B.08.02 W9123721Q0092.pdf

SEE ADDENDUM

(No Collect Calls)

W9123721Q0092 30-Sep-2021

b. TELEPHONE NUMBER

304-399-5169

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 18 Oct 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912379. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRET R. FOLEY

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, CONTRACTING DIVISION

BRET FOLEY, 502 8TH STREET

HUNTINGTON WV 25701

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 304-399-5169 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF117

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

SUMMERSVILLE LAKE

MAINTENANCE SERVICES CONTRACT

TABLE OF CONTENTS

SECTION C-1

GENERAL

C-1.1 BACKGROUND

C-1.2 PERFORMANCE WORK STATEMENT

C-1.3 TASK ORDERS

C-1.4 NEGOTIATION

C-1.5 BUSINESS HOURS

C-1.6 CONTRACTOR SUBMITTALS

C-1.7 PERMITS AND LICENSES

C-1.8 IDENTIFICATION OF CONTRACTOR EMPLOYEES AND VEHICLES

C-1.9 SAFETY REQUIREMENTS

C-1.10 SECURITY REQUIREMENTS

C-1.11 DAMAGE REPORTS

C-1.12 CONTRACTOR EMPLOYEES’ CONDUCT AND COMPETENCY

C-1.13 DAMAGE OR LOSS OF CONTRACTORS SUPPLIES AND PROPERTY

C-1.14 SUPERVISION

C-1.15 ENVIRONMENTAL PROGRAM

C-1.16 CONTRACTOR DISCREPANCY REPORT (CDR)

C-1.17 MORNING MEETINGS

C-1.18 QUALITY CONTROL

C-1.19 QUALITY ASSURANCE

C-1.20 DEFICIENCIES

C-1.21 EMERGENCY WORK

C-1.22 INTERRUPTIONS TO SYSTEMS

C-1.23 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT

C-1.24 CONTRACTOR FURNISHED ITEMS

C-1.25 SAFEGUARDING GOVERNMENT PROPERTY

C-1.26 NOTIFICATION OF WORK TO BE DONE

C-1.27 MINIMUM MANPOWER REQUIREMENTS

C-1.28 MINIMUM PERSONNEL QUALIFICATIONS

C-1.29 C-1.30

COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS

INCLEMENT WEATHER AND HOLIDY WORK

C-1.31 PREWORK CONFERENCE

C-1.32 APPLICABLE PUBLICATIONS

C-1.33 REPORTS

C-1.34 HOURLY RATES – PRICE PROPOSAL

C-1.35 DEFINITIONS

SECTION C-2 MOWING

SERVICES

C-2.1 SCOPE OF WORK

C-2.2 GENERAL

C-2.3 WORK TO BE PERFORMED

C-2.4 MOWING CYCLE

C-2.5 PRUNING

C-2.6 PLANTING OR REPLACING PLANTS

C-2.7 TREE AND BRUSH CUTTING

C-2.8 ACCESS ROAD CLEARING

C-2.9 SERVICE EQUIPMENT

C-2.10 SERVICE AREAS

C-2.11 SPECIAL PROVISIONS

SECTION C-3

CLEANING SERVICES – RECREATION ARES

Not applicable to this contract

SECTION C-4 JANITORIAL

AND POLICING SERVICES

Not applicable to this contract

SECTION C-5

FACILITY REPAIR, MAINTENANCE, AND OTHER NON-ROUTINE WORK

C-5.1 GENERAL

C-5.2 NON-ROUTINE WORK

C-5.3 WORK TO BE PERFORMED

C-5.4 EQUIPMENT LIST

SECTION G

CONTRACT ADMINISTRATION DATA

SECTION H

SPECIAL CONTRACT REQUIREMENTS

SECTION C-1

DESCRIPTION/SPECIFICATIONS

C-1.1. BACKGROUND. The project is located on Gauley River, a tributary of the Ohio River, in Nicholas County near Summersville, West Virginia. The project purposes served are flood control, recreation, water quality control, and fish and wildlife enhancement. Approximate annual visitation to Corps operated recreation areas is 700,000.

C-1.2. PERFORMANCE WORK STATEMENT. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform the operation and maintenance services at the Summersville Lake project, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference. Award of a contract does not guarantee that the Government will order all of the types of services listed under the contract from the Contractor. The Government reserves the right to perform any portion of the services listed.

