QA Mat Test PWS.docx

PERFORMANCE WORK STATEMENT (PWS)

U.S. ARMY CORPS OF ENGINEERS - PORTLAND DISTRICT

ENGINEERING & CONSTRUCTION DIVISION

QUALITY ASSURANCE (QA) MATERIALS TESTING

Date: May 10, 2023

1.0 General Statement

This is a Firm Fixed-Priced, Multiple Award Blanket Purchase Agreement (BPA) entitled Quality Assurance (QA) Materials Testing. Requests for services will be made via a Call utilizing the pricing in this Agreement. The Period of Performance will be five years from the date of award.

1.1 The Contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and all other items necessary to perform QA materials testing services for the US Army Corps of Engineers (USACE), Portland District.

1.2 The Contractor shall collect, analyze, and submit reports for the collection of construction material samples taken per each Call issued by USACE, Portland District’s, Engineering & Construction Division. The locations of samples to be taken, and the needed QA Materials Testing, will vary and be within the Portland District areas of operation which covers all of Oregon and Southwest Washington. QA Materials Testing may be required at various designated sites such as construction work sites, fabricating shops, jetties, quarries, Government operation facilities, waterways, and treaty fishing sites among others.

1.3 The Contractor’s laboratory facility must be validated by the USACE Materials Testing Center (MTC) along with maintain ISO/IEC 17025 certification and remain validated throughout the life of this agreement.

2.0 Definitions

Throughout this agreement terms are defined as follows:

American Society for Testing and Materials (ASTM): An international standard organization that develops and publishes consensus technical standards for materials, products, systems, and services.

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR): The Government employee who has been authorized in writing by the KO as the Contracting Officer’s Representative, acting within the limits of their designated authority.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the Contractor as observed by the Government.

3.0 Government Shall Furnish

There is no Government Furnished Property under this agreement. All test specimens shall be obtained by the Contractor.

4.0 Contractor Shall Furnish

The Contractor shall provide all materials, parts, and labor in performance of the services as defined in this agreement. The Contractor shall have all necessary equipment to perform the stated work in their laboratory facility.

4.1 Laboratory Validation

All laboratories performing the required testing on Government contracts must be validated by the U.S. Army Corps of Engineers (USACE) Materials Testing Center (MTC) in Vicksburg, MS and remain validated throughout the life of this agreement. The MTC provides commercial laboratory inspection services to USACE Districts, to ensure compliance with Engineer Regulations (ER) 1110-1-8100 (Laboratory Investigations and Testing) and ER1110-1- 261 (Quality Assurance of Laboratory Testing Procedures). All information pertaining to the validation of commercial laboratories and the MTC can be found at https://mtc.erdc.dren.mil/, or by emailing MTC- Info@usace.army.mil.

The laboratories are also required to maintain ISO/IEC 17025 certification and remain validated throughout the life of this agreement

4.1.1 To be considered for award, USACE MTC validation shall be completed or in the process of completion. Additionally, the Contracting Officer may request re-validation during the course of the agreement, anytime conditions are judged to have changed or testing equipment and procedures become suspect.

4.1.2 The cost of validation and/or revalidation shall be borne by the laboratory/vendor. Work under this agreement may require the Contractor to report to the designated site for sampling prior to 24 hours of notification by the COR. Notification for testing may be made either by phone, email, or letter, and will be accompanied by, or followed up with a Call Order form. The Contractor shall perform the test in accordance with the requirements stated below. Test reports shall be submitted to the COR and the Authorized Ordering Individual (a listing provided at time of award)via email within 24 hours after completion of these tests. The Contractor shall submit a formal letter report to the COR and Authorized Ordering Individual within three business days of completion of services received. A senior employee of the Contractor’s company shall sign all test reports.

4.2 Personal Safety Protection & Other Equipment

Under the performance of this agreement, the Contractor shall provide their employees all personal protective safety equipment (PPE), such as hardhats, steel-toed boots, safety vest, safety goggles and hearing protection, as required per each Call issued. The Contractor shall provide any miscellaneous supplies necessary for inspection such as flashlights and any materials required to perform the work outlined by the COR.

4.3 Insurance Certificates

Proof of Insurance shall be submitted to the contracting office within five days after both parties have signed the agreement. Insurance shall be updated annually and kept current through the life of the agreement.

