B08 W911WN23Q3007 solicitation.pdf
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SEE ADDENDUM
(No Collect Calls)
W911WN23Q3007 05-Apr-2023
b. TELEPHONE NUMBER
412.395.7549
8. OFFER DUE DATE/LOCAL TIME
11:00 AM 14 Apr 2023
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W911WN9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
LEANNA C LESEFKA
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
W81ET430467184
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 ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
U.S. ARMY ENGINEER DISTRICT, PITTSBURGH
ATTN CELRP-RC-P
W S MOORHEAD FEDERAL BUILDING
1000 LIBERTY AVENUE ROOM 2203
PITTSBURGH PA 15222-4186
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 9624BD 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
TIONESTA LAKE
RESOURCE MANAGER
US ARMY CORPS OF ENGINEER
P.O.BOX 539
TIONESTA PA 16353-0539
TEL: 814-755-3311 FAX:
412-395-7110FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
47000000
NAICS:
562111
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 OF49
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.
W911WN23Q3007
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 78 Each 1 Yard Dumpster SITE 1
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
FOB: Destination
PURCHASE REQUEST NUMBER: W81ET430467184
PSC CD: S205
NET AMT
0002 39 Each 3 Yard Dumpster SITE 1
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
FOB: Destination
PURCHASE REQUEST NUMBER: W81ET430467184
0003 80 Each 3 Yard Dumpster SITES 3 & 4
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
FOB: Destination
0004 65 Each 6 Yard Dumpster SITE 2
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
0005 164 Each 6 Yard Dumpster SITES 3, 4 & 5
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
1001 78 Each OPTION 1 Yard Dumpster SITE 1
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
1002 39 Each OPTION 3 Yard Dumpster SITE 1
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
1003 80 Each OPTION 3 Yard Dumpster SITES 3 & 4
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
1004 65 Each OPTION 6 Yard Dumpster SITE 2
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
1005 164 Each OPTION 6 Yard Dumpster SITES 3, 4 & 5
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
2001 78 Each OPTION 1 Yard Dumpster SITE 1
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
2002 39 Each OPTION 3 Yard Dumpster SITE 1
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
2003 80 Each OPTION 3 Yard Dumpster SITES 3 & 4
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
2004 65 Each OPTION 6 Yard Dumpster SITE 2
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
2005 164 Each OPTION 6 Yard Dumpster SITES 3, 4 & 5
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
3001 78 Each OPTION 1 Yard Dumpster SITE 1
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
3002 39 Each OPTION 3 Yard Dumpster SITE 1
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
3003 80 Each OPTION 3 Yard Dumpster SITES 3 & 4
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
3004 65 Each OPTION 6 Yard Dumpster SITE 2
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
3005 164 Each OPTION 6 Yard Dumpster SITES 3, 4 & 5
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
4001 78 Each OPTION 1 Yard Dumpster SITE 1
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
4002 39 Each OPTION 3 Yard Dumpster SITE 1
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
4003 80 Each OPTION 3 Yard Dumpster SITES 3 & 4
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
4004 65 Each OPTION 6 Yard Dumpster SITE 2
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
4005 164 Each OPTION 6 Yard Dumpster SITES 3, 4 & 5
FFP
In accordance with the Performance Work Statement, Attachments, Maps and Appendices contained herein.
LINE ITEM TOTALS
LINE ITEM TOTALS
Base Period (Line Items 0001 – 0005) $ Period of Performance for Base Year: 1 May 2023 through 30 April 2024
Option Year 1 (Line Items 1001 – 1005) $ Period of Performance for Option Year 1: 1 May 2024 through 30 April 2025
Option Year 2 (Line Items 2001 – 2005) $ Period of Performance for Option Year 2: 1 May 2025 through 30 April 2026
Option Year 3 (Line Items 3001 – 3005) $ Period of Performance for Option Year 3: 1 May 2026 through 30 April 2027
Option Year 4 (Line Items 4001 – 4005) $ Period of Performance for Option Year 4: 1 May 2027 through 30 April 2028
TOTAL (Line Items 0001 – 4005) $ Base and 4 Option Years
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services
DEC 2022
52.203-3 Gratuities APR 1984 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
MAR 2023
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.244-7000 Subcontracts for Commercial Products or Commercial Services
JAN 2023
252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the remaining period of the contract and any exercised option periods after the effective date of contract award.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
(a) Definitions. As used in this clause--
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance.
Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
*per 48 CFR 22.1016 –Statement of equivalent rates for Federal hires.
Employee Class Grade Monetary Wage – Fringe Benefits
99730 Refuse Collector WG-2 $17.80
Employee Class Grade Monetary Wage – Fringe Benefits 99730 Refuse Collector WG-2 $16.00 **FRINGE BENEFITS include:
1. Contribution of up to one point six (1.6%) of basic hourly rate for health and insurance.
2. Contribution of up to thirteen point two (13.2%) of basic hourly rate for retirement:
a. Hires prior to 2013 – 13.2%
b. Hires 2013 and after – 11.1%
3. Ten (10) paid Federal holidays
4. Paid Annual Leave (Vacation) as follows:
a. Two (2) hours of annual leave each week for an employee with less than three (3) years of service.
b. Three (3) hours of annual leave each week for an employee with three but less than fifteen (15) years of service.
c. Four (4) hours of annual leave each week for an employee with fifteen (15) or more years of service.
5. Paid Sick Leave – Two (2) hours each week.
6. Obligatory 1% Agency contribution to Thrift Savings Plan
7. Match up to 4% employee contribution to Thrift Savings Plan
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR: www.acquisition.gov DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
52.212-5 Contract Terms and Conditions Required to Implement
Statutes or Executive Orders--Commercial Products and
MAR 2023
PERFORMANCE WORK STATEMENT
SECTION C-1
General
C-1.1 PROJECT INFORMATION.
The Tionesta Lake Project is located in Tionesta Township in southwestern Forest County, PA. The dam is located on the Tionesta Creek approximately one-half mile upstream of the confluence with the Allegheny River. Public-use facilities owned and operated by the U.S. Army Corps of Engineers (USACE) include Tionesta Recreation Area with a 125 site campground, Outflow Recreation Area with a 37 site campground, Kellettville Campground with 20 campsites, Tionesta Lake park area including the Project and Ranger Offices and Visitor Center. Tionesta Lake also hosts multiple trails; Arrowhead Trail, Creek Side Trail, Dam Site Trail, Information Loop Trail, Mill Race Trail, Plantation Trail and Summit Trail.
C-1.2 SCOPE OF WORK. The work to be performed consists of furnishing all necessary labor, materials, vehicles, tools, supplies and equipment to collect and dispose of rubbish, trash and construction trash at Tionesta Lake 477 Spillway Road Tionesta PA 16353, Tionesta Recreation Area 1206 Beach Rd Tionesta PA 16353, Outflow Recreation Area located adjacent to Tionesta Recreation Area on Elm St Tionesta PA 16353 and Kellettville Recreation Area 979 Kellettville Rd Tionesta, PA 16353. The areas are designated in Attachments 1 and 2.
The collection can be performed, either on Monday or Tuesday; but shall occur on the same day every week. If a holiday falls on the pickup day, then collection will be on the proceeding day.
Collection includes removal of all contents in the container and all trash, paper, bottles, cans, and other debris on the ground within a ten-foot radius of the container. Each container shall be returned to its original location and the lid closed.
See Attachment 1 for information on dumpster location, quantity, container size, time period and frequency. See Attachment 2 for Maps 20, 21 and 22 with dumpster locations.
C-1.3 GENERAL REQUIREMENTS
It is the responsibility of the contractor to comply with all state and local laws and regulations concerning solid waste transportation and disposal. Disposal shall be done only at a site approved for that purpose. A copy of the current Solid Waste Disposal Permit issued, by the Pennsylvania Department of Environmental Resources Bureau of Waste Management, to the land fill site property owners shall be furnished to the Contracting Officer Representative (COR) prior to the commencement of work.
The contractor shall furnish and maintain all dumpsters in an operationally and safe condition at all times.
Dumpsters shall be maintained in a neat, clean, vector free condition. Dumpsters furnished by the contractor shall be leak proof, in a fully serviceable condition (no defects) and shall be compatible with the hoisting mechanism of the contractor’s collection vehicles and comply with the requirements specified herein and in the schedule. Standard safety decals shall be attached to the dumpsters.
C-1.4 INVOICES.
The Government pays only for those services performed and accepted. All invoices are to be submitted to the Contracting Officer’s Representative (COR) for review no later than the 15th day of the month following the month the services are performed. USACE does not use the Wide Area Workflow (WAWF) module in PIEE to pay invoices.
If needed, after final payment has been made for services any option year on the contract, the Contract Specialist will send an email notification with information addressing service(s) not used during the performance period.
Subsequently, a bilateral modification will be issued by the KO to de-obligate funds for services not used and to reflect the services received by the government.
C-1.5 WORKING HOURS.
a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:30 a.m. to 3:00 p.m. Eastern Time (ET). Collection shall be performed between the hours of 7:00 AM and 3:00 PM ET as specified on the schedule.
b. Holiday Work. The eleven Federal holidays observed are:
New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Juneteenth (June 19th) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)
When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the COR.
C-1.6 CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the COR at the pre-work conference for this contract:
a. Quality Control Plan (QCP). A suggested outline of components for the Contractor's QCP is in Appendix I.
b. Accident Prevention Plan (APP). A suggested outline for the Contractor’s Accident Prevention Plan is in Appendix II. See Section C-1.9.b for APP requirements.
c. Certificate of Insurance. See Section C-1.32a.for requirements.
d. Security Requirements. See Section C-1.9.h for requirements.
e. A letter of compliance and a signed release from the dump site property owner, if applicable.
C-1.7 PERMITS AND LICENSES. Any licenses or permits required to perform all aspects, requirements, and work under this contract shall be obtained at the Contractor’s expense. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.
C-1.8 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. The Contractor’s employees, other than office and clerical personnel, shall be furnished with standardized uniforms (shirt-pants/shirt-skirt) with a company patch or embroidered identification on the breast pocket or on the sleeve at the top of the arm, within thirty
(30) calendar days after notice of award of the contract. A hat with the Contractor’s company logo may also be worn. Any employee hired thirty (30) calendar days after award of the Contract shall be in the required uniform within 14 calendar days of the date of hire. Contractor uniforms shall not resemble USACE uniforms. Contractor employees and subcontractors shall wear these uniforms at all times they are performing work under this contract.
Exceptions may be granted by the COR for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the COR. Stained or faded uniforms shall not be worn. All vehicles used by the Contractor to perform work under this contract shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an attractive and readily visible means of identification. These are to be professionally- made vinyl stick-on magnetic type signs. ‘Homemade’ signs made on a computer or with magic marker or stick-on letters and numbers on cardboard, etc., are not acceptable.
C-1.9 SAFETY AND SECURITY REQUIREMENTS.
a. The Contractor shall comply with all current provisions of the Occupational Safety and Health Act (OSHA) in addition to the requirements of the Corps of Engineers Manual, EM 385-1-1, "Safety and Health Requirements Manual" (see http://www.usace.army.mil/CESO/Pages/EM385-1-1.aspx). If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the Contracting Officer may issue a stop work order for all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made subject to a claim for extension of time or for excess costs or damages to the Contractor. The Contractor will not be paid for work not performed as a result of the stop order.
b. Security Requirements.
1. ANTI-TERRORISM/OPERATIONAL SECURITY (AT/OPSEC) per ENG Form 6055.
i. AT/OPSEC 1. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.
ii. AT/OPSEC 3. Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel, requiring unescorted access to meet contract performance requirements on a DOD installation in the US shall be vetted by the installation/facility provost marshal/Directorate of Emergency Services/Security Office using the national Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC – III”) and Terrorist Screening Database, commonly referred to as “TSDB”. Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures.
Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.
The Contractor shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation to the USACE Pittsburgh District Security Office within 2 weeks prior to onsite work. If any additional individuals are subsequently added to be onsite, their information must be submitted to Security for a background check via the process identified below. The Contractor must submit the Full Name, Date of Birth, and Social Security Number (Appendix III) for all associated Contractor or subcontractor employees to the USACE Pittsburgh District Security Office. The USACE Pittsburgh District Security Office needs a minimum of 30-day lead time to process Foreign Nationals. Please contact the District’s Security Office directly to obtain submission requirements. The completed Form shall be emailed as password-protected to the USACE Pittsburgh District Security Office, to the following individuals: Ivan Russell, Security Specialist, 412-395-7591, ivan.r.russell@usace.army.mil and Andrew Wasko, Security Specialist, 412- 395-7643, andrew.j.wasko@usace.army.mil, followed by a new, separate email with the password to the Security Specialists. The District retains the right to deny any Contractor and subcontractor employee from working on one of its contracts based on final background investigation results.
iv. AT/OPSEC 14. Prescreen candidates using E-Verify program: Contractor shall comply with requirements set forth in FAR clause 52.222–54 Employment Eligibility Verification and FAR Subpart
22.18 in using the E-Verify program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102–1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individual will be required to complete a Form I–9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.
C-1.10 ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the COR immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the COR. The Contractor shall maintain an OSHA 300 Log of Work-Related Injuries and Illness:
https://www.osha.gov/recordkeeping/RKforms.html
C-1.11 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged, as well as the public’s property, it shall be reported immediately to the COR. When the damage was caused by contractor employees, the contractor must submit a written report of the incident and extent of such damage to the COR, within two (2) business days of occurrence. For property damage accidents determined by the COR of $2,000 or more, the Contractor will complete and submit to the COR a copy of ENG 3394 (Appendix IV).
C-1.12 CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contractor employees shall conduct themselves in a proper and courteous manner at all times. Since the majority of work is performed in the presence of the general public, the conduct of all contractor employees is critical and will be closely monitored. Contractor employees shall comply with all provisions of 36 CFR Part 327 and shall obey all posted signs and regulations in the performance of the work under this contract. Contractor employees shall not be under the influence of or consume alcoholic beverages or controlled substances while on duty.
a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or ask their subcontractor to remove the employee whose continued employment is deemed by the COR to be incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible.
No removal shall reduce the Contractor's obligation to perform all work required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made.
b. Combatting Trafficking in Persons. The United States has adopted a zero tolerance policy regarding trafficking in persons. Contractors and Contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy and the actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment. The Contractor shall take appropriate action, up and including termination, against employees or subcontractors that violate the U.S. Government policy as described at FAR 22.17.
C-1.13 DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials, and equipment, and the personal property of Contractor employees from loss, damage, or theft. The Government assumes no responsibility for loss, theft, or damage of the property listed above.
C-1.14 RESERVED
C-1.15 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the COR. Any of the facilities operated by the Contractor may be inspected by the COR, or other Federal, State and local officials without advance notice. Access for inspection shall be granted upon request.
Citations against Government facilities operated by the Contractor for non-compliance with environmental standards are a matter for resolution between the Government Entity that issued the citation and the COR. Payment of fines or penalty charges associated with citations issued by Federal, State or local officials will be paid by the Government.
If the citations are issued due to faulty operation or maintenance practices of the Contractor, the KO or COR will deduct the fine from any monies due the Contractor.
The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills shall be reported to the COR immediately.
C-1.16 DEFICIENCIES.
a. REPERFORMANCE. If any of the work performed does not conform to contract requirements, the Government may require the Contractor to perform the work again at no cost to the Government. When the defect in work cannot be corrected by reperformance, or cannot be corrected in the specified time frame, the Government may, by separate contract or otherwise, perform the work and charge the Contractor any costs incurred by the Government that are directly related to the performance of such work. The actual cost includes, but is not limited to, labor costs including benefits, transportation, and materials.
b. A Contract Discrepancy Report will be issued to the Contractor for any failure to perform services. The CDR describes the discrepancy or defect and will be discussed with the Contractor Representative when it is issued. The Contractor’s written response on the CDR form shall be provided within 24 hours of issuance. The Contractor's response must:
1. Identify the cause and corrective action taken, and
2. Identify Contractor action to prevent recurrence.
The COR will evaluate the Contractor's response and record the corrective action to be taken, which may include the KO making necessary deductions I.A.W. the Performance Requirements Summary (Attachment 3). Upon finalization of the CDR, the Contractor and the COR must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision or finding, the Contractor may so state, in writing, and request a final decision by the KO. The KO will review all CDR's issued; CDRs will also become a part of the permanent contract file.
C-1.17 RESERVED.
C-1.18 QUALITY CONTROL. The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct discrepancies in the quality of services performed before the level of performance is unacceptable.
The program shall include, but not be limited to the following:
a. An inspection system covering all the services stated in the contract Performance Work Statement.
b. A method of identifying and correcting discrepancies in the quality of services performed before the level of performance is unacceptable.
c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the COR.
d. A method of insuring that employees have full knowledge of work assignments and that appropriate technical expertise is utilized with each work assignment.
e. A method of coordinating each work crew’s activities with the COR.
A suggested outline of components for the Contractor's QCP is described in Appendix I. The Contractor may use any or all portions of this template to prepare a QCP. A signed plan, including Contractor specific information, shall be provided to the KO and the COR for review in advance of the pre-work conference. A COR-approved QCP must be in place prior to the start of work. A living document, upon the incorporation of any changes, updated copies of the QCP shall be provided to the KO and COR for review and COR approval.
Failure to provide appropriate Quality Control may result in issuance of a CDR, and/or termination of the contract.
C-1.19 QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. The Government will monitor the contract to ensure compliance using a Quality Assurance Surveillance Plan (QASP) but reserves the right to alter the plan at its own discretion. The Government reserves the right to change methods of inspection as deemed necessary.
The Government will keep a record of all complaints received by the public concerning Contractor performance.
Upon receipt of a written complaint by the public, the Government will attempt to verify the complaint and furnish a copy of the findings to the Contractor. Should the Government verification reveal a nonperformance by the Contractor, a CDR may be issued.
A Government employee shall not be considered an Inspector unless identified as such to the Contractor, the Contractor Representative, or Quality Control Inspector. No Inspector is authorized to change any provision of the specifications without written authorization of the KO nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.
C-1.20 RESERVED
C-1.21 RESERVED
C-1.22 RESERVED
C-1.23 RESERVED
C-1.24 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and all malfunctioning Government equipment to the COR. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the work sites shall be placed into the custody of the COR for return to the owner, if ownership can be established. The Contractor shall inform the COR of any information the Contractor or Contractor’s employees receive about lost and/or found articles from the public.
C-1.25 RESERVED
C-1.26 RESERVED
C-1.27 RESERVED
C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS. The Government may undertake or award other contracts, or have lessees or volunteers performing certain work, including work that could otherwise be performed utilizing Task Orders under this contract. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by another Contractor, volunteer, lessee, or Government employee. The KO can alter the work schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any such change (or failure to make such a change) by the KO shall not be the basis for a claim by the Contractor.
C-1.29 REPORTS. The Contractor shall, in an accurate and timely manner, prepare all reports, forms and permits as required in this contract. Examples of these reports, forms, and permits include, but are not limited to:
Supplies Furnished and Used Contractor Portion of Any CDR Quality Control Inspection Checklists Equipment Inspection/Maintenance Worksheet (ENG Form 5007-R) Activity Hazard Analysis (AHA) (Appendix V)
C.1-30 WAGE DETERMINATION WAGE RATE INCREASE. In accordance with FAR 52.222-43 – Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contract), any request for an increase under this clause must be within the terms of the clause.
