B.08.02 W912DR20Q0067 Raystown Lake Equipment Rental.pdf

SEE ADDENDUM

(No Collect Calls)

W912DR20Q0067 13-Jul-2020

b. TELEPHONE NUMBER

410-962-4978

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 27 Jul 2020

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.

W912DR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

AISHA R BOYKIN

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 BALTIMORE

2 HOPKINS PLAZA

BALTIMORE MD 21201

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: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

238910

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 OF44

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 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTION TO OFFERORS

Quotations must be submitted via e-mail to Aisha Boykin at aisha.r.boykin@usace.army.mil no later than the due date shown in Block 8 on page 1 of the solicitation.

Questions concerning this solicitation must be submitted by e-mail no later than 1100 am (EST) on 20 July 2020 to Aisha Boykin at aisha.r.boykin@usace.army.mil.

Lack of an active registration in the system for award management (SAM) database will make an Offeror ineligible for award. Offerors and contractors may obtain information on registration and annual confirmation requirements by calling 1-888- 227-2423 or https://sam.gov/SAM/.

In accordance with the request for quote (RFQ) the Government will award a Firm Fixed Price (FFP) purchase order to the responsible Offeror whose quotation conforms to the requirements as stated in this request for quotations (RFQ).

Basis of Award

The Government intends to evaluate quotations and make award without discussions with Offerors. Therefore, the Offerors initial quotation shall contain the Offerors best terms from a technical and price standpoint. Quotations with an omission or unclear quote may be judged to mean the contractor does not fully understand the requirement or understand what it takes to meet the requirement, regardless of the proposed cost/price, and will be rated unacceptable. In that case, the Offeror may be found unacceptable, and ineligible for award. The Government reserves the right to ask questions of Offerors if the Contracting Officer determines them to be necessary.

The award will be made using the Lowest Price Technically Acceptable (LPTA) approach in accordance with the Federal Acquisition Regulation (FAR) 13.1, based on the following three (3) evaluation factors: Technical, Past Performance, and Price.

To receive consideration for award, a rating of no less than “Acceptable” must be achieved. Offerors are cautioned that the award may not necessarily be made to the lowed priced if rated technically unacceptable.

A. Evaluation Factors:

Factor 1 – Technical Offeror must submit an equipment plan, capability plan work plan and provide the required certifications/insurances. Evaluation of the Offeror’s quote will address each element listed in Factor 1 – Technical as it applies to the Performance Work Statement.

Factor 2 – Past Performance

a. The Offeror must submit three (3) references for the same or similar work performed as it’s contemplated by this solicitation. Include a brief narrative of the work performed, location, dollar value and contact information. Work shall be within the last three (3) years.

b. The Offeror is to provide the references in “A” above the enclosed PPQ-0, Past Performance Questionnaire to complete. The references are to return the completed PPQ-0 directly to Aisha Boykin, Purchasing Agent, U.S. Army Corps of Engineers via e-mail at aisha.r.boykin@usace.army.mil

Factor 3 – Price Pricing shall not include any text or assumptions associated with the technical aspects of completing the work. Pricing shall be provided on a firm fixed basis.

B. Evaluation Factors Rating Factor 1 - Technical:

The offer will be evaluated to ensure all the items below are provided:

Technical Requirements: This information consists of the Offeror’s intended approach to executing the contract.

1. Equipment plan: The proposed equipment list should only include the equipment which will be used on this contract. Equipment listed should be identified to complete excavation tasks and similar work. Include size, make, model, and ownership (owned or rented) of equipment.

2. Capabilities plan: The proposed capabilities should include adequate documentation to illustrate the Offeror’s capabilities to successfully complete the work identified within the solicitation.

The Government will check Offeror’s equipment and capabilities for each project for completeness and reasonableness. Government will evaluate the clarity and strength of the overall organization and how well it is organized and structured to execute the entire performance work statement. The Government will evaluate the capability of the firm to execute the project. The Government will evaluate the Contractor’s resources to determine if it has the capability to self-perform the required amount of the project, in accordance with public policy to assure adequate interest in and supervision of all work.

Technical Rating

Adjectival Ratings Definition Acceptable Offeror clearly meets the minimum requirements of the solicitation.

Unacceptable Offeror does not clearly meet the minimum requirements of the solicitation.