4.4 Letter of Authority

The Contractor shall provide and maintain throughout the life of the agreement, an up-to-date Letter of Authority outlining the individuals and the authorities granted within their company. This Letter of Authority shall contain the typed signature block, handwritten signature, and contact information for everyone granted authority with identification of the authority granted them. This Letter of Authority shall be signed by the individual who signed the agreement.

4.5 Subcontracting

The Contractor shall notify both the Contracting Officer and the COR in writing, of any work to be subcontracted. Compliance with the provisions of this agreement by subcontractors shall be the responsibility of the Contractor.

5.0 Performance Standards and Requirements

The Contractor shall perform all testing and sampling according to required ASTMs and other requirements outlined in the specifications and attachments of the contract for which the sampling and testing is to be performed. The Contractor shall provide sufficient supplies, materials, and equipment to adequately gather, collect, transport, and perform testing. Attachment 1 is the BPA Tests and Sampling Schedule and Price List which lists the approved sampling, anticipated quantity per each, and, at award, will list the price per each as agreed upon with the Contractor. The Contractor shall provide sufficient supplies, materials, and equipment to adequately gather, collect and transport samples to lab for testing. Note that Attachment 1 BPA Tests and Sampling Schedule and Price List may be updated for test/sampling needs, upon mutual agreement between the Contractor and the Contracting Officer.

5.1 Pre-Sampling Test Meeting and Out-Brief Meeting

The Contractor shall attend any pre-test or out-brief meeting to be held before and after the sampling or inspection is required, at the discretion of the COR and as annotated within the designated Call. Typically, the Government will provide the Contractor advance notice of meetings two business days prior to the pre-test or out-brief meeting. These meetings will be held by the COR at a Government location specified within each Call (telephonic or video meetings may be proposed as circumstances allow). At the pre-inspection meeting, the COR will review the requirements of the Call, the inspection schedule, hours, procedures, site access, and any security concerns. At the out-briefing, the Contractor will report any significant preliminary findings.

5.2 Qualification of Sampling and Testing Personnel

Technical personnel performing sampling and testing shall have a minimum of three years of experience in testing of construction materials. Certified Welding Inspectors (CWIs) shall have a minimum of five years of experience. Nondestructive Testing (NDT) Technicians shall have a minimum five years of experience as a Level II and shall have attained certification from a recognized authority in materials testing. At the sole discretion of the Government, alternate experience or comparable education may be substituted for a portion of the experience durations described herein. Recognized NDT certification authorities are the National Institute of Certification in Engineering Technologies (NICET), the American Concrete Institute (ACI), Portland Cement Association (PCA), and The American Society for Nondestructive Testing (ASNT). All NDT technicians shall be qualified per ASNT CP-189 2011 to Level II or III status. Level III technicians require practical examinations to conduct testing. The Contractor shall be required to submit copies of documents that attest the qualifications of the employees that shall be performing the work when a Call is issued and before work has begun.

5.3 Testing

The Contractor shall be performed according to required ASTMs and other requirements outlined in the Specifications of the contract in which the tests are being performed. Attachment 1 BPA Tests and Sampling Schedule and Price List which lists the test methods, anticipated quantity per each, and, at award, will list the price per each as agreed upon with the Contractor. The Contractor shall provide sufficient supplies, materials, and equipment to adequately test samples either on the designated site or at a lab. Note that Attachment 1 BPA Tests and Sampling Schedule and Price List may be updated for test/sampling need, upon mutual agreement between the Contractor and the Contracting Officer.

5.4 Response to Sample/Test Site

When testing at the designated site or collecting material samples for testing at the laboratory, the Contractor shall report to the designated site within 24 hours of notification by the COR. Notification for testing will be made either by phone, email, or letter.

5.5 Portland District Jetty Stone/Quarry Stone Sampling and Testing Requirements This section pertains to testing of jetty stone, as identified in the price schedule as Item “8”, Nos. 8A through 8H. These tests are modified from the basic ASTM, primarily the size of the sample tested. Tests shall be performed as indicated within this agreement. Samples and/or tests may be performed at construction site or designated quarry.

5.5.1 Testing

Separate tests shall be made for each different rock type. Indicate in the lab test report not only the results of the test, but also the requirement for that test.