The quantities listed in the price breakout schedule are approximate and are provided as information only to assist in preparation of bids. They are not guaranteed, and the actual quantities may be more or less than shown.

Variation in these estimated quantities shall not be justification for modification of the contract or request for additional payment.

Contractor's work and responsibility shall include, but shall not be limited to, all planning, programming, administration and management necessary to assure that all services provided are conducted in accordance with the contract and all applicable laws, regulations, codes, or directives. Contractor shall ensure that all work meets or exceeds critical reliability rates or tolerances specified or included in referenced documents. Contractor shall perform all related Contractor administrative services necessary to perform the work such as supply, procurement, quality control, Contractor financial control, and maintenance of accurate and complete records and files.

It is emphasized that the work described in this contract is an important part of the Corps mission. Much of the work described will be performed in public recreation areas. The Corps is committed to "Customer Care" and providing quality professional service. Failure of a Contractor to perform required work, to perform in a timely manner, or to perform quality work could risk public health and safety and result in the following problems:

a. Falls, snakebites, and reduced use and enjoyment of recreation facilities from lack of mowing.

b. Falls, cuts, infections, and accumulated animal feces from areas not being cleaned and inspected.

c. Unsafe boating and limiting of lake surface recreation from a lack of drift removal.

d. Closed recreation areas from inoperable water, sewage and electrical systems.

e. Closed parking areas and road closures from lack of maintenance and repair.

f. Destroyed forests and natural areas from lack of emergency response capability.

g. Closed campgrounds, beaches and parks from lack of operators.

h. Significant dollar losses of recreational benefits.

i. Increased administrative and labor costs required for government performance of contracted work.

Work included in this contract generally involves work associated with operation and maintenance of areas at the specified Government projects. However, in special instances the contractor may be issued a task order under this contract for other Hunting- ton District projects within the State of West Virginia and within 50 linear miles. Examples of these special instances may include but are not limited to damaging storms, wildfires, floods, or other time-sensitive maintenance needs. Task orders issued in these circumstances will be negotiated on an individual basis using contract line items from the price breakout schedule. Work which does not fall under the Performance Work Statement of this contract includes:

a. Repairs to major components of heating or air conditioning systems.

b. Major maintenance or repair to sewage and water treatment systems.

c. Repair to major or critical electrical components.

d. Maintenance or repair to special architectural features.

e. Work involving Government functions pertaining to flow regulation, dam safety, maintenance of permanent operating equipment, and maintenance and repair work (except for vegetative control and cleaning) at dams, intake structures, spillways, embankments, outlet works, levees, pump stations, and other similar structures.

f. Work which requires formal preparation of Government plans and specifications.

g. Work determined by the Government to be more efficiently handled by a specialty contractor such as fencing, carpet shampooing, etc.

h. Work on articles covered by separate warranty.

i. Service and repairs to vehicles and equipment.

C-1.3. TASK ORDERS. All work under this contract will be ordered by issuance of individual Task Orders (SF 1449, see Exhibit K). No work shall be performed under this contract before an individual Task Order has been issued by the Contracting Officer (KO). The KO has three basic ways to order work using this contract: Fixed Price Task Orders, Negotiated Task Orders, and Emergency Task Orders. Only the KO, by issuance of a modification, may make any change to a Task Order. The type of Task Order used will be at the discretion of the KO. The Task Order will list those items from the price breakout schedule that are to be performed or used to perform the work, except for negotiated Task Orders.

C-1.4. NEGOTIATION. Negotiated Task Orders (e.g., using items from C-5 of the Price Breakout Schedule) will be agreed upon by negotiation between the Contractor and the KO. This procedure is typically initiated by the Government, unless otherwise specified in the Request for Proposal Letter, the Contractor shall return the completed proposal within 48 hours of receipt of the request. If the Contractor's proposal is reasonable, the KO will issue a Task Order. If the Contractor's proposal is considered unreasonable, the Contractor and KO will attempt to reach a fair and reasonable price through negotiation. If an agreement cannot be reached, the KO may elect to not issue a task order for the work. The Government reserves the right to obtain services by whatever means deemed to be in the best interest of the Government, including use of its own work force.

The purpose of negotiation is to establish a fair and reasonable price for the job under consideration. The Government and Contractor will negotiate toward the most efficient method of work and the number of hours required. For negotiations, the Summersville Lake Office is the starting and stopping point for work crews. The most efficient method is that method of work which accomplishes the job safely and at the lowest price. Once negotiated the Contractor must perform the job using the method of work and line items agreed upon during negotiations.

