B.08.02 W912DR21Q0029 Raystown Lake Equipment Rental.pdf

SEE ADDENDUM

(No Collect Calls)

W912DR21Q0029 02-Mar-2021

b. TELEPHONE NUMBER

410-962-3802

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 19 Mar 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 X 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

LEONNA S WILLIAMS

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

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

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: 410-962-0175 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 OF71

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.

W912DR21Q0029

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

Quotes can be submitted via e-mail only to Leonna.S.Williams@usace.army.mil no later than the due date shown in Block 8 on page 1 of the solicitation.

Request for Questions concerning this solicitation must be submitted by email no later than 12 March 2021 at 2:00 PM (EST). This will allow responses to be posted on BETASAM prior to solicitation closing. Email:

Leonna.S.Williams@usace.army.mil

SUBMISSION REQUIREMENTS

The Government will award a firm-fixed-price (FFP) contract to the responsible offeror whose offer conforms to the requirements as stated in this request for quotation (RFQ). The award will be made based on the following three

(3) evaluation factors: Technical, Past Performance, and Price. All offerors who receive an acceptable rating for the above Factors, the lowest price offeror will be selected for award.

The Government intends to evaluate quotes and make award without questions to offerors.

Therefore, the Offeror's initial quote should contain the Offeror's best terms from a Technical and Cost standpoint. Unclear quotes may not result in questions for clarifications. Offers with an omission or unclear quote may be judged to mean the contractor does not fully understand the requirements or understand what it takes to meet the requirements, 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. In order to be considered for this award, all items labeled “MUST” are required.

Evaluation Criteria Factors/Ratings:

Factor I Technical –

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.

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

Capability Statement- The proposed capabilities plan shall include adequate documentation to illustrate the Offeror’s capabilities to successfully complete the work identified with the solicitation.

The following adjectival ratings will be assigned to the Technical factor are:

RATING DESCRIPTION

Acceptable Offer clearly meets the minimum requirements of the solicitation by submitting Equipment plan, Capability statement, PPQ, or references and Government issued Bid schedule.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation by not submitting ALL required documents to include the Equipment plan, Capability statement, PPQ, or references and

Government issued Bid schedule.

Factor II Past Performance -

⦁ Two (2) Past Performance References MUST be provided for similar projects. Projects must have been completed within the previous three (3) years.

⦁ And/or Two (2) Past Performance Questionnaires

Factor III Price -

Price- Price will be evaluated in accordance with FAR 13.106-2. The government may require additional pricing information to assist in determining the extent to which the price is fair, and reasonableness and the pricing information shall be provide if requested. The Government will evaluate quotes for award purposes by adding the total of all CLIN prices to ensure that pricing is not unbalanced.

All line items must be priced. Quotes providing partial pricing may be considered non-responsive.

⦁ Bid Schedule – Government template MUST be provided

Evaluation Criteria rating:

1. Past performance-

ACCEPTABLE Past performance references and /or PPQ has satisfactory ratings and clearly meets the minimum requirements of the solicitation.

UNACCEPTABLE Past performance references and/ or PPQ has unsatisfactory ratings and clearly does not meet the minimum requirements of the solicitation.

NEUTRAL No past performance submitted

PAST PEFORMANCE SUBMISSION: (See Attached Past Performance Questionnaire)

Submission Requirements: 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 Questionnaire and return directly to Leonna Williams, Contract Specialist, e-mail at Leonna.S.Williams@usace.army.mil. The questionnaires must be forwarded directly by the references. 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. Two 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 support services. References must be recent within the past 3 years.

Evaluation Criteria: The Government will assess the degree of success of Offeror’s recent, relevant past performance. Owners/references will be asked to comment on items such as quality of support services, timeliness, management of subcontractor work, including timely payment to subs or suppliers, safety, relations between customer and contractor, level of support for such things as correcting errors. Any offeror who has demonstrated satisfactory past performance will be considered eligible for award. Any offeror who demonstrated unsatisfactory past performance will not be considered eligible for award. If the Government does not obtain past performance information for the projects identified by the offeror and cannot establish a past performance record for the offeror through other sources, or if the offeror has no past performance record and cannot tie significant, relevant experience of key personnel proposed for this project to cited experience, past performance will be evaluated neither favorably nor unfavorably.

NAVFAC/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 two projects to fill out the Questionnaire and return directly to Leonna Williams, Contract Specialist, e-mail at Leonna.S.Williams@usace.army.mil. The questionnaires must be forwarded directly by the references. 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. Two 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.

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

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.

TO BE COMPLETED BY CLIENT

PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.

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)

E VG S M U N

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)

E VG S M U N

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 cost, improved maintainability or other factors that benefited the client

E VG S M U N

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

E VG S M U N

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.)

E VG S M U N

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).