Test procedures to be utilized are as follows:

a. Unit Weight and b. Absorption.

The unit weight (weight per cubic foot) shall be determined by multiplying the bulk-saturated-surface-dry (BSSD) specific gravity times 62.4 pounds per cubic foot. Specific gravity and absorption shall be determined in accordance with ASTM C127 (Modified) as follows:

1. The test sample shall consist of about 5,000 grams of generally cubical pieces of stone passing the 2-inch and retained on the 1-1/2 inch standard square mesh sieve sizes

2. The test pieces shall be laboratory prepared by jaw crushing or chipping

c. Abrasion.

The abrasion loss shall be determined in accordance with ASTM C131 (Modified) as follows:

1. The test sample shall consist of the same size and gradation

2. The abrasive charge used shall comply with that used for Grading "A”

3. The test sample shall be subjected to 500 revolutions

d. Magnesium Sulfate Soundness.

The test sample shall consist of 5± kg of rock pieces passing the 2 inch and retained on the 1-1/2 inch sieve, prepared as specified. The test is based upon ASTM C88 (Modified). The test shall be conducted through 5 cycles, which is known to require two to three weeks to complete.

e. Accelerated Expansion.

The test sample shall consist of 5± kg of rock pieces passing the 2 inch and retained on the 1-1/2 inch sieve, prepared and tested in accordance with Testing Procedure COE CRD-C 148 (Modified). Test results shall be computed by dividing the number of pieces that break down by the number of pieces in the original test sample. Failure or breakdown is defined as any piece separating into two or more pieces or losing sufficient surface material to allow it to pass through the 1- 1/2 inch sieve.

5.5.2 References for Portland District Quarry Stone Testing

COE CRD-C148

(Modified) (1969) Method of Testing Stone for Expansive Breakdown on Soaking in Ethylene Glycol (website: https://www.wbdg.org/ffc/army-coe/standards/crd-c148)

5.6 Reporting Procedures

Work under this agreement is scheduled to commence in accordance with the issued Call. In the absence of direction provided by a Call, then test reports shall be submitted via e-mail, within 24 hours after completion of the tests. Formal letter reports shall follow within three calendar days. All formal test reports must be signed by an individual authorized within the Letter of Authority, as mentioned above in paragraph 4.4.

Test reports shall be complete, clear, and shall include both the ASTM standard (or construction contract requirement) and the test results. When required to explain unusual test results or testing conditions, the Contractor shall enclose a narrative.

Delivery of test reports, (hardcopy, electronic copy, quantity, and format) will be coordinated at the time of each inquiry or request for service. Multiple offices within Portland District will be utilizing this agreement; all test results will be sent to and coordinated with the requesting office, the Authorized Ordering Individual, and COR.

6.0 Performance Requirements Summary (PRS)

The PRS is intended to ensure that the Government receives the services for which it contracted. The Government will only pay for services received. The Performance Requirement Summary (PRS) determines if the Contractor meets the performance standards of the agreement, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness, and that the Contractor is delivering the results specified in the agreement. Government contract Quality Assurance will be performed at such times and/or places as may be necessary to determine the services conform to the requirements.

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum Acceptable Quality Levels (AQL) of service required for each requirement. These thresholds are critical to mission success.

6.1 Performance Requirements Summary (PRS) Table

These are the criteria against which the performance will be evaluated. Work shall be considered not to have been performed when any one of the following conditions exists in accordance with the Quality Assurance Surveillance Plan (QASP).

PERFORMANCE REQUIREMENTS SUMMARY

Sampling (all paragraphs in 5.0)

100% Inspection

0 per quarter

Testing (all paragraphs in 5.0)

100% Inspection

0 per quarter

Reporting (Paragraph 5.0)

100% Inspection

0 per quarter

6.2 Surveillance

The method of surveillance is 100% inspections for all services. If the COR discovers deficiencies and/or receives complaints, the COR will pass them on to the Contractor's Quality Control Manager (QCM) for correction.

