

1 Job

0002 Tree Cutting for US Air Force Area.

The contractor shall provide all resources necessary to perform the work in accordance with the included Performance Work Statement and drawings, which are hereby incorporated and made a part hereof. All work shall be accomplished in accordance with the time lines specified in the Performance Work Statement.

ALL TREE CUTTING MUST BE COMPLETED BY

28 FEBRUARY 2021

1 Job http://www.sam.gov/ http://www.gsa.gov/about-http://www.gsa.gov/about-

Item No.

Description

Quantity

Unit

Amount (Euros)

0003 Tree Cutting for Host Nation (HN) Area.

The contractor shall provide all resources necessary to perform the work in accordance with the included Performance Work Statement and drawings, which are hereby incorporated and made a part hereof. All work shall be accomplished in accordance with the time lines specified in the Performance Work Statement.

ALL TREE CUTTING MUST BE COMPLETED BY

28 FEBRUARY 2021

1 Job

TOTAL ITEM NO. 0001-0003

Supplies/ Services will be inspected/accepted at:

Table 2.

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

Provisions 52.212-1, Instructions to Offerors – Commercial, 52.212-2, Evaluation -- Commercial Items, and 52.212- 4, Contract Terms and Conditions -- Commercial Items apply to this acquisition along with any listed addenda to the provisions.

Quoters shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items. For quoters with a current registration in the System for Award Management (SAM), complete paragraph (b) of the provision and submit with the response to the RFQ.

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS (JUN 2020) – ADDENDUM

An organized site visit will be held on 30 November 2020 at 10:00 hours Central Europe Time (CET) at the following location:

33. Baza Lotnictwa Transportowego, Powidz, Poland.

See Attachment – Site_Visit_Map with the following location and coordinates:

33. Baza Lotnictwa Transportowego 52°23'30.1"N 17°52'24.6" E 52.391694, 17.873500

Currently, outdoor meetings/assemblies are limited to five people. Participants are required to cover their nose and mouth and keep 1.5 m away from other people. Due to these restrictions (which are subject to change due to the COVID-19 situation) only one participant from each firm can attend the site visit.

In order to attend the site visit your firm must provide the below information so that base access can be arranged:

1. ID or Passport Number and Date of Expiration;

2. Details of Transportation (make and model of vehicle and license plate number);

3. Personal Data (name, surname, country of citizenship, date of birth, place of birth, gender, job title);

4. Name of employer (if it is connected with entrance);

The information must be submitted not later than 13 November 2020 by 12:00 hours CET. Submit all information to ryan.s.shoemaker@usace.army.mil, shawna.m.west@usace.army.mil, and Jan.P.Brodmerkel@usace.army.mil.

Quotes shall include the following:

1. Company Name:

2. Address / Telephone No.:

3. NCAGE/Cage Code (or DUNS, both from SAM):

4. Point of Contact – Name, Phone, Email:

5. Quote – Enter the information on the Table 1 Price Schedule.

6. Evaluation submittals per 52.212-2 (below):

1. Technical Approach & Schedule submittal

2. Past Performance submittal

3. National Competitive Bidding Plus Requirements submittal

NOTE: A quote failing to provide all of the required elements of 5. and 6. above may not be considered, therefore, quoters are encouraged to read FAR 52.212-2 carefully to ensure its quote is complete prior to submitting.

Quote Submissions: Quotes are due no later than 11 December 2020 at 12:00 hours CET.

Quoters are responsible for verifying receipt of their quotes to this office before offer due date and time.

Quotes shall be emailed to: shawna.m.west@usace.army.mil and ryan.s.shoemaker@usace.army.mil.

mailto:ryan.s.shoemaker@usace.army.mil mailto:shawna.m.west@usace.army.mil mailto:Jan.P.Brodmerkel@usace.army.mil mailto:ryan.s.shoemaker@usace.army.mil

Quoters with technical inquiries and any other questions shall submit their inquiries via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. The project number is: W912GB21Q0001. The bidder inquiry key is: QZ644Q-

V5QKGD

Quoters are requested to review the PWS and Plans in their entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The Government reserves the right to decline addressing certain questions. Further, no questions, unless in the Government’s interest, will be answered any later than 7 calendar days prior to the stated deadline for quotes. All quoters are encouraged to register on ProjNet for alerts to stay abreast of Q&A’s that are posted in reference to this Solicitation. Only self-registered users on ProjNet can submit and review inquiries. To self-register, go to the webpage, click BID tab, select Bidder Inquiry, select agency USACE, enter the key for this Solicitation listed above, and your email address. After initial login, enter all the required information to create your user ID. Verify the information on the next screen and from there you may submit and view inquiries.