C-1.5. BUSINESS HOURS.

a. Normal Business Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:30 a.m. to 4:00 p.m. or as specified on the Task Order. Work inside Government buildings or other secured areas shall be performed during the above referenced work hours. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the COR. Refer to individual sections of this specification for specific schedules of work.

b. Holiday Work. The eleven Federal holidays observed are:

New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Juneteenth (June 19th) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday.

When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the COR.

Work may be required on holiday periods during heavy visitation, emergencies, or for other reasons as determined by the COR. Additional personnel may be required to handle the additional workload during holiday periods because of heavy visitation. The COR will notify the Contractor of actual work requirements.

c. Emergency Working Hours. Emergency working hours shall be 24 hours per day, 7 days per week.

d. Inclement Weather Work. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the COR when severe conditions make it impractical or dangerous to perform the work. The KO will notify the Contractor by modification to the Task Order, of any change that extends the performance period due to inclement weather.

C1.6. CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the COR one week prior to the pre-work conference for this contract (Also listed on Exhibit A):

a. Quality Control Plan. A suggested outline for the Contractor’s Quality Control Plan is in Exhibit G.

b. Contractor Quality Control Inspector. List of Quality Control Inspectors.

c. Contractor Representatives. List of names of Contractor Representatives.

d. Accident Prevention Plan (APP). The Basic Outline for the Contractor’s Accident Prevention Plan is in Exhibit D. See Section C-1.9.b for APP requirements.

e. Emergency Contacts. A prioritized list, including phone numbers, of those per sons (normally Contractor Representatives) to call in case of emergencies.

f. Operators. A list of names of qualified equipment/vehicle operators, including experience, training and qualification to operate specific equipment.

g. Certificate of Insurance. (See Section H)

h. Security Requirements. (Section C-1.10)

C-1.7. PERMITS AND LICENSES. The Contractor shall, at his own expense, obtain any licenses or permits required to perform the contract. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes. Regulations by the West Virginia Department of Labor (WVDOL) require all contractors working in the state to have a current West Virginia Contractors License. The WVDOL may be contacted at (304) 558-7890 for details.

C-1.8. IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. The Contractor shall furnish his employees, other than office and clerical personnel, standardized uniforms with the contractor’s company name printed legibly and professionally on the shirt or vest, within 30 days after notice of award of the contract. Any employee hired 30 calendar days after award of the Contract shall be in the required uniform within 14 calendar days of the date of hire.

Contractor uniforms shall not resemble U.S. Army Corps of Engineers uniforms. Blue-jeans type pants and T-shirts with sleeves will be considered acceptable uniforms. Work vests meeting the requirements of High Visibility Apparel as specified in Section C-1.8, may be used as the standardized uniform when worn over a shirt/jacket and when the contractor’s company name is printed legibly and professionally upon the vest. Stained or faded uniforms shall not be worn. Contractor employees and subcontractors shall wear these uniforms at all times they are performing work under this contract. Exceptions may be granted by the COR for short term workers, or during disasters, emergencies, wildfire control, or special circum- stances specified by the COR.

All vehicles used by the Contractor to perform work under this contract shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an attractive and readily visible means of identification. The Contractor may require his employees to report in their own vehicles to the project, but these personal vehicles must be parked in the Contractor's compound, or at a site designated by the COR. All vehicles used in performance of work must be marked. Vehicles used by the Contractor to perform administrative functions such as morning meetings or crew supervision must also be marked.

C-1.9. SAFETY REQUIREMENTS.

A. General. Contractor shall comply with all Federal, State and Local safety requirements including those specified by the Occupational Safety and Health Act (OSHA) in 29 CRF 1910 General Industry Standard, 1926 Construction Standard and the U.S. Army Corps of Engineers Safety & Health Requirements Manual EM 385-1-1 as currently revised. Where a conflict exists between safe- ty standards/requirements the contractor shall comply with the more stringent requirement. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, any project employee may stop 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.

B. Contractor Accident Prevention Plan (APP). The Contractor shall pre- pare a site-specific

Accident Prevention Plan following the outline provided in EM 385-1-1, Appendix A as a minimum.