Factor 2 - Past Performance:

Past performance refers to the quality of recent project experience from the customer’s perspective. The Offeror shall arrange for the reference customer point of contact for two projects to fill out the Past Performance Questionnaire and return directly to Aisha Boykin, Contract Specialist, e-mail at aisha.r.boykin@usace.army.mil. The questionnaires must be forwarded directly by the references. Ensure that the reference is clearly marked for the applicable Offeror when submitted. The Government will not release the questionnaire forms to the Offeror at any time, in order for the Government to solicit candid, unbiased responses and comments. In addition, the Offeror shall provide three (3) references for previously completed jobs. References shall include a point of contact and contact information. These references must be relevant to the work which will be performed in this contract and recent (within the past three (3) years).

Past Performance Rating Adjectival Rating Definition

Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

Neutral No past performance submitted.

Factor 3 - Price The Offeror’s price will be evaluated to determine price reasonableness.

The bid schedule must be filled out completely. Government template will be provided. All line items must be priced. Quotes providing partial pricing shall be considered non-responsive.

Pricing will be evaluated in accordance with FAR 15.402. The Government will evaluate quotes for award purposes by adding the total of all contract line item prices to ensure that pricing is not unbalanced.

Prices which are excessively high or low may be considered unrealistic and unreasonable may receive no further consideration. The Government reserves the right to request additional pricing information after receiving the quote if it cannot determine price reasonable with the information provided.

Offeror must complete all line items to be considered for award. This submission item is not rated. Award will be made for the lowest-price, technically acceptable offer.

USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0) CONTRACT INFORMATION (Contractor to complete Blocks 1- 4)

1. Contractor Information

Firm Name: CAGE Code:

Address: DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information

Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine

How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information

Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

NOTE: Past performance refers to the quality of recent project experience from the customer’s perspective. The Offeror shall arrange for the reference customer point of contact for three projects to fill out the Questionnaire and return directly to Aisha Boykin, Purchasing Agent, e-mail at aisha.r.boykin@usace.army.mil. The questionnaires must be forwarded directly by the references. Ensure the reference is clearly marked for the applicable Offeror when submitted. The Government will not release the questionnaire forms to the Offeror at any time, in order for the Government to solicit candid, unbiased responses and comments. Three references from previously completed jobs must be submitted and include a point of contact and phone numbers. These references must be relevant to the work which will be performed in this contract. Relevant work is defined as equipment rental services. References must be recent within the past 3 years.

RATING DEFINITION NOTE

(E) Exceptional Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit.

The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.

(VG) Very Good Performance meets contractual requirements and exceeds some to the Government’s/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified.

(S) Satisfactory Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

A Satisfactory rating is appropriate when there were only minor problems, or major problems that the contractor recovered from without impact to the contract.

There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

(M) Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented.

A Marginal is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner.

(U) Unsatisfactory

Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.

An Unsatisfactory rating is appropriate when multiple significant events occurred that the contractor had trouble overcoming and which impacted the Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating.

(N) Not Applicable

No information or did not apply to your contract Rating will be neither positive nor negative.

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

TO BE COMPLETED BY CLIENT

1. QUALITY:

a) Quality of technical data/report preparation efforts E VG S M U N

b) Ability to meet quality standards specified for technical performance E VG S M U N

c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance

E VG S M U N

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

E

VG

S

M

U

N

2. SCHEDULE/TIMELINESS OF PERFORMANCE:

a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met please address below)

b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract

E VG S M U N

3. CUSTOMER SATISFACTION:

a) To what extent were the end users satisfied with the project? E VG S M U N

b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes;

responsiveness to administrative reports, businesslike and communication)

c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer?

E VG S M U N

d) Overall customer satisfaction E VG S M U N

4. MANAGEMENT/ PERSONNEL/LABOR

a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force?

E VG S M U N

b) Ability to hire, apply, and retain a qualified workforce to this effort E VG S M U N

c) Government Property Control E VG S M U N

d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N

e) Utilization of Small Business concerns E VG S M U N

f) Ability to simultaneously manage multiple projects with multiple disciplines E VG S M U N

g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changes

E VG S M U N

h) Effectiveness of overall management (including ability to effectively lead, manage and control the program)

E VG S M U N

5. COST/FINANCIAL MANAGEMENT

a) Ability to meet the terms and conditions within the contractually agreed price(s)?