Those submitting inquiries will receive a system generated email notification when their inquiry has been processed and answered. It is the quoter’s responsibility to monitor for inquiries and responses.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a purchase order resulting from this solicitation to the responsible quoter, whose quote conforming to the solicitation, will the best value to the Government non-price and price factors considered.

Quotations will be evaluated using the following factors:

1. Technical Approach & Schedule – The quoter shall submit a quote describing the approach to be used to accomplish the project objectives as stated in the PWS, Drawings, requirements from permitting authorities, and any additional attachments included in the solicitation. The technical approach should include a list of the proposed equipment to be used as well as a discussion on the proposed methodology for sorting, hauling, and disposing of timber. The quoter shall also submit an estimated schedule based on the requirements of the PWS.

Evaluation Methodology:

Exceptional: The quoter will receive a rating of Exceptional for a quote that meets or exceeds the project objectives and provides a schedule that is less than what is stated in the PWS.

Acceptable: The quoter will receive a rating of Acceptable for a quote that clearly accomplishes the project objectives and provides a schedule that meets what is stated in the PWS.

Unacceptable: The quoter will receive a rating of Unacceptable for a quote that does not clearly accomplish one or more project objectives and provides a schedule that meets or exceeds what is stated in the PWS.

2. Past Performance – The quoter shall provide at least one (1), but not more than three (3), references of relevant projects completed within the past 10 years. Experience consists of projects completed as a prime contractor or projects of qualified subcontractors that have the capabilities to perform this work. To be relevant, these projects need to be equal to or similar in scope of this requirement. For this solicitation, projects that are equal to or similar in scope are those that demonstrate the accomplishment trimming or clearing trees of an area consisting of at least 30 hectares (or at least 75 acres) that required sorting, hauling, and disposal of the trees. The contractor shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The contractor shall include points of contact, titles, telephone numbers, and email addresses (if available) for all references. A higher rating will be received for similar project experience completed in Poland.

• If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, the quoter shall submit it with the proposal.

• If there is not a completed CPARS evaluation, the quoter shall submit a Past Performance Questionnaire (PPQ) for the project. Do not submit a PPQ when a completed CPARS is available.

o Quoters should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's points of contact, Shawna West and Ryan S. Shoemaker, via email at shawna.m.west@usace.army.mil and http://www.projnet.org/projnet

Ryan.S.Shoemaker2@usace.army.mil prior to the quote due date. The quoters shall instruct the clients to refer to the solicitation number in the subject line.

o All successfully submitted PPQs will receive an email confirmation upon receipt. If the quoter does not receive the confirmation, it is the quoter’s responsibility to follow up to ensure the government has received the information.

Quoters shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other procurements. However, this does not preclude the Government from utilizing previously-submitted past performance information in the past performance evaluation.

Quoters may provide explanation on problems encountered on past projects and the corrective actions taken by the offeror.

In addition to the above, the Government may review other sources of information for evaluating past performance.

Other sources may include, but are not limited to, past performance information retrieved through CPARS, using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the quoter’s proposal, inquiries of owner representative(s), FAPIIS, telephone interviews with organizations familiar with the quoter’s performance, Government personnel with personal knowledge of the quoter’s performance capability, and any other known sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the quoter.

Evaluation Methodology:

Exceptional: The quoter will receive a rating of Exceptional for past performance that demonstrates successful completion of multiple similar purchases on all references, additional information retrieved from CPARS, and additional information received by the Contracting Officer, that is favorable.

Acceptable: The quoter will receive a rating of Acceptable for past performance that has at least one reference that demonstrates successful completion of similar purchases, additional information retrieved from CPARS, and additional information retrieved from CPARS, and additional information received by the Contracting Officer, that is favorable.

Unacceptable: The quoter will receive a rating of Unacceptable for past performance that does not demonstrate at least one (1) successfully completed similar purchases on the references submitted, and the additional information from CPARS, and additional information received by the Contracting Officer is either not relevant or is not favorable.