The contractor shall address each element and sub-element in the outline in the order they appear in Appendix A. Any item from the outline that does not apply must be listed, in its assigned place and a brief explanation of the reason it is not required/provided. The APP shall address any unusual or unique aspects of the project or activity. This plan must be accepted by the Contracting Officer prior to commencement of any work. Contractors are encouraged to contact the USACE Safety & Occu-pational Health Office for questions or information regarding the development of contract Accident Prevention Plans. Office hours are Monday-Friday 8:30 a.m.- 4 p.m. at (304)399- 5039/5032/5326. The web address for EM 385-1-1 is:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

Note: The contractor shall employ a Site Safety and Health Officer (SSHO) who has completed OSHA 30 hour Construction or General Industry Safety training or its equivalent (only authorized online outreach training providers qualify – https://www.osha.gov/dte/edcenters/map.html) and has five (5) years’ experience relative to the work to be performed. SSHO credentials shall be submitted for review and acceptance with the APP.

SSHO shall complete a minimum of eight (8) hours of safety training annually.

(1) For Negotiated task orders where the Risk Assessment Code (RAC) of the AHA is high or extremely high risk, the SSHO shall be on-site and have no other duties. Following is a list of jobs normally considered high or extremely high risk (This list is not necessarily all inclusive, each task must be evaluated to determine risk):

Repair buoys

Attach anchors & cables

Drift/Debris cleanup

Work with exposures to hazardous, toxic, or radio- logical waste.

Topping trees

Removing/anchoring fallen trees

Remove beaver dams

Bridge decking

Fire Fighting

(2) For limited-service contracts, such as cleaning, janitorial, routine mowing, general grounds-keeping and low risk negotiated task orders, SSHO responsibilities may be a collateral duty. The Collateral duty SSHO shall have an OSHA ap- proved 30-hour safety course. Following is a list of jobs normally considered low to moderate risk:

Removing or replacing bulletin boards, signs, barricades, gates, bumpers, curbs, fences & posts

Planting seeds, installing grills, lantern posts, fire rings, & other campground

Repairs to fences, play equipment, game courts, picnic units & shelters.

Boundary marking

Cleaning culverts

Spreading gravel or anchoring picnic tables

Minor landscaping

Routine building maintenance (painting, plumbing, caulking, patching, finishing, sheet rock, floor tile, carpet, etc.

(3) For very low risk jobs and jobs requiring only one person, such as, field walk-over, surface soil sampling or long-term water sampling, the SSHO may be collateral duty.

(4) Work crews of two or more must have two people holding current certification in First Aid and CPR from the American Red Cross, American Heart Association, or a licensed physician.

Training must include a hands-on component that cannot be taken online, and the contractor must maintain appropriate First Aid kit on site. Single individuals working alone must have current certification in First Aid as a minimum.

(5) All work that potentially exposes the worker to falls of six feet or more will re- quire the contractor to submit a Site-Specific Fall Protection & Prevention Plan in accordance with EM 385-1-1, Section 21.D.

(6) Cranes and hoisting equipment shall be operated only by qualified personnel (operators licensing, physical and drug testing in accordance with EM 385-1-1 Section 16.B). Note: CDL Medical Clearance is not acceptable. Please see attached medical clearance requirements.

(7) Effective November 8, 2010 all “Signalpersons” and “Riggers” shall be qualified. This is a mandatory requirement in accordance with 29 CFR 1926.1400 Regulations. Riggers must be a qualified person for the performance of specified hoisting activities such as during assembly/disassembly, in accordance with OSHA 1926.1404(r)(1) and 1926.1425(c)(3).

(8) Task orders involving potential exposure to Hazardous, Toxic or Radiological Waste shall require development of Site-Specific Safety and Health Plan (SSHP) by qualified personnel as specified in EM 385-1-1 Sections 6 and 33.

C. Risk Management Process. The Contractor shall utilize risk management tools such as Activity Hazard

Analysis (AHA), Job Hazard Analyses (JHAs), Job Safety Analyses (JSAs) or similar tools to identify, assess, prioritize risks and develop controls to minimize, monitor and control the probability and/or impact of unfortunate events to an acceptable level. Within each major phase, all activities, tasks, or Definable

Features of Work (DFOWs) shall be identified that will require an AHA/JSA/JHA. For each work activity, task or DFOW contractor shall prepare the initial AHA/JSA. A Risk Assessment Code (RAC) is assigned to each step, to the risk that remains after controls have been applied (residual risk) a final RAC (cannot be lower than the highest step RAC) shall be assigned. See EM 385-1-1 Section 01.A.14.b. For further guidance or contact the SOHO for assistance. The AHA/JSA/JHA shall be reviewed and accepted by the proper authority to proceed with the activity. All on-site employees shall review the accepted AHA/JSA/JHA prior to performing work and during weekly and “Tool Box” safety meetings as appropriate.