6.3 Quality Control (QC)

The Contractor, not the Government, is responsible for QC actions necessary to meet the quality standards set forth by the agreement and each Call. The Contractor shall develop and submit their Quality Control Plan (QC Plan) for Government approval after award in compliance with the PWS prior to work commencing. Once accepted, the QC Plan shall be used by the Contractor to ensure that they deliver quality service. The Quality Assurance Surveillance Plan (QASP) is a document that communicates to the Contractor the surveillance methods that will be used to measure its performance against the standards in the agreement and provides means by which the Government monitors and documents performance. Quality Assurance (QA) is the Government process that ensures the Contractor’s QC system is functional and effective. The surveillance methods identified in the QASP, together with the Contractor’s QC Plan, will help determine whether the Contractor delivers the performance set forth in the agreement. The Government reserves the right under the Contract Terms and Conditions—Commercial Items (FAR 52.212-4) to inspect and test the services called for by the Agreement, to the extent practicable at all times and places during the term of the Agreement. Non-conforming services shall be rejected.

6.4 Unacceptable Performance

When performance is determined unacceptable, as defined in the PRS, the COR will notify the Contractor’s representative that performance is unacceptable and provide written documentation. Disputes in surveillance shall be referred to the Contracting Officer. Examples of deficiencies include, but are not limited to:

a. Not reporting to the work site on time.

b. Reporting to the work site without necessary PPE.

c. Reporting to the work site without necessary equipment to perform the required service (test).

d. Providing a technician that is not familiar with the required service (test).

e. Providing a technician that is not certified to perform the required service (test).

f. Failure to perform the test in accordance with the applicable standard.

g. Failure to provide post-test reports in the specified timeframe.

h. Intentional disregard of applicable safety standards.

i. Failure to maintain validation through MTC for the life of the agreement.

6.4.1 Correction of Unacceptable Performance

The COR will notify the KO of less than acceptable performance. If any of the services do not conform to contract or agreement requirements, the Government may require the Contractor to perform the services again in conformity with the agreement requirements and at no additional cost to the Government. When the defect(s) in services cannot be corrected by re-performance, the Government may:

a. Require the Contractor to take necessary action to ensure future performance conforms to the agreement requirements.

b. Reduce the contract price to reflect the reduced value of the services performed.

c. If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with the agreement requirements, the Government may use one of these methods to resolve the deficiency:

(1) By contracted procurement or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service.

(2) Issue a Cure Notice.

(3) Terminate the Agreement for Government Convenience.

(4) Terminate the Agreement for Cause.

6.4.2 Correction of Non-Performance of Work

The Contractor shall employ an adequate quantity of personnel to ensure that any area found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, during the first business day after the non-compliance has been observed by or reported to and verified by the COR.

If the Contractor fails to perform or re-perform the services required by a Call, the Government may also choose to assign the work to another party. If this occurs, the Contractor shall be required to reimburse the Government for the full costs of the work performed including labor, materials, transportation, and supervision

The Government may require the Contractor to discontinue using any employee in the performance of the work specified in this agreement determined by the Government to be unsatisfactory.

6.4.3 Performance Standard

Recurring defects are not permitted for any of the above service items. No defect is recorded against the Contractor's performance if the defect is immediately corrected. However, if this same situation occurs again during the agreement period, an incident will be recorded and reported to the KO for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items (Dec 2022).

6.5 Damages Caused by the Contractor

The Contractor shall be held accountable and liable to the Government for any damages to Government facilities, fixtures, furnishings, equipment, or grounds caused by the Contractor or their employees.

6.6 Interference with Government Operations

Contractor and their employees shall perform all work in such a way as to not interfere with regularly scheduled Government operational activities.

7.0 Safety, Environmental, and Security Regulations and Procedures This section presents safety, environmental and security requirements and regulations that may involve training of Contractor and/or subcontractor training to work on a Government site. The Contractor shall maintain a current roster of the names of employees who have completed the training, the title of the training completed, and the most recent date that the training was completed, method of training delivery, and instructor's name if applicable. The Contractor shall submit the roster to the COR no later than 5 calendar days after each employee has received the training. The Contractor shall update the roster and resubmit to the COR no later than 5 calendar days after any changes.

If work occurs on a Government Facility, an ID Badge/Access Card may be issued to Contractor Employees; these items must be returned upon completion of work. When working at an Operating Project, the Contractor employee will be escorted by a Government Employee at all times.