E VG S M U N

b) Contractor proposed innovative alternative methods/processes that reduced E VG S M U N

PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.

cost, improved maintainability or other factors that benefited the client

c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns)

d) Is the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section.

Yes No

e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.

Yes

No

f) Have there been any indications that the contractor has had any financial problems? If yes, please explain below.

Yes No

6. SAFETY/SECURITY

a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues?

(Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.)

b) Contractor complied with all security requirements for the project and personnel security requirements. E VG S M U N

7. GENERAL

a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues).

b) Compliance with contractual terms/provisions (explain if specific issues) E VG S M U N

c) Would you hire or work with this firm again? (If no, please explain below) Yes No

d) In summary, provide an overall rating for the work performed by this contractor.

E VG S M U N

Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):

BID SCHEDULE

BID SHEET

RAYSTOWN LAKE

EQUIPMENT RENTAL CONTRACT

CLIN DESCRIPTION QTY UNIT

PRICE

U/M AMOUNT

0001 Trackhoe/excavator with operator (36,000 lb. minimum)

280 HR

0002 Backhoe/Loader with operator (14,000

lb. minimum)

40 HR

0003 Bulldozer with operator (14,000 lb.

minimum, track mounted, 90 in.

minimum width)

40 HR

0004 Skidsteer with operator (track and wheel operated, 6,000 lb. minimum)

100 HR

0005 Smooth drum vibrating road compactor with operator (self-propelled roller, rolling width min 60 in., SD 70 or equivalent, 7 ton)

40 HR

0006 Dump truck with operator (15 ton capacity, tandem axle minimum)

200 HR

0007 Laborer 340 HR

TOTAL AMOUNT

Failure to quote on all line items may be cause for rejection of the proposal

PERFORMANCE WORK STATEMENT

DESCRIPTION/SPECS/WORK STATEMENT

Raystown Lake Project, Baltimore District, U.S. Army Corps of Engineers at Raystown Lake will oversee contract equipment rental, operators, and laborers for a period beginning not more than 30 days after award.

Raystown Lake is located in Huntingdon and Bedford counties in South Central Pennsylvania, approximately 95 miles west of Harrisburg and 175 miles east of Pittsburgh. It is south of the town of Huntingdon and approximately 70 miles from the Pennsylvania-Maryland border. The main access to the Raystown Lake Project from the north is via highway PA 26 South from PA 22 at Huntingdon and north from the Pennsylvania Turnpike (I 76) via US 30 to PA 26 north. The dam site is located approximately three (3) miles southeast of Huntingdon; recreation areas are located there and spread along the lake for the next 20 miles south along PA Route 26. The Susquehannock Campground is located approximately 10 miles south of Huntingdon and approximately two (2) miles east of Hesston, PA along Baker's Hollow Road in Penn Township. Huntingdon Pennsylvania, approximately 13 miles to the North, has a population of 8,000.

1. LOCATION AND DESCRIPTION OF WORK.

1.1. The contractor shall furnish all labor and equipment, including equipment operators, necessary to perform excavation and soil moving tasks at the Raystown Lake Project. The services will extend from the date of award plus 9 months.

1.2. The primary work site will be located within the Susquehannock Campground Area at Raystown Lake in Huntingdon County, Pennsylvania. Work will be focused on leveling recreational campsites, parking areas, picnicking areas, and improving access road(s). See Appendix A for a conceptual layout of the existing Susquehannock campground; work will be focused on campsites 40-62 and associated areas.

1.3. It is possible that additional work may occur in the Seven Points Recreation Area, Snyder's Run Lake Access, James Creek Lake Access, Nancy's Camp Boat-to-Shore Campground, and other recreation areas as needed, depending on available funding.

1.4. The work is to be performed under the direction of the Contracting Officer or the Authorized Representative of the Contracting Officer and may include, but is not limited to, the following:

1.4.1 Trackhoe, backhoe, bulldozer, skidsteer, and roller, with operators - excavate soil and shale; prepare, install, and remove concrete barricades; remove trees, saplings and stumps where necessary; cut and compact roadway and campsites; cut drainage ditches; place drop boxes and culverts; cut and fill sloped areas; place backfill.