1. AHA/JSA/JHA shall define the activities being performed and identify the work sequences, the specific anticipated hazards, site conditions, equipment, materials, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk. AHA/JSA should indicate compliance with EM 385-1-1 personal protective equipment requirements (safety-toed work boots, safety glasses, gloves, hard hats, etc.), work crews of two or more must have two people currently qualified in first aid and CPR and the appropriate first aid kit on site. Single individuals working alone must have current certification in First Aid only.

2. The names of the Competent Person(s) and Qualified Person(s) required for a particular activity (e.g., excavation, scaffolding, fall protection, or other activities as specified by OSHA and this manual) shall be identified and included in the AHA/JSA/JHA, as well as proof of their competency/qualification.

D. Accident/Mishap Reporting: The Contractor shall report all recordable mishaps to the GDA within 24-hours in accordance with EM 385-1-1 Section 01.D. Accidents shall be investigated to determine causal factors and corrective actions shall be implemented. Accidents resulting in: days away injuries, days away illnesses, restricted/transfer injuries, property damage of $5,000.00 or more shall be investigated and reported to the GDA using the USACE Accident Investigation Report Form ENG 3394 (Exhibit C) within 24 hours of the occurrence.

(1) Immediate notification to the GDA is required for all serious accidents:

a. Fatal Injury/illness.

b. Permanent totally disabling injury/illness.

c. Permanent partial disabling injury/illness.

d. One (1) or more persons hospitalized as inpatients as a result of a single occurrence.

e. $500,000 or greater accidental property damage.

f. Three (3) or more individuals become ill or have a medical condition suspected to be related to a site condition, or a hazardous or toxic agent on the site.

g. USACE aircraft destroyed or missing.

The Contractor shall maintain an OSHA Log of Work-Related Injuries and Ill- nesses, OSHA Form 300 and comply with all accident reporting and record keeping requirements specified in 29 CFR 1904.39.

(2) In addition to the above, any mishap occurring in any of the following high hazard areas shall be reported immediately to the GDA, investigated and corrective actions implemented.

a. Electrical (includes Arc Flash, electrical shock, etc.).

b. Uncontrolled Release of Hazardous Energy (includes electrical and non-electrical).

c. Load Handling Equipment (LHE) or Rigging.

d. Fall-from-Height (any level or other than same surface).

e. Underwater Diving

C- 1.10. SECURITY REQUIREMENTS

All Contractors and subcontractor employee(s) working on any contract who require access in and/or around any Huntington District facilities, projects, owned or leased facility/space shall receive authorization to be on site at these areas based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors” (HSPD 12).

The Huntington District Security Management Office shall submit contractor(s) personal information to complete the basic background investigation in order to make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on any contract based upon the results of the background investigation provided by the Huntington District Security Management Office. The Government, Contractor, and subcon tractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Huntington District Security Management Office has completed an Operations Security (OPSEC) review of such items and determined they can be released.

FOR ALL CONTRACTS 1-YEAR AND SUBSEQUENT OPTION YEARS:

Contractors shall submit a complete investigation packet for each contractor and sub- contractor employee to the Huntington District Security Management office within 10 calendar days after award of any contract, or prior to the individual being permitted unescorted access in or on District facilities.

The Contractor must also provide the following: (1) Name of the Contract Specialist with whom he/she is working,

(2) Project Name, (3) Contract Number (4) Task Order Number when applicable, and (5) Security Information Sheet on each employee working on site must be submitted directly to the Huntington District Security Management Office.

The Contractor must provide a full legal name, complete SSN#, Date of Birth, Place of Birth (City and State) and Driver’s license number if available. It is the Contractor’s responsibility to ensure the above information is accurate and legible, otherwise delays may occur.

Contractors shall have background checks completed for their employees annually in the case of Contracts with option periods. For instance, if the employee was cleared in May of 2018, they shall be cleared again in May of 2019. It is the Contractor’s responsibility to ensure that each employee’s security is up to date. Failure to comply may lead to possible removal from the project/jobsite.