7.1 Safety

The Contractor shall follow all safety regulations as set by Occupational Safety and Health Administration (OSHA), USACE Engineering Safety Manual-EM385-1-1 and project safe clearance procedures. Where conflicts in safety regulations occur, the most stringent shall apply. In accordance with EM 385-1-1, the Contractor shall prepare an Activity Hazard Analysis for approval by the COR prior to commencement of work. The online link to the USACE EM 385-1-1 is as follows: https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf?ver=7Cpck_22Ct_-w6QSGyOKVQ%3d%3d.

7.1.1 Safety Resources:

An additional site shown below contains many tools in helping fill out the safety and health program forms https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/ . This site will contain a link to any interim changes to the EM 385-1-1 safety manual as well as any global interpretations and/or questions that have been asked about the EM 385-1-1 forms for required Activity Hazard Analysis and Position Hazard Analysis.

7.1.2 Activity Hazard Analysis:

The Contractor shall determine those areas and activities in which possible safety hazards per each Call issued and note such information on the Activity Hazard Analysis (example within the EM-385-1-1). When completed, the Contractor shall identify hazards in each phase of services performed, what preventative measure the Contractor proposes to take to prevent such accidents and then return to the COR to retain on file.

7.1.3 Additional Plan Content and Responsibilities:

The Contractor shall be fully knowledgeable and provide upon request any or all plans for the safe handling, loading, transporting, transfer, storage, treatment, and disposal of all waste materials. In addition, first aid procedures for injuries shall be included in the safety and environmental plans listed. These plans shall describe safe work procedures for all phases of work based upon an Activity Hazard Analysis, for the job described herein.

7.1.4 Personal Protective Equipment and COVID-19 Mitigation

The contractor shall furnish approved personal protective safety equipment (PPE) such as safety footwear meeting ANSI Z41, hardhats distinct in appearance and differing in markings from Government issued hardhats, safety glasses, high visibility apparel, personal floatation devices, gloves, eye and hearing protection, as described in the Corps EM 385-1-1, Safety Manual. Face coverings, hand sanitizer, disinfectant wipes, and other COVID-19 mitigation supplies must be provided by the contractor. Additional contractor furnished equipment may be specified as needed on a per Call basis.

7.2 Accidents and Reporting

The Contractor shall make a written report of each separate case of an injury or accident. The report shall include, but not be limited to; location, nature of the injury or accident, authorities notified, and the action taken along with any other pertinent information. The report shall be accompanied by sketches, graphs/drawings, and photographs as needed and forwarded to the COR within 24 hours of occurrence.

The Contractor or the Contractor’s employees shall report any circumstances of needed repair of the facility or unusual soiling of any area which may affect the performance of the work and unhealthful or hazardous conditions or any delays or interference with the work caused by the employees or the Government.

7.3 Hazardous Energy Control Program (HECP) Training and Certification HECP establishes consistent procedures and criteria for the safe and reliable control of hazardous energy at Portland District operated facilities. Attachment 4 is the Portland District Supplement to USACE Hazardous Energy Control Program (HECP).

If a Call is placed for testing on a government facility within an HECP controlled area, HECP training is required. Provide annual Hazardous Energy Control Program - Affected Persons (HECP-AP) training to all Contractor and subcontractor personnel working under, or in the vicinity of, hazardous energy clearances as defined in USACE Portland District CENWP-OD Standing Safety Procedure 385-1 (Attachment 4), and as is authorized by Engineering Regulation ER 385-1-31, The Control of Hazardous Energy.

All costs for this training must be considered incidental to the work, and therefore, no additional payment will be made. Cost for the training is $55 per individual. Training is provided by Vivid Learning Systems and is available online at http://contractor.vividlms.com/. Submit the training completion certification a minimum of seven days prior to the individual’s arrival at site. Maintain training documentation on site, including the individual's name and date of training completion, in accordance with USACE Portland District CENWP-OD Standing Safety Procedure 385-1. HECP-AP training typically takes about an hour to complete.

7.4 Spill Response

The Contractor shall immediately notify the COR of any material spills. Any material spilled in the execution of this agreement shall be cleaned up immediately by the Contractor at their expense, and in a manner conforming to applicable regulations.

The Contractor shall immediately report any spill of a reportable quantity to the National Response Center and in Oregon-to-Oregon Emergency Response Service (OERS) or in Washington-to-Washington Department of Emergency Management. A reportable quantity spill released to the environment constitutes a spill emergency. If a spill occurs, priority shall be given to human health and safety; environmental protection; and protection of property, in that order. Once a spill is contained, the Contractor shall completely clean the spill area using properly equipped and trained personnel.

