B01 - Attachment 1 - Performance Work Statement (Draft).pdf

Weed Spraying Service Contract Hidden Dam, Hensley Lake

Performance Work Statement

Project: Provide weed control spraying services at Administration Area, Hidden Dam Area, Dikes, Hidden View Recreation Area, Buck Ridge Recreation Area, Vista Point, Wakalumi Wildlife Management Area, and other areas identified at Hidden Dam, Hensley Lake located in Raymond, Madera County, CA.

Points of Contact

Contracting Officer’s Mr. Douglas R. Plitt Representative (COR) U.S. Army Corps of Engineers

CESPK-ODS-H

P.O. Box 85 25207 Road 407 Raymond, CA 93653-0085 Ph: (559) 673-5151 (Fax: 2044) Email: Doug.Plitt@usace.army.mil

Safety Officer Mr. Curtis Morris U.S. Army Corps of Engineers, Sacramento District Attn: CESPK-SO 1325 J Street Sacramento, CA 95814-2922 Ph: (916) 557-5358 Email: Curtis.D.Morris@usace.army.mil

Contracting Officer Mr. Aldone Graham U.S. Army Corps of Engineers, Sacramento District Attn: CESPK-CT 1325 J Street Sacramento, CA 95814-2922 Ph: (916) 557-7090 Email: Aldone.R.Graham@usace.army.mil

Payment Questions:

Direct payment questions shall be directed to the Contracting Officer’s Representative (COR).

For prompt payment, submit invoices to all parties and follow the guidance provided in the Payment and Invoices paragraph. Payment is NET 30 unless the Contractor specifies prompt payment discount terms in the quote/proposal.

Incomplete or inaccurate invoices shall be returned to the Contractor for revision.

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1. General Information

1.1 This is a performance-based contract for weed spraying services at Hidden Dam, Hensley Lake, Madera County, CA. The overall responsibility of the Contractor is to plan, coordinate, organize, manage, and perform the activities described herein and in accordance with the Performance Work Statement objectives.

2. Introduction

2.1 This Performance Work Statement describes the basic objectives for Weed Spraying services within the project boundaries at Hidden Dam, Hensley Lake, Madera County, CA. The performance-based service contract provides potential bidders the flexibility to develop cost effective solutions and the opportunity to propose innovative alternatives to meet the stated objectives. It also presents the Government with an opportunity to assess the bidders understanding of all aspects of the effort to be performed by eliminating the “how to” instructions to accomplish the required effort normally contained on the Statement of Work that the Government traditionally provides to prospective bidders. Minimum levels of performance and disincentive for failure to meet the minimum levels are outlined in the “Performance of Work Requirements Summary” contained in Attachment A.

3. Description of Services

3.1 The Contractor shall furnish all labor, materials, equipment, transportation and supplies necessary to fulfill the terms and conditions stated in this contract. The Contractor shall be responsible for all costs related to performing weed spray services. Services include, but are not limited to, herbicide application, record keeping and reporting, manual vegetation removal, transportation of personnel, and servicing and supply of all required equipment. All work, materials and equipment shall be subject to the control and approval of the Contracting Officer’s Representative (COR). For the services in this contract, the Operations Project Manager has been designated in writing by the Contracting Officer as the COR.

4. Site Inspection

4.1 Prior to submitting bids, bidders are urged to inspect the job site where services are to be performed to accurately observe conditions that may affect the cost of performance of the service contract.

4.2 In no event will failure to inspect the site constitute grounds for the withdrawal of a bid after opening or for a claim after the award of the contract. (FAR 52.237-1)

5. Pre-Work Meeting

5.1 No less than ten (10) days prior to commencement of work, the Contractor shall contact the COR to schedule a pre-work meeting. This meeting will be held at the Hensley Lake Park Headquarters, located at 25207 Road 407, Raymond, CA 93653.

5.2 During the pre-work meeting, the Contractor shall provide the COR with the following for approval:

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5.2.1 The Contractor shall submit an Accident Prevention Plan (APP) as required by EM 385- 1-1, Safety and Health Requirements Manual.

5.2.2 The Contractor shall submit a Hazard Analysis and copies of safety data sheets (SDS) for all chemical products to be used by the Contractor or their employees during the execution of this contract.