The Contractor must ensure if new employees are brought in to work on an existing contract with the U.S.

Army Corps of Engineers (USACE), they must process the employee through the Huntington District USACE Security Management Office for background purposes.

FOR CONTRACTORS REQUIRING DOD COMMON ACCESS CARDS (CAC)

The documents listed below are required:

SF 85, Questionnaire for Non-Sensitive Positions (see http://www.opm.gov/forms/ to print form). FD 258, Contractor Fingerprint Card (one card for digital prints, two for ink prints) (NOTE: a trained/qualified individual must take prints, ORI block on the FD 258 must be USOPM000Z) (Contractor Fingerprint Cards (FD-258) may be obtained by Contracting Division by contacting the Huntington District Security Management Office).

Contractor shall report any changes in personnel, or at any time conditions change at least 5 business days prior to individual(s) need to have access to the site. The Contractor shall provide the same information as listed above for all new employees.

Following submission of paperwork, the Huntington District Security Management Office will conduct an initial criminal check based upon the information provided. If there are no issues, the Huntington District Security Management Office will make recommendations to the PCO or their Designated Representative. The Huntington District Security Management Office cannot give approval due to unfavorable report(s). The Huntington District Security Management Office shall coordinate with Office of Counsel and will jointly make recommendations to the PCO and/or the Designated Representative should a background investigation come back with derogatory information. The PCO will make the determination whether to allow the Contractor personnel to work on the site based on Security and Office of Counsel recommendations, and the PCO will advise the Contractor of the decision.

FOREIGN NATIONALS

The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters staff to complete. All Foreign Nationals must be cleared 30 to 45 calendar days in advance of any site visit, tour, or work on USACE owned/leased property. All Foreign Nationals must comply with the following paragraph:

In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees. The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States. Such documentation shall include at least one of the following: a U.S. passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I-688A), etc.

In order to assure forms are properly completed, and to minimize time delays, the Contractor is encouraged to work closely with the Huntington District Security Management Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work. A scanned copy of a valid passport must be sent to the Security Management Office in order to formally request a visit to any Huntington District facilities, projects, owned or leased facility/spaces.

Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, Engineering or Army regulation or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract.

The Contractor shall contact the Huntington District Security Management Office by phone, letter, or email at the following numbers/addresses:

CELRH-SM

502 Eighth Street Huntington, WV 25701

Scott E. Grandon, phone (304) 399-5661; email scott.e.grandon@usace.army.mil Stephen R. Curry, phone (304) 399-5695; email stephen.r.curry@usace.army.mil

Matthew D. Green, phone (304) 399-5294; email matthew.d.green@usace.army.mil

Sandra L. Hardwick, phone (304) 399-5612; email sandra.l.hardwick@usace.army.mil

AT/OPSEC Requirements. The following shall be accomplished by the contractor before any work will be ordered:

1. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA

ATO in presentation form which will be documented via memorandum."

2. Access and General Protection/Security Policy and Procedures. 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 or background investigation and to meet installation/facility 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.

2b. For contractors who do not require CAC, but require access to a DoD facility or installation.

Proposed language: 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 190-13), 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.

4. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say

Something). This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "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."

6. For Contracts that Require an OPSEC Standing Operating Procedure/Plan. This standard language text is for contractor employees with an area of performance for classified contracts or if the contract employee has access or responsibility to protect critical information. The Contractor, in collaboration with RA OPSEC Officer, shall develop an OPSEC Standard Operating Procedure (SOP)/Plan within 90 calendar days of contract award per AR 530-1 (Operations Security).

Proposed language: "The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer.

The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator."

15. Pre-screen candidates using E-Verify Program. The Contractor must pre- screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

C-1.11. DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the COR. When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the COR, within two (2) business days (less weekends and holidays) of occurrence. For property damage accidents of $5,000.00 or more the Contractor will complete and submit to the COR a copy of ENG 3394.

C-1.12. CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All Contractor employees shall conduct themselves in a proper manner at all times. Since the majority of work shall be performed in the presence of the public, the conduct of all employees is critical and will be closely monitored. Use of controlled substances or consumption of beer or alcoholic beverages by Contractor employees is strictly prohibited.

The Contractor expressly agrees to remove from the site any individual whose continued employment is deemed by the COR to be contrary to the public interest or inconsistent with the best interests of the U. S. Army Corps of Engineers and will not use such individual to perform duties or services under this contract.

The Contracting Officer or COR may require the Contractor to immediately remove from the work site any employee of the Contractor who is incompetent, or who endangers persons or property, or whose physical or mental condition is such that it would impair the employee's ability to satisfactorily perform the work. Notification to the Contractor shall be made in person or by telephone promptly and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract, and immediate employee replacement shall be made as required.

C-1.13. DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment, and the personal property of Contractor employees from loss, damage, or theft. The Government assumes no responsibility for theft, damage, etc., of the above.

C-1.14. SUPERVISION. The Contractor or a Contractor Representative shall personally supervise the work or be readily available by phone or other means of communication to respond to any contract issue that may arise when work is in progress during normal work hours (7:30 am to 4:00 pm) Eastern Time, Monday through Friday. The Contractor and/or their 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.

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

In addition to Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCIs) who shall perform the Contractor's Quality Control Program. 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 when necessary. A QCI shall be appointed for each work crew. For work performed outside normal working hours, a Contractor Representative or QCI shall be present at the work site.

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

The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representative(s) or QCI(s) shall be submitted in writing to the COR before work is performed.

The Contractor shall maintain and review copies of contract work requirements, specifications, Activity Hazard Analysis, etc., at each work site which relate to each person's work responsibilities and shall review them to insure employee’s comprehension of a job prior to initiating work.

C-1.15. ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations, and standards regarding environmental protection. All environmental protection matters shall be coordinated with the COR. Any of the facilities operated by the Contractor may be inspected by the COR, or other Federal, State, and local officials on a non-notice basis. Access for inspection shall be granted upon request.

Citations against Government facilities operated by the Contractor for non-compliance with environmental standards are a matter for resolution between the Government and the issuing office. Payment of fines or penalty charges associated with citations issued by Federal, State, or local officials will be paid by the Government. If the citations are issued due to faulty operation or maintenance practices of the Contractor, the KO will deduct the fine from any monies due the Contractor.

The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked, or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup in accordance with Federal, State and Local Law. Such spills shall be reported to the COR immediately.

C-1.16. CONTRACT DISCREPANCY REPORT (CDR). A CDR is a formal document used by the Government to process defects in services (See Exhibit M). As initially issued to the Contractor, the CDR describes the discrepancy or problem. The CDR will be discussed with the Contractor or his representative when it is issued. The Contractor shall provide his written (legible) response on the CDR form within 24 hours of issuance. The Contractor's response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

The COR and KO will evaluate the Contractor's response and take appropriate action, which may include making necessary deductions. 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, etc., the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer monitors all CDR's issued, and CDR's are the principal evidence used by the Contracting Officer in determining Government contract actions such as termination or decision not to exercise options.

C-1.17. MORNING MEETINGS. The Contractor or his authorized representative shall report, in person, by 9:00 am on days requested by the COR to discuss contract work items. Specific topics of discussion at the morning meetings may include issuing task orders, request for estimated, negotiation, inspections, quality control, and upcoming work. If a CDR is issued, mutual effort will be made to resolve any and all problems identified to preclude their recurrence. The reporting time and method (via phone) can be changed if a mutually agreeable time and method can be arranged between the COR and Contractor.

C-1.18. QUALITY CONTROL. The Contractor shall establish 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 deficiencies in the quality of services performed before the level of performance is unacceptable. This program must be approved by the Contracting Officer prior to commencement of any work. One copy of the Contractor’s quality control program shall be provided to the COR at least one week prior to the pre-work conference. An updated copy shall be provided to the Contracting Officer and COR on the contract start date, and as changes occur.

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

a. An inspection system including all the services stated in the contract specifications. It shall specify areas to be inspected on either a scheduled or unscheduled basis and the individuals who shall do the inspection.

b. A method of identifying deficiencies in the quality of services performed before the level of performance is unacceptable.

c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the COR.

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

e. A method of coordinating each work crew's activities with the COR and/or Inspector.

A suggested format for the Contractor Quality Control Plan is contained as Exhibit G. The Contractor may use any or all portions of this plan to prepare a plan of his own. A signed plan, including Contractor specific information, shall be provided to the Contracting Officer and the COR prior to the pre-work conference. If changes to this program occur, updated copies shall be provided to the KO and the COR.

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

C-1.19. QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the right 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.