7.5 Security Requirements

The Contractor shall be responsible for safeguarding all Government equipment, information, and property as well as any equipment on the work site. At the close of each work period, Government facilities, equipment, and materials shall be secured.

7.5.1 Access and General Protection/Security Policy and Procedure 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., COR or Contracting Officer). Contract personnel are critical to the overall security and safety of 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 to the COR. 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 Requiring Activity (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.

All Contractor’s and all associated subcontractor’s 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.

7.5.2 AT Level 1 Training

All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

7.5.3 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.

7.5.4 Suspicious Activity Reporting Training

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity. One option for viewing training is available at: https://www.dhs.gov/nationwide-sar-initiative-nsi/if-you-see-something-say-something-public-awareness-video

7.5.5 Pre-screen Employees using E-Verify Program

Contractors shall comply with the 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 individuals 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.

7.5.6 Escort within Classified/Sensitive/Restricted Areas

In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or activities, or restricted areas.

7.5.7 Identification of Contractor’s Employees

The Contractor, before reporting for a Call, shall provide the COR with a list of all employees who shall perform work under the Call. The list shall include the full name, aliases, and work assignment of each employee. The Contractor shall notify the COR in writing of any addition, deletion or change in work assignment within one business day of such change.

All vehicles used by Contractor personnel on project shall bear suitable company identification to enable project personnel to identify such as authorized for access. The Contractor will provide the COR with a list of vehicles and their license plates that will be used to perform work. Vehicles shall be in good working condition, not dripping oil, etc. Any fluid spills (gasoline, oil, hydraulic fluid, antifreeze, etc.) shall be cleaned up immediately. Any spills into water shall be immediately reported to the onsite representative and COR. Safety features on vehicles shall be working.

8.0 General

8.1 Calls for Service

Work under this agreement is scheduled to commence in accordance with the issued Call. Calls will be issued when sampling and testing services available under this agreement become known and needed. Calls are issued via a Call Order Form provided as Attachment 5 QA Materials Testing Call Order Form Sample. Calls must be placed by authorized personnel; each contractor will be provided with a list of authorized personnel at time of agreement award. Calls are not to be received by the Contractor from individuals who are not designated as Authorizing Ordering Individuals. The Authorized Ordering Individuals may be changed by the Government at any time with an updated list provided to the Contractor.

8.1.1 For Calls under $25,000.00, the Government will contact a vendor/Contractor under the BPA directly. To choose a vendor/Contractor, the Government will consider (1) cost based upon awarded price schedule, (2) certification for the test needed, (3) availability, and (4) potential conflict of interest (on a particular project, the Government will not utilize a testing agency already being used by the Construction Contractor). Generally, the Government will attempt to spread work evenly amongst all vendors under the BPA. However, cost will be the primary factor when choosing a vendor.

8.1.2 The Contractor must be able to accept payments via Government Purchase Card (GPC) over the phone.

8.1.3 The Government will track Calls placed to the Contractor. A unique Call number will not be assigned per each Call placed by the Government. However, the Contractor is encouraged to establish a unique identifier per their company’s practice. An example of the Government’s BPA Call Tracking Sheet may be found in Attachment 6 BPA Call Tracking Sheet Sample.

8.2 Measurement and Payment for the Price/Bid Schedule

8.2.1 Price/Bid Items for tests with the unit of measure of EACH-“EA” shall be measured for payment based on the number of each test performed. The price and payment shall be compensation for labor, materials, and equipment to perform laboratory tests and to submit test reports as specified in the referenced standard for each unit item.

8.2.2 Price/Bid Items for tests with the unit of measure of SET shall be measured for payment based on the number of each set of tests performed as required by the indicated ASTM (typically three tests per one set). The price and payment shall be compensation for labor, materials, and equipment to perform laboratory tests and to submit test reports as specified in the referenced standard for each unit item.

8.2.3 Price/Bid Items for tests with the unit of measure of HOUR-“HR” shall be measured for payment based on the number of hours, or fractions of an hour thereof, expended to perform tests at the designated site or fabrication shop. The price and payment shall be compensation for labor, materials, and equipment to prepare samples at the designated site, to perform field tests, and to complete test reports as specified in the referenced standard for each unit item.

8.2.3.1 Specific to Price/Bid Item 0006 and sub-contract line items shall be measured for payment based on the number of hours, up to 8 hours per day, or fractions of an hour thereof, for reading and interpreting films of welds. The Nondestructive Examination (NDE) inspections may be scheduled to facilitate a structural engineer from the Government and/or an A-E Contractor to be on-site concurrent with the testing agency. The NDE technician shall take reasonable measures to coordinate and communicate to the engineer the results of the NDE while both parties are on-site.

8.2.4 Price/Bid Item “0009A” shall be measured for payment based on the number of miles traveled to the site from the laboratory, home, or lodging establishment. Payment shall be made at the mileage rate stated in the Joint Travel Regulations (JTR), Vol. II. The rate shall be full compensation for vehicle use, fuel, maintenance, insurance, licensing and other expenses related to using a vehicle in the prosecution of work. To view the current mileage rates, log on to https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates

8.2.5 Price/Bid Item “0009B” shall be measured for payment based on the number of days and nights and fraction thereof spent away from home for the purpose of performing fieldwork at a designated site. Payment shall be made to cover the actual invoiced cost of lodging, not exceeding the total cost authorized by the JTR Vol. II governing the USACE, Portland District. Invoices that include lodging and M&IE (per diem) must include receipts and detailed documentation of the claimed activities as per the requirements of the JTR Vol. II. Current lodging rates are available at https://www.defensetravel.dod.mil/site/perdiemCalc.cfm.

8.2.6 Price/Bid Item “0009C” shall be measured for payment based on the number of hours, or fraction of an hour thereof, for administrative time to provide on a per Call basis. Provide documentation, as may be requested per Call, to substantiate hours invoiced.

8.2.7 Price/Bid Item “0009D” shall be measured for payment based on the job. This is a lump sum, per job or “Call”, intended to provide for occasional use of courier or shipping services to transport a sample from a designed location to the lab. These services will be provided by the lab as either self-provided or coordinated with a vendor. This will only be as requested per Call, and estimation of this cost prior to use of the courier or commercial shipping services will be required. Invoice shall contain documentation of both the estimated cost and the final invoice amount. Payment will only be made to the lab listed on the Call for this CLIN.

8.3 Invoicing for Work

The Contractor may invoice USACE for work performed at the conclusion of a test, after the test results have been provided. Invoices shall be submitted based upon the information contained in the Call and upon the dollar value of the Call. As stated previously, calls under $25,000.00 will be paid for by credit card

8.4 Smoking on Government Property

There is a NO Smoking policy in all Government Buildings. The Contractor shall verify with COR if and where smoking is permitted prior to work being performed. Smoking may not be allowed on Government Property due to fire hazard.

8.5 McNamara-O'Hara Service Contract Act (SCA)

The SCA will apply to all Calls over $2,500 and the requirements of the SCA would apply to all employees working on the Calls.

Every employer performing work covered by McNamara-O'Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite, (for this agreement the worksite would be the employee’s place of work or laboratory), where it may be seen by all employees performing work on the agreement. A copy of the poster is available at the following website for the Department of Labor: http://www.dol.gov/whd/regs/compliance/posters/sca.htm.

8.6 Contract Changes

Changes in scope, time, or deliverables can only be authorized by the Contracting Officer (KO). The Contractor shall notify the KO immediately if they have received direction to perform work outside the scope of the contract. Changes in scope will be negotiated and a written modification issued, before proceeding with the work.

8.7 Veterans Employment Emphasis for USACE Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) Contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE Contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant Contract, USACE Contractors are encouraged to seek out highly qualified veterans to perform services under this Contract. The following resources are available to assist USACE Contractors in their outreach efforts:

U.S. Department of Labor Veterans employment: www.vets.gov Federal veteran employment information: www.fedshirevets.gov/index.aspx Veterans' Employment and Training Service (VETS): http://www.dol.gov/vets Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow Hiring Our Heroes initiative: www.uschamberfoundation.org/hiring-our-heroes

8.8 Points of Contact

Points of contact for each Call, including onsite QA Materials Testing for the gathering of samples, will be established at the time each Call is placed. The COR(s) will be established and communicated to the Contractor following contract award.