3. National Competitive Bidding Plus Requirements.

Only firms from the 30 North Atlantic Treaty Organization (NATO) countries will be permitted to participate as part of this project to include the prime contractor, sub-contractor(s), or manufacturer. None of the work, including labor and services, shall be performed by any firm other than those registered and incorporated in one of the 30 NATO member nations. Additionally, no materials or items of equipment to include identifiable sub-assemblies shall be manufactured or assembled by a firm other than those from within the 30 NATO member nations.

(1) Assembly: An item forming a portion of equipment that can be provisioned and replaced as an entity and which normally incorporates replaceable part of groups of parts.

(2) Sub-Assembly: A portion of an assembly consisting of two or more parts that can be provisioned and replaced as an entity.

(3) Manufactured: Made on an industrial scale.

(4) Assembled: Fit together parts of.

(5) Made in: Formed from parts in.

The prime contractor, to include all members of joint venture and all subcontractors identified in the prime contractor’s quote, shall be registered and incorporated in a NATO member country. Additionally, all manufactured materials shall be sourced from a NATO member country. The offers shall submit for this factor:

mailto:Ryan.S.Shoemaker2@usace.army.mil

(1) Proof of registration and incorporation of the prime contractor in a NATO member country.

(2) Proof of registration and incorporation in a NATO member country of any subcontractor identified in the offer.

(3) A written certification on company letterhead from a senior executive with authority to bind the company, that they understand, acknowledge, and agree to abide by this requirement for any and all subcontracts and sub-assemblies, and to include the substance of this requirement in their subcontracts.

The quoter will receive a rating of Acceptable for providing the following:

(1) Required proof of registration and incorporation of the prime contractor

(2) Required proof of registration and incorporation of any proposed joint venture, key subcontractors, and sub-assemblies in a NATO member country (if applicable); and

(3) Certification of compliance on company letterhead signed by a senior executive with authority to bind the company. Note: If the quoter is proposing as a Joint Venture, the Joint Venture must be registered in a NATO member country and authorized to perform work in Poland.

The quoter will receive a rating of Unacceptable for failing to provide ANY of the following:

(1) Required proof of registration and incorporation of the prime contractor

(2) Required proof of registration and incorporation of any proposed joint venture, key subcontractors, and sub-assemblies in a NATO member country (if applicable);

(3) Certification of compliance on company letterhead signed by a senior executive with authority to bind the company (or Joint Venture).

A quoter’s proposal receiving an unacceptable rating for this factor will be ineligible for award of the purchase order.

4. Price – The quote shall be inclusive of all costs to perform the work specified in the PWS.

After a preliminary consideration of all quotations, the government will identify from all quotations one that is the most advantageous to the Government, all non-price and price factors considered. All quotations will be evaluated based on the evaluation factors described above.

PERFORMANCE WORK STATEMENT

Performance Work Statement for the Tree Cutting for the Munitions Storage Area

Powidz Air Base, Poland

1.0 General Statement

The US Army Corps of Engineers – Europe District is soliciting for tree cutting services of approximately

58.6 hectares of densely forested land at Powidz Air Base, Poland. This is a non-personal services requirement. The contractor shall perform these services in accordance with the terms of the contract and as defined in this Performance Work Statement (PWS).

This is a firm-fixed priced contract. The period of performance for the contract is 120 calendar days, however, all tree cutting activities must be completed by 28 February 2021.

2.0 Definitions

Throughout this PWS terms are defined as follows:

Acceptable Quality Level (AQL): Acceptable Quality Level equals the performance standards listed in

5.1 through 5.8. The contractor must re-perform all unsatisfactory work.

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR): The Government employee who has been authorized in writing as the Contracting Officer’s Representative, acting within the limits of their authority.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the contractor as observed by the COR.

Host Nation (HN). The country where the contract is being performed.

Host Nation Language. The Official Language recognized by the national government of the country where the work is performed. If no Official Language has been designated, or where multiple Official Languages have been designated, it is the predominant language of the Government agency responsible for operation and maintenance of the facility or product delivered under this contract.

3.0 The Government Will Furnish

USACE will not furnish any Information or Equipment for this contract other than the permits referenced in Attachment 1.

4.0 The Contractor Shall Furnish

a. All personnel labor, equipment, tools, materials, vehicles, supervision, other items, approvals, and services, necessary to perform the work as defined in this PWS, including mobilizations and demobilizations from the site.

5.0 Performance Standards and Requirements (Also see Summary in Paragraph 6.0)

The performance standards apply to the entire site areas shown in Attachment 1.

5.1 Task 1 – Tree Cutting for NATO Security Investment Program (NSIP) Area

The contractor shall provide all resources necessary to perform the work in accordance with the Performance Work Statement and Attachment 1including cutting all trees by 28 February 2021.

5.2 Task 2 – Tree Cutting for US Air Force Area.

Performance Work Statement and Attachment 1 including cutting all trees by 28 February 2021.

5.3 Task 3 – Tree Cutting for Host Nation (HN) Area

Performance Work Statement and Attachment 1 including cutting all trees by 28 February 2021.

6.0 Performance Requirements Summary (PRS)

The PRS is intended to ensure that the Government receives the services for which it contracted. The Government will only pay for services received. The Performance Requirement Summary (PRS) determines if the contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness, and that the contractor is delivering the results specified in the contract. Government contract quality assurance will be performed at such times and/or places as may be necessary to determine the services conform to contract requirements.

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable quality levels (AQL) of service required for each requirement. These thresholds are critical to mission success.

6.1 Performance Requirements Summary Table

Below are the criteria against which the performance will be evaluated. Work shall be considered not to have been performed when any one of the following conditions exists in accordance to the Quality Assurance Surveillance Plan.

PERFORMANCE REQUIREMENTS SUMMARY

Required Services

(Tasks)

Performance Standards

Acceptable

Quality Levels

Surveillance

Validated

Complaints

Task 1: Perform work on schedule. Zero 100% Must be Tree Cutting for Complete tree cutting and deviation Inspection; Work corrected NSIP Area associated work in accordance from PWS may be accepted

[PWS Paragraph with the requirements in the PWS up to 7 days 5.1] including cutting the trees by after completion.

28 February 2021.

Task 2: Perform work on schedule. Zero 100% Must be Tree Cutting for Complete tree cutting and deviation Inspection; Work corrected US Air Force Area associated work in accordance from PWS may be accepted

[PWS Paragraph with the requirements in the PWS up to 7 days 5.2] including cutting the trees by after completion.

28 February 2021.

Task 3: Perform work on schedule. Zero 100% Must be Tree Cutting for Complete tree cutting and deviation Inspection; Work corrected Host Nation (HN) associated work in accordance from PWS may be accepted Area with the requirements in the PWS up to 7 days [PWS Paragraph including cutting the trees by after completion.

5.3] 28 February 2021.

6.2 Surveillance

100% inspections by the COR will serve as the surveillance method. If the COR discovers deficiencies and/or receives complaints, the COR will pass them on to the Contractor's Quality Control Inspector (QCI) for correction.

6.3 Contractor Work Plans

The contractor shall submit work plans with maps showing areas the Contractor proposes for work under each task at least two (2) work days, excluding weekends, prior to beginning work.

Work plans shall contain the contractor’s strategy/approach and detailed descriptions of how the work will be performed, including explanations of how performance requirements will be met including cutting the trees by 28 February 2021. The work plan for each task must be accepted by the COR prior to start of that task.

6.4 Initial Demonstration of Performance of Task

Immediately following the Contractor’s preparatory meeting for each task, the Contractor shall demonstrate the performance of each task for the COR prior to start of work on that task to ensure mutual understanding of the performance standards required by the contract.

6.5 Quality Control

The contractor, not the government is responsible for quality control actions necessary to meet the quality standards set forth by the contract. The contractor shall develop and submit a Quality Control Plan (QCP) for approval by the designated COR prior to initiation of the work tasks. The Government reserves the right under the Contract Terms and Conditions-- Commercial Items (FAR 52.212-4) to inspect and test the services called for by the contract, to the extent practicable at all times and places during the term of the contract. Non-conforming services shall be rejected.