5.2.3 Uniform and Personal Protection Equipment (PPE) to be used for the execution of contract services.

5.2.4 Insurance: The Contractor shall procure and maintain insurance for any and all employees during the entire period of his/her performance under this contract and in accordance with the Contract Clause, “Insurance - Work on a “Government Installation”:

• Workmen’s Compensation and Employers’ Liability Insurance.

• Workmen’s Compensation and Occupational Disease Coverage in accordance with statutory limits.

• Employers’ Liability coverage with a minimum limit of $100,000.

• Comprehensive Automobile Liability Insurance: Bodily Injury coverage with minimum limits of $200,000 per person and $500,000 per occurrence.

• Property Damage Coverage with a minimum limit of $20,000 per occurrence.

5.2.5 Contractor Vehicle Identification: All Contractor vehicles shall be identified with the company name or logo conspicuously displayed on door panels. Professionally made magnetic signs or pressure sensitive decals may be used to comply with this specification.

5.2.6 The Contractor shall submit a copy of all federal and/or state applicable licenses and certifications prior to the commencement of work. The Contractor and all employees shall be licensed and permitted to operate all equipment necessary to complete work under this contract. All required licenses and certifications shall be the responsibility of the Contractor.

6. Certification

6.1 Contractor must submit proof of certification as Pesticide Applicator and certification as an "Agricultural Pest Control Advisor", as provided in Section 12001 of the California Food and Agriculture code, to the Operations Project Manager before commencement work.

7. Contractor’s Quality Control Plan (QCP)

7.1 The Contractor shall establish and maintain a complete QCP to assure the requirements of this contract are provided as specified. This QCP shall be forwarded to the COR at time of award. The COR will review the QCP and list any needed clarifications, and return to the Contractor for response, if necessary, reference Appendix D. The Contractor’s QCP shall include the following, or have incorporated into the document during performance of the contract, at a minimum:

7.1.1 An inspection plan covering all services is required by this contract. The inspection plan shall specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections shall be accomplished and documented, and shall specify the title of the individual(s) who will perform the inspections.

7.1.2 On-site records of all inspections conducted by the Contractor noting necessary corrective actions taken. The Government reserves the right to request copies of any and/or all inspections.

7.1.3 Active or established internal policies and procedures for updating equipment and procedures that may affect the performance of the contract.

7.1.4 Methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

7.1.5 Identify the character, physical capabilities, certifications and ongoing training of each employee performing services under the contract.

7.1.6 Contain a log to account for all requests for immediate services. The log shall indicate the date and time of services, and description of results and completion of these services. The log shall also contain any complaints or problems, with procedures taken, to allow for corrections and/or elimination before effects caused interruption of performance of the contract.

8. Ability to Perform

8.1 The Contractor and their employees shall be responsible for maintaining accurate and detailed records as required by the contract.

8.2 The Contractor and their employees shall be capable of communicating with visitors, other contractors, outside agencies and project personnel in a respectful and courteous manner.

8.3 The Contractor shall furnish competent personnel. If employees furnished prove to be incompetent, the Contractor shall remove them and furnish satisfactory employees at the discretion of the COR.

8.4 The Contractor shall comply with all applicable Federal, State, and local regulations.

8.5 The Contractor shall maintain telephone services that will enable the COR and his/her designated representative to have communication capability during business hours. The Contractor shall return all calls to the COR or his/her designated representative within 24 hours.

8.6 The Contractor and all employees shall be licensed and permitted to operate all equipment necessary to complete work under this contract. All required licenses and permits to operate shall be the responsibility of the Contractor.

9. Materials, Equipment & Supplies

9.1 The Contractor shall be responsible for all materials and equipment in their possession.

The Contractor shall be accountable for any loss, damage, or misuse of Government equipment and/or property being used during the performance of contractual services.

10. Reporting

10.1 The Contractor shall submit a Safety Exposure Report, CESPD Form 94-R, to the COR or his/her representative with each monthly invoice. Failure to submit this form may delay payment for services performed (See Appendix F).

10.2 The Contractor shall maintain an accurate record of, and shall notify the COR immediately following the occurrence/discovery, of any accidents resulting in death, injury, occupational disease, and/or damage to property or equipment, incidental to work performed under this contract.

10.3 All personal property found anywhere on Government property shall be accounted for and turned over to a Park Ranger or COR for inclusion into the Lost and Found Program.

10.4 The Contractor shall submit a monthly invoice for payment, verifying that all units, quantities and amounts are true and correct. Invoice shall include contract number, invoice number, and name of company used during bid process.

10.5 The Contractor shall immediately report to the COR any needed repairs, malfunctions, damage, vandalism to Government property, and/or any potential safety hazards encountered while performing services. If there is an immediate danger to the public or the potential thereof, the Contractor shall notify the Park Office or a Park Ranger immediately.

11. Security

11.1 In accordance with AR 190-13 Physical Security Program; the Contractor shall maintain all keys, combinations, and instructions in a confidential and secure manner. Only authorized employees will perform services under this contract, and all keys shall not be provided to unauthorized personnel at any time. The Contractor shall be responsible for all costs associated with lock and key replacement in the event that keys are misplaced or lost.

11.2 For security reasons, the Contractor will be escorted for any services performed within the Hidden Dam facility and operation areas.

11.3 All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

11.4 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.

11.5 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.

11.6 The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

11.7 E-Verify: 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.

11.8 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

12. Services to be Performed

12.1 Fall Spray: The following areas shall be treated once for weed eradication during the fall months (typically October – November) of each year as specified in the performance work statement: Administration Area, Hidden Dam Area, Dikes, Hidden View Recreation Area, Buck Ridge Recreation Area, Vista Point, Hensley Lake identification signs, Wakalumi Group Site, and Road 400 Parking Lots. The Operations Project Manager may require a call back service, at no cost to the Government, if herbicide application does not result in a weed-free state. Approximately 3,155,385 sq.

ft.

12.2 August Spray: The following areas shall be treated once for weed eradication during the month of August of each year as specified in the performance work statement:

Hidden Dam Area, Dikes, and the Oxidation Ponds at Hidden View and Buck Ridge Recreation Areas. The Operations Project Manager may require a call back service, at no cost to the Government, if herbicide application does not result in a weed-free state. Approximately 2,232,683 sq. ft.

12.3 Spring Spray: The following areas shall be treated once for weed eradication during the spring months (typically February – May) of each year as specified in the performance work statement: Administration Area, Hidden Dam Area, Dikes, Hidden View Recreation Area, Buck Ridge Recreation Area, Vista Point, Hensley Lake identification signs, Wakalumi Group Site, and Road 400 Parking Lots. The Operations Project Manager may require a call back service, at no cost to the Government, if herbicide application does not result in a weed-free state.

Approximately 3,155,385 sq. ft.

12.4 Upstream Side of Dam: Up to an additional 1,105,009 sq. ft. shall be sprayed with aquatic approved herbicide for spot weed eradication on the upstream side of Hidden Dam at the Operations Project Manager’s or representative’s request. The Operations Project Manager may require a call back service, at no cost to the Government, if herbicide application does not result in a weed-free state. Approximately 1,105,009 sq.

ft.

12.5 Additional Areas: Up to an additional 217,800 sq. ft. may be sprayed for weed eradication in any area at the Operations Project Manager’s or representative’s request. The Operations Project Manager may require a call back service, at no cost to the Government, if herbicide application does not result in a weed-free state.

Approximately 217,800 sq. ft.

12.6 The rates of application are to be in accordance with the manufacturer's recommended rates. A Post-Application Form (Appendix B) shall be completed by the Contractor and furnished to the Operations Project Manager at least monthly with invoice. Areas that are below gross pool elevation within the reservoir, along the Fresno River or riparian areas, and on the upstream side of Hidden Dam shall be sprayed using only aquatic approved herbicides.

12.7 The Contractor shall protect all trees and plants adjacent to sprayed areas by controlling the rates, areas to be sprayed, and spray drift. The Contractor shall protect oak trees and landscaping plants within sprayed areas. Spray residue shall be removed from all signs.

12.8 Only chemicals approved for use on Federal property shall be applied.

12.9 All mixing of chemicals and water shall be done off project lands.

12.10 The Contractor must furnish equipment capable of traveling off road and applying a 35-foot wide application of herbicide. All road shoulders are to be sprayed at a width of 5 feet on both sides of the road.

12.11 The Contractor also agrees to utilize a harmless, temporary coloring trace agent in all spraying's for quality assurance monitoring purposes throughout the contract period.

12.12 All areas referring to square footage, acreage, mileage, etc., are estimated values.

12.13 All service areas to be treated under this contract are listed under Appendix A.

12.14 For the purpose of this contract, the term “weed-free” shall mean no vegetation (live) present. In order to maintain a weed-free condition, the contractor may be required to use mechanical tools to eliminate standing vegetation (live or dead). Quality control is the responsibility of the Contractor and shall require multiple site inspections to verify the weed-free condition. The Contractor may be called by the Operations Project Manager or his/her representative to request post-emergent treatments and/or mechanical weed removal. The Contractor shall begin the treatment within 48 hours of the request for service by the Operations Project Manager or his/her representative and complete the treatment within fourteen (14) days of the request for service.

13. Maps

13.1 General maps of areas to be treated are attached as Appendix E.

14. Waste Material - Dumping and Disposal

14.1 All waste materials shall be disposed of in accordance with all state, county and federal laws, including but not limited to EM-385-1-1. All disposals shall take place off of U.S. Army Corps of Engineers land.

14.2 The Contractor shall show evidence of compliance with the EPA standards put forth in 7

USC 135: California Pest Control Board requirements found in the Structural Pest Control Act; and with the provisions of the State of California Department of Food and Agriculture, California Food and Agriculture code, Pesticide Management Manual.

15. Safety

15.1 The Contractor shall obtain the USACE Project Safety Officer’s approval on the Accident

Prevention Plan (APP) BEFORE starting any on-site work.

15.2 The Contractor shall use a qualified Safety and Health Manager (SHM) to prepare the written site-specific Accident Prevention Plan (APP) in accordance with the format and requirements of USACE EM 385-1-1. Cover all paragraph and subparagraph elements in Appendix A of USACE EM 385-1-1, "Minimum Basic Outline for Accident Prevention Plan.” Activity Hazard Analyses (AHAs) shall be appended to the APP.

15.3 The Contractor shall develop an Injury and Illness Prevention Program (IIPP) for projects within the State of California as an appendix to the APP. Where a paragraph or subparagraph element is not applicable to the work to be performed, indicate "Not

Applicable" next to the heading. The APP shall be job specific and shall address any unusual or unique aspects of the project or activity for which it is written. The APP shall interface with the Contractor's overall safety and health program (SHP). Any portions of the Contractor's overall safety and health program referenced in the APP shall be included in the applicable APP element and made site-specific. The Government considers the Prime Contractor to be the "controlling authority" for all work site safety and health of the Subcontractors. The Contractor is responsible for informing their Subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting Subcontractor operations to ensure that accident prevention responsibilities are being carried out. The Contractor, COR, and Site Safety and Health Officer (SSHO) shall sign the APP.

15.4 The Contractor shall submit the APP to the USACE Project Safety Officer within 10 days of award. The Government will review the documents within 10 days. The Contractor shall resubmit the documents, with any requested changes, within 5 days of request.

15.5 The Contractor’s APP and subsequent activities shall comply with the following referenced documents (most current version, if different than the date referenced), at a minimum:

15.5.1 EM 385-1-1, USACE Safety & Health Requirements Manual, EM 385-1-1, 30 November 2014 Edition: https://www.publications.usace.army.mil/

15.5.2 Title 29 Code of Federal Regulations (CFR) 1910, Occupational Safety and Health

Standards.

15.5.3 OSHA ancillary safety and health regulations governing certain aspects for this contract include:

15.5.4 Respiratory Protection (29 CFR 1910.134/8 CCR Section 5144)

15.5.5 Occupational Noise Exposure (29 CFR 1910.95/8 CCR Sections 5095-5100)

15.5.6 Hazard Communication (29 CFR 1910.1200/29 CFR 1926.59/8 CCR Section 5194)

15.5.7 The Control of Hazardous Energy (Lockout/Tag-out) (29 CFR 1910.147)

15.5.8 Proposition 65 (22 CCR Section 12000) Chemicals Known to the State of California to

Cause Cancer or Reproductive Toxicity

16. Sustainability Guidance

16.1 EPA Designated: Under the Comprehensive Procurement Guidelines (CPG) program, the Environmental Protection Agency (EPA) designates products that are or can be made with recovered materials, and recommends practices for buying these products.

Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit http://www.epa.gov/epawaste/conserve/tools/cpg/products for a complete list of designated products and the associated recommended content levels. Offerors must be able to demonstrate that each offered product meets minimum content levels upon request.

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16.2 Safer Choice: The contractor shall provide Safer Choice labeled products under this contract, as applicable. The contractor is encouraged to visit http://www2.epa.gov/saferchoice/products for updated lists of qualifying products.

16.3 Bio-based: The United States Department of Agriculture (USDA) designates certain biobased products for federal procurement and specifies minimum biobased content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred’s minimum biobased content level. Visit the BioPreferred web site for the complete list of designated products and the associated minimum biobased content level requirements.

16.4 Energy Star: As required in clause 52.223-15 Energy Efficiency in Energy-Consuming

Products, the contractor shall only provide products that earn the ENERGY STAR label and meet ENERGY STAR specifications for energy efficiency. The contractor is encouraged to visit http://www.energystar.gov for complete product specifications and updated lists of qualifying products.

16.5 Pollution Prevention and Right-to-Know Information (May 2011)

(a) Definitions. As used in this clause - “Toxic chemical” means a chemical or chemical category in listed in 40 CFR 372.65.

(b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001- 11050), and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109).

(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:

(1) The emergency planning reporting requirements of Section 302 of EPCRA.

(2) The emergency notice requirements of Section 304 of EPCRA

(3) The list of Material Safety Data Sheets required by Section 311 of EPCRA

(4) The emergency and hazardous chemical inventory forms of Section 312 of

EPCRA.

(5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of

PPA.

(6) The toxic chemical and hazardous substance release and use reduction goals of section 2(e) of Executive Order 13423 and of Executive Order 13514.

16.6 Estimate of Percentage of Recovered Material Content For EPA Designated Items (May

2008)

(a) Definitions. As used in this clause - “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.” “Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to ___________ [Contracting Officer complete in accordance with agency procedures].

16.7 Waste Reduction Program (May 2011)

(a) Definitions. As used in this clause - “Recycling” means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion.

“Waste prevention” means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials. “Waste reduction” means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.

(b) Consistent with the requirements of section 3(e) of Executive Order 13423, the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract.

16.8 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

(a) Definitions. As used in this clause - “Driving”:

(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

“Text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.

(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009.

(c) The Contractor is encouraged to -

(1) Adopt and enforce policies that ban text messaging while driving -

(i) Company-owned or -rented vehicles or Government-owned vehicles;

or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct initiatives in a manner commensurate with the size of the business, such as -

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold.

16.9 Compliance With Environmental Management Systems (May 2011)

(a) The Contractor's work under this contract shall conform with all operational controls identified in the applicable agency or facility Environmental Management Systems and provide monitoring and measurement information necessary for the Government to address environmental performance relative to the goals of the Environmental Management Systems.

17. Performance and Program Objectives

17.1 The Contractor shall be responsible for services described herein. The Government objectives are described in the “Performance of Work Requirements Summary” (Appendix C). The Contractor shall develop a “Performance Work Plan” that contains solutions to accomplish the same objectives as stated in the Performance of Work Requirements Summary, as they are applicable to the services required in the Schedule.

The Contractor may use whatever method they choose to meet the objectives, as long as the end result satisfies the minimum acceptable levels (MAL) of performance as defined in the Performance Work Requirements Summary.

18. General Service Provisions

18.1 Unless otherwise approved by the COR, all services shall be performed between 0745 and 1630 Monday through Friday, excluding Federal holidays.

18.2 The Contractor is responsible for the management and quality control actions to meet the requirements of the contract. The role of the Government is quality assurance, to ensure quality control standards are achieved.

19. Estimated Service Schedule/Frequency

19.1 Budgetary constraints may reduce the expected quantity and/or frequency, which can be increased or decreased at any time at the discretion of the COR.

19.2 The days of service shall be negotiated with the COR to determine scheduled service days prior to commencement of services. If unforeseen events cause a variation in the scheduled service, the Contractor shall notify the COR 24 hours in advance of the delay or cancelation. Failure to provide the service or variation from the agreed service schedule will require written explanation by the Contractor. If additional service(s) are required, the schedule shall be modified and approved by the COR.

19.3 If recreation areas are not open or require closing, the amount of services required for those areas will be reduced accordingly.

19.4 Payment will only be made for those services actually performed. Line items are exercise as an as-needed basis and determined by need to the U.S. Government by the

COR.

19.5 The Contractor shall remove all damaged equipment and exhausted supplies from

Government property immediately upon completion of the service.

20. Period of Performance

20.1 The contract shall consist of a Base Year plus four (4) Option Years as follows. Option Years are exercised at the discretion of the Government:

Base Year – Contract Award through 30 September 2022.

Option Year 1 - 01 October 2022 to 30 September 2023.

Option Year 2 - 01 October 2023 to 30 September 2024.

Option Year 3 - 01 October 2024 to 30 September 2025.

Option Year 4 - 01 October 2025 to 30 September 2026.

21. Standards of Employee Conduct

21.1 The Contractor and their employees shall be required to adhere to the following standards of dress and conduct while performing work. These regulations are enforceable as per the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, 30 November 2014, the California State Health Code, and County Codes.

21.2 All Contractor personnel shall be identifiable by wearing a company uniform or clothing with the company name or logo conspicuously displayed on the clothing. The Contractor shall use personal protective equipment (PPE) as identified in EM 385-1-1, Safety and Health Requirements Manual. EM 385-1-1, Section 5 states, “The use of PPE is a control measure that is to be used only after a hazard evaluation identifies hazards associated with a particular job or activity, and it is determined that the hazards cannot be eliminated and/or controlled to an acceptable level through engineering design or administrative actions.” The use of proper PPE shall be determined at the pre-work conference following the Contractor’s submittal of an activity hazard analysis. All PPE shall be in compliance with the SDS for chemical(s) being used.

21.3 A clean, well-groomed appearance shall be maintained at all times while performing contract services.

21.4 The Contractor shall not be in possession of any weapons in the public use areas at any time.

21.5 The Contractor shall not take part in any selling or advertising activities.

21.6 The Contractor shall not perform any duties relative to any other contract duties while performing this contract.

21.7 Alcoholic beverages and/or illegal substances shall not be consumed or possessed prior to or while on duty, nor at anytime while the Contractor is performing contract services.

The Contractor shall not be under the influence of any substance that impairs his/her ability to safely perform contract services.

21.8 The Contractor and their employees shall not smoke in or around any Government-owned structures or facilities. Additionally, the Contractor shall not smoke while in contact with the public and/or Government personnel.

21.9 The use of any Government property without proper authorization will not be permitted.

21.10 The Contractor shall comply with all CFR Title 36 regulations while performing services under this contract. The Contractor and their employees shall cooperate fully with all Corps of Engineers Employees, local law enforcement and State agencies. The Contractor and their employees are not authorized to direct the work of other contractors.

22. Protection and Use of Government Facilities and Equipment

22.1 The work to be performed is within the boundaries of public areas. The Contractor’s attention is directed to the needs for extreme caution and care while driving and operating equipment. Safety requirements of EM-385-1-1 shall apply to all work. A copy of the Engineering Manual is available at the Park Headquarters for review or on-line at:

22.2 The Contractor shall be responsible for restoring any Government facilities or property damaged as a result of the Contractor’s operations. Reasonable care shall be used to avoid damage to existing structures, equipment, facilities, and vegetation in the areas serviced. Any damage shall be repaired or replaced as directed by the COR, and at no cost to the Government. If the Contractor does not make such repairs or replacement, the cost thereof will be deducted from normal contract payments.

22.3 The Government will provide repairs, as needed, to Government property used by the public. However, if damages are found to be a result of the Contractor’s negligence or lack of reasonable care, the cost of repairs or the cost of replacement will be the responsibility of the Contractor. If the Contractor does not reimburse the Government for such repairs or replacement, the cost thereof will be deducted from normal contract payments.

23. Performance Evaluation Meeting

23.1 The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of a meeting with the Contractor, Contracting Officer (KO) and the Contracting Officer’s Representative (COR). A mutual effort will be made to resolve all problems identified.

The Government will prepare written minutes of the meeting. The Contractor, KO, and the COR will sign minutes of the meeting(s).

23.2 Should the Contractor not concur with the minutes, he/she will state in writing to the

Contracting Officer within ten (10) calendar days any areas he does not concur and explain the reasons for non-concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor’s non-concurrence and make a decision. The Contracting Officer will notify the Contractor of the decision in writing within ten (10) calendar days.