1.4.2. Truck(s) with Driver - Move fill material to and from the work sites. Haul materials to or from a Corps storage area located within 10 miles of the work area.

1.4.3. Laborer - Cut trees, stack and load slash, place culverts, operate chainsaw, place landscaping materials, operate contractor provided small hand tools.

1.4.4. On Site Work Coordinator - Plan daily work, insure adequate workers are on site to accomplish tasks, coordinate with COR to insure equipment is at the job site as needed, direct the work of equipment operators and laborers, insure implementation of the contractor safety plan and compliance with EM 385-1-1, maintain equipment hour logbooks, ensure equipment is maintained in an operational condition, and insure compliance with the terms of this contract.

2. PERIOD OF WORK.

2.1. The work on this contract shall be on an as needed basis, targeted for 2020 and possibly continuing into 2021.

The contractor shall be prepared to commence work no later than 30 days after date of contract award.

2.2. The Contractor will not be permitted to work more than ten (10) hours per day or forty (40) hours per week unless approved in advance by the Contracting Officer. Payment for equipment actually worked in accordance with these provisions will be made at the prices shown in the Bidding Schedule. Payments will be made to the nearest ½ hour.

2.3. No payment will be made for idle equipment. Idle equipment is equipment not working for any reason, i.e., broken down, adverse weather, or equipment not needed in the operation. The contractor will maintain a logbook for each piece of equipment detailing beginning and ending time to the nearest 1/2 hour when any piece of equipment is in actual use. Where possible the contractor will record time of use from the time meter on the equipment. These logbooks will be available for review by the COR or his representative upon request. In addition the contractor will supply weekly, a daily accounting listing of all equipment and labor hours utilized.

3. OPERATION

3.1. Equipment will be in condition to render efficient, economical, and continuous service. Failure of the equipment to perform to the satisfaction of the Contracting Officer will be sufficient cause for the termination of the contract by the Government, or the requirement by the Government that the equipment be replaced with equipment of satisfactory performance.

3.2. The contractor may be required to work with other contractors and employees of the Corps of Engineers or those working on behalf of the Corps of Engineers.

4. TRANSPORTATION.

4.1. Transportation of equipment and personnel to any job site on Raystown Lake from off the project will be at the expense of the contractor.

4.2. Contractor will furnish support vehicles sufficient to meet needs for transportation of personnel, equipment, and supplies within and between job sites at the project.

5. CONTRACTOR TO BEAR ALL EXPENSES OF OPERATION AND REPAIR.

The contractor will furnish at his own expense all skilled operators, labor, fuel, safety equipment and vehicles necessary for equipment transportation and bear all expenses incidental to the efficient operation of the required equipment, including repairs or non-operating equipment.

6. CONTRACTOR EQUIPMENT.

6.1. All equipment to be used must be inspected and approved by the Contracting Officer or authorized representatives prior to use and at any other time deemed necessary by the Corps of Engineers. All items must have operable safety equipment as specified in EM 385-1-1, Safety and Health Requirement Manual. A copy of EM 385- 1-1 can be viewed at http://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health-Requirements- Manual/

6.2. Contractor equipment may be stored on Government property and behind a secured gate if located within the work proximity. The contractor will be storing the equipment at his/her own risk.

6.3. All contractor employees must have and use personal protection devices as specified in EM 385-1-1 (see section 6.1.). That equipment includes, but is not limited to, safety footwear, hard hats, eye protection, gloves, hearing protection, and chain saw chaps. Required items will be furnished and replaced by the contractor at no cost to the Government.

7. CONTRACTOR RESPONSIBILITIES

7.1. The contractor will be responsible for notifying the PA ONE CALL system of the work to be performed with adequate lead time in advance of the start of operations.

7.2. The contractor will place and maintain in a functional condition all siltation and erosion prevention devices as required by the Corps of Engineers (see section 8.).

8. GOVERNMENT FURNISHED MATERIAL

8.1. The Government shall be responsible for obtaining all Federal, state and local permits that may be required and the submission of any reports required.

8.2. The Government shall develop an Erosion and Sedimentation Control Plan and provide appropriate materials and directions for implementation by the contractor.