C-1.31 RESERVED
C-1.32 INSURANCE
a. Insurance shall be procured and maintained at the Contractor’s expense during the entire performance period of this contract. The minimum coverages and liability limits are below:
1. Worker’s Compensation & Employer’s Liability:
$100,000 (PA) and as Legally Required by the State (OH & WV)
2. Comprehensive General Liability:
Bodily Injury Per Occurrence $500,000 Property Damage $100,000
3. Automotive Liability:
Bodily Injury Per Person/Per Occurrence $200,000/$500,000 Property Damage $20,000
b. Prior to the commencement of work hereunder, the Contractor shall furnish to the KO a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interest of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) calendar days after written notice thereof to the KO.
c. The Contractor shall also require all first tier subcontractors who will perform work on a Government installation to procure and maintain the insurance required as stated above during the performance of this contract.
The Contractor shall furnish a current Certificate of Insurance, for each first tier subcontractor, to the KO, at least five (5) calendar days prior to entry of each such subcontractor's personnel to the Government installation.
C-1.33 HELPFUL LINKS If they do not open, copy and paste into your browser.
Federal Acquisition Regulation (FAR): https://www.acquisition.gov/content/regulations
Code of Federal Regulations: www.eCFR.gov
Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1:
https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf
Department of Labor, Wage and Hour Division: https://www.dol.gov/whd/
Manual of Uniform Traffic Control Devices: http://mutcd.fhwa.dot.gov/
OSHA: https://www.osha.gov/recordkeeping/RKforms.html
SECTION C-2 RESERVED
SECTION C-3 RESERVED
SECTION C-4
Solid Waste Removal
C-4.1 SCOPE OF WORK. The work to be performed under this Section consists of furnishing all necessary labor and equipment to collect and dispose of trash and garbage in the areas designated in Attachments 1 and 2.
C-4.2 SCHEDULE OF WORK. Collections shall be made as listed in Attachment 1.
C-4.3 LOCATION OF WORK. The number and type of receptacles required, and their locations are provided in Attachment 1 and 2.
C-4.4 WORK TO BE PERFORMED.
a. It shall be the responsibility of the Contractor to comply with all state and local laws and regulations concerning solid waste disposal. Disposal shall be done only at a site approved for that purpose.
b. A letter of compliance and a signed release from the dump site property owner will be furnished to the Government during the Pre-work Conference.
c. Vehicles shall use the existing service roads. Gross vehicle weight restrictions for Government roads, if any, are listed in Attachment 1. Any state or local road use permits required shall be the responsibility of the
Contractor.
d. The Contractor shall supply and service the receptacles identified in Attachments 1 and 2. These receptacles shall be in place 48 hours before the first scheduled pickup. The Contractor-furnished receptacles shall be maintained in an operationally safe, serviceable condition at all times.
e. Complete Pickup Service. The following specific services shall be performed as one complete pickup service:
1. Removal of all contents of the dumpster/garbage receptacles and all trash, paper, bottles, cans and other debris on the ground within a ten-foot radius of each dumpster/garbage receptacle.
2. Containers shall be returned to their original locations with lids closed.
Attachments
Attachment 1 Solid Waste Removal Attachment 2 Maps Attachment 3 Performance Requirements Summary Attachment 4 Wage Determination 2015-4247 Rev 20 dtd 27 December 2022
Appendices
Appendix I Quality Control Plan Appendix II Accident Prevention Plan Appendix III LRP Security Information Sheet Appendix IV ENG 3394 Appendix V Activity Hazard Analysis Appendix VI Electronic Invoicing Instructions for the USACE Finance Center
52.212-1 Instructions to Offerors--Commercial Products and
MAR 2023
52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.217-5 Evaluation Of Options JUL 1990 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.225-7055 Representation Regarding Business Operations with the Maduro Regime
MAY 2022
252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)
MAY 2020
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such…
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