24. Remedial Actions

24.1 The COR will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the COR checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

24.2 If the Government creates any discrepancies in contract services, these will not be counted against the Contractor’s performance.

24.3 When the Contractor is not meeting the limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue a CDR at the end of the period, or as soon as the limits of satisfactory performance is exceeded.

24.4 When a CDR is issued for a service, the Contracting Officer must deduct from the periodic payment, a percentage of that payment as indicated in the Performance of Work Requirements Summary (Appendix C).

24.5 If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued and the appropriate amount will be deducted from the periodic payment in accordance with the disincentive rate listed in the attached Performance of Work Requirements Summary (Appendix C).

24.6 A third CDR will be the cause for a Cure Notice. However, the Contracting Officer may issue a Cure Notice or Show Cause letter at any time he/she deems appropriate.

Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the contract.

25. Authorities/Technical Direction

25.1 The Contractor shall take no direction from any Government employee or any other person other than the Government Contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor will act upon those changes. The Contractor shall comply with the Changes clause of this contract when the Contractor believes direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contracting Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they will be appointed by written letter from the Contracting Officer to the Contractor and COR specific to this contract only. COR appointment letters from previous contracts at this installation are not valid for this contract.

26. Payment and Invoices

26.1 Invoices for payment shall be submitted upon completion of tasks as outlined in the pricing/payment schedule. Invoices shall include all necessary information, including any necessary supporting documentation required as part of this Performance Work Statement. All invoices must reflect the contract number, see Block 2 of the Standard Form 1449. The final invoice must be marked “FINAL”. Copies of all invoices shall be provided to the following:

26.1.1 An original invoice WITHOUT additional information or supporting documentation shall be mailed to:

USAED, Finance Center Attn: CEFC-FP 5722 Integrity Dr.

Millington, TN 38054-5005

Fax: 901-874-8731 Email: CEFC-Payments@usace.army.mil

26.1.2 A copy each of invoice WITH all necessary supporting documentation as required by this Performance Work Statement shall be mailed to:

U.S. Army Corps of Engineers, Sacramento District

CESPK-ODS-H, Hensley Lake Attn: Contracting Officer’s Representative P.O. Box 85 Raymond, CA 93653-0085

27. Contract Payments

27.1 The Government shall pay the Contractor upon submission of proper invoices for the services delivered and accepted or for the portion of work actually performed under the contract. Payment shall be made as indicated in the contract’s Payment Schedule.

Services as defined in the Payment Schedule of the contract must be accepted by the Government before payment will be made.

27.2 The Contractor shall be paid at the completion of services for the amount of work accomplished. Failure to complete any of the required items defined in the contract specifications for a particular service shall be cause for that service to be considered incomplete in its entirety. Incomplete services are not billable by the Contractor. As per the Performance Work Statement, if work accomplished is unsatisfactory and does not meet the contract specifications, the Contractor shall be subject to the parameters set forth in the Performance Work Statement, and may be held liable for any costs to the Government to correct the problem. The COR shall verify invoices before payment will be authorized.

27.3 The Contractor shall submit an invoice for payment following the completion of all line items for that service, verifying that all units, quantities and amounts are true and correct. Invoices shall be received by close of business on the first business day of the following month at Hensley Lake Park Headquarters. The invoice may also be faxed to Park Headquarters at (559) 673-2044 or emailed in a signed PDF format to the COR.

An invoice number, the billing period services performed, and itemized line item charges shall be indicated on the invoice in addition to the Contractor’s name, address, contact information and contact number. Hours performed shall be submitted separately with each invoice on a Safety Exposure Report (CESPD Form 94-R, See Appendix F).

Invoices will not be processed without the Safety Exposure Report.

27.4 The final payment will be authorized when all Government issued equipment has been returned and all reporting requirements have been met.

28. Required Clauses

28.1 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

(a) Definitions. As used in this clause— Postconsumer fiber means—

(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers’ over-runs, converters’ scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

(End of Clause)

28.2 Biobased Product Certification (May 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision)

28.3 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov .

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and

September 30; and

(2) Submit this report not later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

28.4 Hazardous Material Identification and Material Safety Data (Jan 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert “None”)

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f)…