9. PAYMENTS.

Payments to the Contractor will be made in accordance with Paragraph 2 above, "PERIOD OF WORK." Unless otherwise provided in the specifications, partial payments can be made at the end of each two (2) week period.

Invoices shall be prepared for, and submitted to Operations Manager, U.S. Army Corps of Engineers, 6145 Seven Points Road, Hesston, PA 16647. Invoices shall contain the following information: contract number, item number(s), description of equipment used, number of hours used, hourly rate and extended totals, invoice date and be signed by the contractor or authorized representative. The Government shall utilize equipment logs and Daily Accounting Listings (2.3) to verify the accuracy of invoices.

10. QUANTITY OF WORK.

The number of hours of work required to complete this contract is estimated. The actual number of hours of work required may be more or less than the estimated amount shown in the bid sheet portion of this contract. Payment for actual hours of work performed will be made at the hourly bid rate.

11. SAFETY

11.1. GENERAL: The Contractor shall comply with the contract clause 52.236-13, Accident Prevention, including the U. S. Army Corps of Engineers Safety and Health Requirements Manual referred to therein in addition to the provisions of this specification.

11.2. SAFETY PROGRAM: Worker safety is of paramount importance. The contractor shall comply with The U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385 1 1, and all subsequent revisions.

The contract clause 52.236-13, Accident Prevention of this contract, is hereby supplemented as follows:

a. The Contractor shall designate an employee responsible for overall supervision of accident prevention activities. Such duties shall include: (1) assuring applicable safety requirements are incorporated in work methods and (2) inspecting the work to ensure that safety measures and instructions are actually applied. The safety plan must be submitted in writing for acceptance by the Contracting Officer's Representative. The designated individual must be able to demonstrate his/her familiarity and understanding of the safety requirements over a prescribed trial period. The safety supervisor shall have the authority to act on behalf of the Contractor's general management to take whatever action is necessary to assure compliance with safety requirements. The safety supervisor is required to be on the site when work is being performed.

b. Prior to commencement of any work at a job site, a pre-construction safety meeting shall be held between the Contractor and the Corps of Engineers' Representative to discuss the Contractor's safety program and in particular to review the following submittals:

(1) Contractors Accident Prevention Plan: An acceptable accident prevention plan, prepared by the Contractor for the specific work and implementing in detail the pertinent requirements of EM 385 1 1, shall be submitted for Government acceptance.

(2) Activity Hazard Analysis: Prior to beginning each type of work, an activity hazard analysis shall be prepared by the Contractor for approval. The analysis shall address the hazards for each activity performed and shall present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level.

c. Subsequent job site safety meetings shall be held as follows:

(1) At least one safety meeting shall be conducted weekly, or whenever new crews begin work, by the appropriate field supervisors or foremen for all workers. An outline report of the meeting date, time, attendance, subjects discussed and who conducted it shall be maintained and copies furnished the designated authority on request.

11.3 ACCIDENTS: Accidents are to be investigated by both Contractor personnel and, if desired, by the Contracting Officer. ACCIDENT REPORTING, ENG FORM 3394: Section I, Paragraph 01.D, of EM 385 1 1 and the contract clause 52.236-13, ACCIDENT PREVENTION are amended as follows: "The prime Contractor shall report on Eng. Form 3394, supplied by the Government, all injuries to his employees or subcontractors that result in lost time and all damage to property and/or equipment in excess of $2,000 per incident. Verbal notification of such accident shall be made to the Contracting Officer' Representative as soon as reasonably possible, but within 24 hours. A written report on the above noted form shall be submitted to the Contracting Officer's Representative within 72 hours following such accidents. The written report shall include the following:

a. A description of the circumstances leading up to the accident, the cause of the accident, and corrective measures taken to prevent recurrence.

b. A description of the injury and name and location of the medical facility providing the examination and/or treatment.

c. A statement as to whether or not the employee was permitted to return to work after examination and treatment by the doctor, and if not, an estimate or statement of the number of days lost from work. If there have been days lost from work, state whether or not the employee has been re examined and declared fit to resume work as of the date of the report.

11.4. In addition to EM 385-1-1 requirements, all applicable OSHA Requirements will be followed.

11.5. OSHA Inspections: Contractors shall immediately notify the Contracting Officer's Representative when an OSHA Compliance official (Federal or State representative) presents his/her credentials and informs the Contractor that the workplace will be inspected for OSHA compliance. Contractors shall also notify the Contracting Officer's Representative upon determination that an exit interview will take place upon completion of the OSHA inspection.