6.6 Document Progress of Work /PHOTOGRAPHIC DOCUMENTATION

The Contractor quality control manager and/or each contractor employee shall provide photographs of work while inspecting and/or performing work that can document progress of work to ensure that the entire site footprint has been inspected and work completed where required to meet performance standards. Submit photographic documentation with daily QC reports.

a. Pre-work photos. Prior to the start of any on-site activities, the contractor shall take a minimum of 50 digital photographs of the site. Photos shall be a minimum of 1800 x 1200 pixel size. Photos shall represent the undisturbed project site prior to any tree clearing activity. Photos shall be accompanied by a site plan identifying locations and dates of the photos taken.

b. A minimum of 25 progress photos shall be furnished to the COR on a weekly basis. The number of photos must be sufficient to accurately and adequately document the ongoing work and site conditions.

Photos shall be a minimum of 1800 x 1200 pixel size and shall be submitted in .jpg format. Photos shall be accompanied with a floor and/or site plan identifying locations of the photos taken. Photos shall be submitted as an attachments to the QC Report for the last work day of the week.

6.7 Daily and Summary QC Reports

The contractor shall provide daily operations reports showing daily and cumulative progress of work and submit these reports to the COR the following weekday. The contractor shall provide summary reports of each task within one week of completion of each task.

6.8 Unacceptable Performance

When performance is determined unacceptable, as defined in the Performance Requirements Summary, the COR will inform the Contractor’s onsite representative that performance is unacceptable and provide written documentation, reference CDR Attachment 2. Disputes in surveillance should be referred to the Contracting Officer.

6.9 Correction of Non-Performance of Work by Re-Performance

The COR will notify the Contracting Officer of less than acceptable performance. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. The Contractor shall employ an adequate quantity of personnel to ensure that any area found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, within five business days after noncompliance has been observed by or reported to and verified by the COR.

6.10 Damages Caused by the Contractor – Mitigation Plantings

The Contractor shall be responsible and held accountable for excessive damages to mitigation plantings. When the defect(s) in services cannot be corrected by re-performance, the Government may:

a. Require the Contractor to take necessary action to ensure future performance conforms to contract requirements.

b. Reduce the contract price to reflect the reduced value of the services performed.

c. If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

(a) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service;

(b) Issue Cure Notice;

(c) Terminate the contract for Government convenience; and / or

(d) Terminate the contract for Cause.

6.11 Damages Caused by the Contractor – Government Property

Contractor shall be held accountable and liable to the Government for any damages to government facilities, fixtures, furnishings, equipment, plantings, or grounds caused by the Contractors or their employees.

6.12 Interference with Government Operations

The Government may undertake or award other contracts for additional work and the Contractor shall fully cooperate with such other contractors and Government employees. The Contractor shall not commit or permit any act which interferes with the performance of work by any other contractor or by Government employees.

7.0 Safety and Security

7.1 Safety

a. The contractor shall conform to all safety standards of the most recent edition of the Corps Safety and Health Requirements Manual EM-385-1-1 (2014), which can be found online at (http://www.publications.usace.army.mil/Portals/76/Publicat ions/EngineerManuals/EM_385- 1- 1.pdf). A Job Safety Analysis, also known as Activity Hazard Analysis (AHA), shall be prepared in accordance with EM-385-1-1 and submitted as part of the Accident Prevention Plan for approval by the designated COR prior to initiation of the work tasks. The Job Safety Analysis shall be updated and resubmitted to the designated COR as warranted. Submit a copy of the Site Safety Health Officer’s completed OSHA 30 hour Construction Training course certificate prior to start of work.

b. Equipment and tools shall be equipped with manufacturer's recommended safety protective devices to ensure worker safety at all times. Equipment and tools shall be inspected daily by the Contractor and maintained in good working condition. All workers shall be properly trained in safe practices.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-

c. In the event that an accident or injury occurs to Contractor personnel, the Contractor shall notify the COR in a timely manner. The Contractor shall make a written report of each separate case of an injury or accident. The report shall include, but not be limited to; location, nature of the injury or accident, authorities notified, and the action taken along with any other pertinent information.

The report shall be accompanied by sketches, graphs/drawings, and photographs as needed and forwarded to the COR within 24 hours.

7.2 Project Security

Project security is the responsibility of the Contractor. The Government will not accept responsibility for stolen or damaged equipment and materials. All equipment and materials shall be adequately secured by the Contractor to prevent theft or vandalism.

7.3 Access and General Protection/Security Policy and Procedures

a. All contractor and all associated subcontractor 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/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office, and Host Nation. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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 installation or facility change, the Government may require changes in contractor security matters or processes.

b. General Access Requirements The Contractor shall be responsible for obtaining access and adhering to all guidelines established by the local authorities for access to the work site and will be responsible for the daily access of their personnel and subcontractor workers.

The Contractor is cautioned to review any additional security guidelines specified elsewhere in this contract for more stringent requirements or specific access conditions.

c. Work on Military Installations (General) When work is performed on a military installation, every employee of the prime contractor, all subcontractor employees, and all material suppliers' employees, who require access to the installation for any reason and for any length of time will be required to obtain an installation/base access.

All personnel, vehicles, and equipment are subject to search when entering or leaving the installation and at any time while on the installation. The contractor shall be responsible for notifying their personnel, to include subcontractors and suppliers of this. Entry of any individual onto the installation constitutes consent to being searched.

Individuals who will be performing work onsite for five or more days in total - even if non-consecutively -shall apply for installation/base pass and may not be "signed in" or otherwise presented as a "visitor". Failure to comply with this requirement may result in the loss of sign-in privileges and/or loss of installation access.

All personnel in possession of an installation/base pass issued for work under this contract shall return them to the issuing office upon completion of the contract work or upon termination of employment.

d. Access to Operational Areas Contractor personnel are expressly prohibited and shall be restricted from entering operational buildings or areas without the specific authorization of the Contracting Officer. To perform work, where "security escorts" are required for access to a facility, the Contractor shall coordinate with the Contracting Officer for access to such facilities.

7.4 Pre-screen candidates

The contractor shall submit an access roster to the Polish base security manager no later than 14 days before the date of requested access. This time is required for non-Polish workers who required undergoing a background check by higher headquarters prior to granting base access. For Polish workers, the access requirements are less stringent; however, the base access must be coordinated with the Polish base security manager. An initial access rooster must be provided to the COR no later than 3 business days after the initial contract award.

8.0 Environmental Protection

8.1 Environmental Protection Plan

Contractor shall submit Environmental Protection Plan for approval by the designated COR prior to initiation of the work tasks. The Environmental Protection Plan identifies plans, procedures and personnel to minimize, manage, control and avoid damage to the environment, including a site- specific spill prevention and response plan. This plan shall include all necessary erosion and sediment control measures and procedures to be implemented by the contractor and must be approved prior to mobilization to the site. The EPP is required in addition to any plans required by the installation or host nation agencies at any level.

The EPP shall include, at a minimum, the following:

a. Identification of installation, host nation and local laws, regulations, and permits concerning environmental protection, pollution control and abatement that are applicable to the Contractor’s proposed operations and the requirements imposed by those laws, regulations and permits.

b. Procedures to be implemented to provide the required environmental protection, to comply with the applicable laws and regulations, and to correct pollution due to accident, natural causes or failure to follow the procedures of the EPP.

c. Methods for protection of features to be preserved within authorized work areas like trees, shrubs, vines, grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, archeological, and cultural resources.

d. Procedures to be implemented to control and prevent fugitive dust during and as the result of construction operations under this contract.

8.2 MOBILIZATION PLAN

The Contractor shall submit a mobilization plan within two weeks of contract award. This mobilization plan must include, where applicable:

a. Fencing, gates and doors

b. Storage and working areas

c. Material and tool storage structures and locations

d. Sanitary and personnel containers

e. Connected loads in kW

f. Site lighting plan

g. Parking spaces for employees

h. Any other specific installations and systems

8.3 Equipment Cleaning

The Contractor shall clean all equipment prior to bringing it onto the project site. The Contractor shall ensure that the equipment is free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds.

Contractors and their subcontractors and suppliers shall not wash any vehicles on the installation.

8.4 Protection of Land Resources

The areas on which the work is to be performed under this contract, and the land resources adjacent thereto, shall be preserved in their present condition.

8.5 Protection of Water Resources

Lakes, ditches, rivers, canals, ponds, waterways, inundated wetlands, or reservoirs shall not be polluted with fuels, oil, bitumens, calcium chloride, insecticides, herbicides, or other similar materials harmful to fish, shell fish, wildlife, or materials which may be detrimental to outdoor recreation.

8.6 Removal of Equipment and Other Materials

Upon completion of work, the contractor shall remove from the site of work, all equipment, unused materials, and any waste materials and rubbish resulting from the operation performed herein.

8.7 TRAFFIC CONTROL

a. Haul Routes The Contractor shall at all times coordinate the work under this contract with the authorities having jurisdiction over the streets and shall be responsible for obtaining approval by the local authorities for their use.

Location and construction of new haul routes, and/or upgrading of existing roads to carry anticipated construction traffic shall be coordinated with the host Government and local authorities and is the sole responsibility of the Contractor. It shall be the Contractor's responsibility to obtain such local authorizations, permits, and licenses necessary. The contractor shall be responsible for any maintenance, repairs, or restoration required by the installation and host nation authorities.

b. Road Closures Roads may not be closed without prior written approval from the appropriate authorities. If a road must be blocked the Contractor shall provide a written Traffic Control Plan with all required approvals at least fourteen calendar days in advance.

The Contractor shall provide detours, barricades, warning signs, pavement markings, directional signs and instructions, warning lights, and flag persons as required during the performance of the work under this contract, when roads are required to be closed or traffic restricted due to construction operations. All temporary features shall be removed when their use is no longer required and the roadway restored to the same or better condition as prior to the start of construction.

9.0 General

9.1 Site Conditions

The site is densely forested land at Powidz Air Base, Poland.

9.2 Project Coordination

Coordination of project activities is critical to the successful completion of the required services. Every effort shall be made to resolve critical issues in a timely manner before they become problems. The Contractor shall notify the COR at least 2 work days, excluding weekends, prior to start of work under each task and within 7 days of completion of work of each task.

9.3 Project Schedule

In the proposal, the contractor shall submit a proposed schedule meeting the deliverable schedule identified in this PWS that includes at a minimum for each task:

a. Submission of Work Plan for approval by the COR

b. Preparatory meeting and initial demonstration of performance

c. Anticipated start and end dates for work under each task

d. COR inspection of completed work

9.4 Media/Publicity/Public Release of Information

The contractor shall immediately refer all media and public inquiries or access requests to the worksite to the COR and USACE Public Affairs Office if warranted -- without further comment. The Government may request or require the contractor to provide access to the worksite to those groups approved by the Government. Any VIP/media access to the work site will require a Government and contractor representative for escort.

There shall be no public release of information, documents, or photographs concerning any aspect of the materials or services relating to this project without the prior written approval of the Contracting Officer.

The Contractor agrees to insert the substance of above paragraph "Prohibition" in each subcontract and purchase order generated for this contract.

9.5 Contract Changes

Changes in scope, time, or deliverables can only be authorized by the Contracting Officer (KO). The contractor shall notify the KO immediately if they have received direction to perform work outside the scope of the contract. Changes in scope will be negotiated and a written modification issued, before proceeding with the work.

9.6 Government Holidays

The Contractor is not required to work on Official Polish Holidays.

9.7 HOURS OF WORK

a. Normal Work Hours Unless specified elsewhere in the contract, normal work hours are 0800 through 1700, Monday through Friday, excluding US and Host Nation holidays. Work outside of these hours shall not be performed without prior written approval of the Contracting Officer.

b. Work Outside of Normal Hours Work outside of normal hours may be granted for the sole benefit of the contractor. Submit requests to perform work outside of normal hours to the Contracting Officer or their authorized representative via serial letter at least 3 work days in advance.

Denial of requests to work outside of normal hours and delays occurring during work outside of normal hours shall not be subject to an adjustment in the contract duration or amount.

9.8 Documents in Multiple Languages

a. If this contract includes documents in English and additional languages, the English language version shall govern over all other languages. In the event contract documents contain translations into non- English languages, the translation is provided solely for convenience.

b. For all purposes, the English language version shall be the governing instrument and understanding of the parties. In the event of any conflict between the English language version and any translation into any other language, the English language version shall govern and control.

9.9 Communication In English

a. English Speaking Representative All personnel required to communicate with the government on a recurring basis, including but not limited to Project Managers, Site Safety and Health Officers (SSHO), Superintendents, and Quality Control personnel shall be capable of explaining the work operations and receiving instructions in the English language. This includes the ability to speak, read, write, and understand the directions of the Contracting Officer or their designated representatives when conducted in English.

If other sections of the contract allow work to be performed without these personnel being on site, the Contractor shall have a representative, designated in writing, who is capable of explaining the work operations and receiving instruction in the English language.

b. Correspondence and Documentation In addition to clause 252.225-7041, it shall be the responsibility of the Contractor to prepare all documents related to this contract, to include, change proposals, shop drawings, submittals, quality control reports, computations, and all correspondence, in the English language or with a translation of the original document into English.

c. Translations for Disputes All documents originally produced in a language other than English submitted either as (a) part of a Request for Equitable Adjustment (REA), (b) part of a claim under the Disputes clause or (c) as part of litigation, including actions at the ASBCA or actions in U.S. courts, shall be translated into English by a person who is recognized in accordance with the appropriate authorities to produce official/certified translations, and said translations shall be so certified.

This requirement applies to any document that would normally be considered to be within the scope of discovery in an ASBCA or court proceeding concerning the dispute. The term 'documents' includes electronic documents including but not limited to e-mail and includes documents generated by subcontractors or suppliers. In the event a dispute results in litigation, including actions at the ASBCA or actions in U.S. courts, the contractor will be responsible for providing translations of any documents that are within the scope of a discovery request filed by the U.S. Government and for providing certified translations upon request by the U.S. Government.

The contractor shall bear sole responsibility for any costs associated with translation, as well as with any errors, omissions, or discrepancies between the original and English version of a document. In the event of any difference between the English version and any other version in any language, the English version shall govern.

d. Additional Language Requirements When any worker on site at any level (contractor, subcontractor, supplier, etc.) cannot communicate in English or a language spoken by the Contractor's key personnel, the contractor shall ensure that, at all times that person is on site, at least one person is present who can communicate to that worker in their native language. Failure to comply with this requirement will be considered a life-safety issue.

e. Language Fluency Personnel required to communicate with the Government must be competent in the English language at a minimum level B2 of the Common European Framework of Reference for Languages: Learning, Teaching, Assessment.

The Contracting Officer shall have the right to determine, without appeal of such decision, whether the proposed representative has sufficient technical and lingual capabilities and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

9.10 Contractor Workforce

a. Foreign Employees The contractor may arrange, through the appropriate Host Nation Government (HN) offices, to bring into the country nationals of third countries (TCN) having diplomatic relations with the host nation for purposes of employment in carrying out this contract work.

Contractors shall be responsible for timely and complete submittal of the necessary information and forms directly to the appropriate HN agency for the required customs clearances, passports, visas, licenses, or permits.

The contractor shall be responsible for the sponsorship of its employees and their dependents and shall process said permits directly with the appropriate HN agency. Offerors are advised that the HN reserves the right to limit access to designated security areas and refuse entry or employment of specified individuals, or to require their departure from the country, in accordance with national or local law and practice.

The U.S. Government does not have influence over the TCN issue and does not warrant the availability of TCN labor. The Contractor is cautioned to review any additional information specified elsewhere in this contract for more stringent requirements or specific restrictions or limitations on the use of foreign workers.

9.11 Contractor Obligation

Contractors shall be responsible for timely and complete submittal of the necessary information and forms directly to the appropriate HN agencies for any and all required customs clearances, passports, visas, licenses, or permits.

9.12 Contract Execution in the Host Nation

a. Access to Areas Under Military Control The laws of the Host Nation (HN) may prohibit access to certain areas of the country which are under military control. Clearances to access these areas must be obtained from the HN. It is understood that areas to which rights of entry are provided by the HN are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the HN.

b. Contractor Responsibility The Contractor shall be responsible for providing the necessary information (such as but not limited to, names of personnel, type, and amounts of equipment, dates and length of time required at the site, and purpose of entering the HN) to the appropriate HN representatives, both civilian and military.

The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors. The Contractor shall be responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price:

a. Official language and type of accounts required to satisfy the officials of the Local Government.

b. Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for visas will be accepted.

c. Passports, health and immunization certificates, and quarantine clearance.

d. Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

e. Strikes, demonstrations and work stoppage.

f. Collection through withholding and payment to local Government, of any HN income tax on employees subject to tax.

g. Arranging to perform work in the HN, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

h. Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, days of rest or other non-work days, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays, and ratio of local labor employed in comparison to others.

i. Possibility of claims in local bureaus,…