E VG S M U N

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

APPENDIX A -

BID SHEET

RAYSTOWN

LAKE

2021 RECREATION AREA EQUIPMENT RENTAL

CONTRACT

BASE Contract Items

CLIN Type Description Quantity Unit Price U/M Amount

BASE

Trackhoe/excavator with operator

/ HR

(36,000 lb. minimum)

0002 BASE Backhoe/Loader with operator 60 / HR $ (14,000 lb. minimum)

0003 BASE Bulldozer with operator 30 / HR $ (14,000 lb. minimum, track mounted, 90 in. minimum width)

0004 BASE Skidsteer with operator 150 / HR $ (track and wheel operated, 6,000 lb.

minimum)

0005 BASE Smooth drum vibrating road compactor with operator

/ HR

(self-propelled roller, rolling width min.

60 in., SD 70 or equilivent, 7 ton)

0006 BASE Dump truck with operator 175 / HR $ (15 ton capacity, tandem axle minimum)

0007 BASE Laborer 250 / HR $

Total BASE CLIN 0001 – 0007

ALL LINE ITEMS MUST BE COMPLETE IN ORDER TO BE CONSIDERED FOR AWARD.

PERFORMANCE WORK STATEMENT

SECTION C

DESCRIPTION/SPECS./WORK STATEMENT

2021 Equipment Rental Contract

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 until depletion of contract funds.

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 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 Seven Points Recreation Area and the Susquehannock Campground are located approximately 10 miles south of Huntingdon and approximately 2 miles east of Hesston, PA in Penn Township. Huntingdon Pennsylvania, approximately 13 miles to the North, has a population of 8,000.

C. 1. LOCATION AND DESCRIPTION OF WORK.

C.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.

C.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 B for a conceptual layout of the existing Susquehannock campground; work will be focused on campsites 45-62 and associated areas.

C.1.3. 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.

C.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:

C.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; install erosion control devices.

C.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.

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

C.1.5. The contractor shall provide a work coordinator to be onsite and to plan the 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.

C.2. PERIOD OF WORK.

C.2.1. The work on this contract shall be on an as needed basis, targeted to begin March, 2021 and to conclude by the end of November, 2021. The contractor shall be prepared to commence work no later than 30 days after date of contract award.

C.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 Representative. Payment for equipment actually worked in accordance with these provisions will be made at the prices shown in the Bidding Schedule (Appendix A).

Payments will be made to the nearest ½ hour.

C.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.

C.3. OPERATION

C.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 COR 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.

C.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.

C.4. TRANSPORTATION.

C.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.

C.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.

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

C.5.1. 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.

C.6. CONTRACTOR EQUIPMENT.

C.6.1. All equipment to be used must be inspected and approved by the COR 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/

C.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.

C.6.3. All contractor employees must have and use personal protection devices as specified in EM 385-1-1 (see section C.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.

C.7. CONTRACTOR RESPONSIBILITIES

C.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.

C.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 C.8.).

C.8. GOVERNMENT FURNISHED MATERIAL

C.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.

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

C.9. PAYMENTS.

Payments to the Contractor will be made in accordance with Paragraph C.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 (C.2.3.) to verify the accuracy of invoices.

C.9. 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 (Appendix A) portion of this contract. Payment for actual hours of work performed will be made at the hourly bid rate.

C.10. SAFETY

C.10.1. GENERAL: The Contractor shall comply with the Contract Clause entitled ACCIDENTS, including the U. S. Army Corps of Engineers Safety and Health Requirements Manual referred to therein in addition to the provisions of this specification.

C.10.2. 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 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.

C.10.4 ACCIDENTS: Accidents are to be investigated by both Contractor personnel and, if desired, by the COR. ACCIDENT REPORTING, ENG FORM 3394: Section I, Paragraph 01.D, of EM 385-1-1 and the Contract Clause entitled 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.

C.10.5 In addition to EM 385-1-1 requirements, all applicable OSHA Requirements will be followed.

C.10.6 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)

C.10.7. SAFETY SUBMITTALS FOR GOVERNMENT APPROVAL:, At the prework 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.

C.11. OBJECTIONABLE EMPLOYEES.

The Contractor will remove from the work site any employee who, in the opinion of the COR, 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.

C.12. CLEAN UP.

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

C.13. LAYOUT OF WORK.

The Authorized Representative of the COR 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.

C.14. CONTRACTOR'S RESPONSIBILITY.

C.14.1. 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.

C.14.2. 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.

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: Jude T. Harrington

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: Colette Day:

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): Leonna Williams

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.

OPSEC

OPSEC

2. Access and General Protection/Security Policy and Procedures. All contractor and all associated subcontractors 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.

2a. For contractors requiring Common Access Card (CAC). The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

2b. For contractors who do not require CAC, but require access to a DoD facility or Installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), 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.

13. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e. facility repair or construction). Proposed language: "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."

15. Pre-screen candidates using E-Verify Program. Proposed language: "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.

CONTRACTING OFFICER STATEMENT

PRIMARY CONTRACTING OFFICER

The Primary Contracting Officer for this action is Colette B. Day, 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 KO changes, it will be incorporated into the contract via unilateral modification to the contract.

Section SF 1449 - CONTINUATION SHEET

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

AUG 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-50 Combating Trafficking in Persons OCT 2020 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

52.232-1 Payments APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items OCT 2020 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 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238910.

(2) The small business size standard is $16,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii)…