(NABSA OCT 05, 1976)

11.6. SAFETY SUBMITTALS FOR GOVERNMENT APPROVAL: At the pre-work conference, the contractor will provide items noted below for Government approval:

a. Written designation of Safety Representative.

b. Written Project Specific Accident Prevention Plan.

c. Applicable written Activity Hazard Analysis.

12. OBJECTIONABLE EMPLOYEES.

The Contractor will remove from the work site any employee who, in the opinion of the Contracting Officer, is objectionable or incompetent. This requirement shall not be the basis of any claim for compensation or damages against the United States or any of its officers or agents.

13. CLEAN UP.

The contractor shall maintain the premises in a clean and neat condition satisfactory to the Contracting Officer at all times.

14. LAYOUT OF WORK.

The Authorized Representative of the Contracting Officer will do the work layout. The Contractor will be responsible for the protection of such layout stakes, markings, or other such similar items as identified by the Government.

15. CONTRACTOR'S RESPONSIBILITY.

15.1. The Contractor shall be responsible that his employees strictly comply with all Federal, State, and municipal laws and all sections of Title 36 CFR 327 that may apply to operations under the contract. It is understood and agreed that the Contractor assumes full responsibility for the safety of his employees, equipment, and materials.

15.2. In the contractor's absence, the contractor will designate an individual to represent the interests of the contractor and act in his behalf with regards to all matters and activities involving the contract, including safety.

16. DELAYS.

If the contractor refuses or fails to make delivery of the equipment within the time specified in section 2, or any extension thereof, as provided in specification, or to maintain the property in serviceable condition and diligently and competently to conduct the specified operations as indicated by the Contracting Officer, the Government may by written notice, terminate the right of the Contractor to proceed with delivery or with further performance under the contract or such part of parts thereof affected by the delay. In such event, the Government may use or procure similar property by contract or otherwise and the Contractor shall be liable to the Government for any excess cost occasioned thereby. Unless otherwise provided in the specifications, the Government shall not be chargeable for out of service time due to breakdown not caused by the act of negligence of the Government of its agents.

OPSEC

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/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 (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.

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

The Prime Contractor Company must have a Facility Clearance (FCL) at the appropriate level (IAW the NISPOM DOD 5220.22-M and AR 380-49) prior to the start of the contract awarded period of performance. Contractor personnel performing work under this contract must have the required security clearance, per AR 380-67, at the appropriate level at the start of the period of performance. Security Clearances and FCL requirements are required to be maintained for the life of the contract IAW the DD Form 254 attached to the contract. If no FCL, the supporting Government Contracting Activity will sponsor the prime contract company in obtaining the FCL.

QASP

PERFORMANCE-BASED QUALITY ASSURANCE SURVIELLANCE PLAN (QASP) FOR

EQUIPMENT RENTAL SERVICES

FOR THE RAYSTOWN LAKE PROJECT

1. INTRODUCTION

This Performance-Based Quality Assurance Surveillance Plan (QASP) has been developed pursuant to the requirements of the Performance Work Statement for Contract No. (TBD) –Equipment Rental Services at Raystown Lake. This plan sets forth procedures and guidelines that the U.S. Army Corps of Engineers (USACE) will use in evaluating the technical and safety performance of the Contractor. A copy of the Performance Metrics is furnished in the PWS so that the Contractor will be aware of the methods that the Government will employ in evaluating their performance on this contract.

2. PURPOSE OF THE QASP

The QASP is intended to accomplish the following:

a) Define the roles and responsibilities of participating Government officials;

b) Define the types of work to performed with required end results;

c) Document the evaluation methods that will be employed by the Government in assessing the Contractor’s performance;

d) Describe the process of performance documentation;

e) Outline quality assurance procedures to be employed by the Government during performance of this purchase order to confirm that the site characterization is conducted utilizing proper procedures and in accordance with the approved work and safety plans.

3. ROLES AND RESPONSIBILITIES OF PARTICIPATING GOVERNMENT OFFICIALS AND

MILITARY SERVICE REPRESENTATIVES:

The USACE Project Managers: Jude T. Harrington

• Reports problems or discrepancies to the Contracting Officer Representative and Contracting

Officer as soon as possible.

• Reviews contractor submittals.

• Project Manager may use the below Contracting Officer Representative to assist in these tasks.

• Ensures contractor complies with the work plans and safety plans through random and continuous surveillance activities while in the field.

• Monitors contract performance

The USACE Contracting Officer Representative(s) if needed: Dean R. Whitmore

Responsible for overall project direction, including technical contracting and customer-related issues.

Reports problems or discrepancies to the COR and Contacting Officer as soon as possible.

Reviews contract submittals.

Project Manager may use the Contacting Officer Representative in these tasks.

Ensures the contactor complies with the work plans and safety plans through random and continuous surveillance activities while in the field.

Responsible for reporting all findings (to include successes, as well as problems and discrepancies) to the USACE Contracting Officer as soon as possible.

Provide quality assurance oversight to ensure the customer’s requirements are met or exceeded.

Reviews vouchers and makes recommendations to the Contracting Officer for payment actions based on completion of designated milestones and helps to ensure schedules are maintained.

Oversees the implantation of the QASP.

Monitors contract performance.

The USACE Technical Monitors: Allen Gwinn

Monitors contact performance onsite.

Reports all discrepancies with performance to the COR as soon as possible.

Supports all onsite QA activities.

The USACE Contracting Officers: Sharon Alexander:

Only the Contracting Officer has authority to change the terms and conditions of the contract

Has obligation authority for the Government.

Directs the contract as necessary.

Issues modifications to the contract.

Issues all acceptance/rejection statements.

The USACE Contract Specialist(s): Aisha Boykin

First line of communication between the contracting officer and the contractor and program office.

Contract administration.

The USACE Invoice Processing Team: Dana A. Burk

Reviews vouchers and makes recommendations to the Contracting Officer for payment.

Reports problems or discrepancies to the Contracting Officer as soon as possible.

4. PRIMARY METHOD OF SURVEILLANCE

The Contracting Officer’s Representative will monitor the contractor’s performance, which will be evaluated by the Contracting Officer using the Performance Metrics listed in the PWS.

Quality Assurance Surveillance Activities In general, the work will be evaluated by determining the availability of required equipment according to the bid sheet and PWS. At the discretion of the COR or the Contracting Officer or Project Manager, other government officials approved by the Contracting Officer or COR may be asked to evaluate a particular task or set of tasks.

Quality Assurance includes but is not limited to the following: inspections of equipment being used for the performance of the PWS by the COR or COTR to ensure that the contractor is meeting all contract requirements.

Inspections will include the determination of operating equipment as needed.

5. SCOPE OF PERFORMANCE

The Contractor shall provide all equipment and labor as required at the Raystown Lake Project, Baltimore District, U.S. Army Corps of Engineers in accordance with the specifications contained within the Performance Work Statement (PWS).

6. PERFORMANCE STANDARDS

The Contractor shall provide all equipment, labor, and other tools as required at the Raystown Lake Project, Baltimore District, U.S. Army Corps of Engineers in accordance with the specifications contained within the PWS.

7. ACCEPTABLE QUALITY LEVEL (AQL)

The COR or COTR will ensure the required equipment is available for use as outlined in the PWS. AQL for all tasks is 100%.

8. EVALUATION METHODS

The COR or COTR will verify the existence of equipment is available as needed as outlined in the PWS.

Equipment hours will logged by the contractor and the on-site representative. These equipment logs will be reviewed before invoices are processed.

9. INCENTIVES (POSITIVE/NEGATIVE):

If the work performed does not meet the specifications set by the Government in the PWS; the Contractor shall correct any and all issues noted by the COR at no additional charge to the Government.

CONTRACTING OFFICER STATEMENT

The Primary Contracting Officer for this action is Sharon Alexander, however, any Contracting Officer holding the appropriate warrant authority in the Baltimore District can serve as the Contracting Officer for this contract. Also, please note that any time the primary Contracting Officer changes, it will be incorporated into the contract via unilateral modification to the contract.

W912DR20Q0067

Section SF 1449 - CONTINUATION SHEET

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-13 Accident Prevention NOV 1991 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items JUN 2020 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics…