W911KB24Q0008.pdf

W911KB24Q0008

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

AK DISTRICT HQ - REMOVE TREES & STUMPS

FFP

Non-Personal Services: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other requirements necessary to cut down and haul away trees identified with ribbons in accordance with the attached Performance Work Statement. Service Contract Act Wage Determination 15-5681(Rev 21) is attached to this solicitation and any resultant contract.

FOB: Destination

PSC CD: S208

NET AMT

SCHEDULED SITE VISIT

Prospective contractors are strongly encouraged to participate in a scheduled site visit with the USACE customer. A site visit is Mandatory to participate in this acquisition. Failure to attend the site visit will not be basis for a later claim. See FAR 52.237-1. Contractor shall send First name, Middle name, Last name, and if applicable, Suffix (i.e. Sr., Jr., III), for all personnel planning to attend who do not already have base access and send to William Egeberg at William.G.Egeberg@usace.army.mil as soon as possible upon receiving this request for proposal, Not Later Than 2:00 PM Alaska Time on 16 Aug 2024.

The site visit will be on 19 Aug 2024 and commence at 1000 at the JBER Office.

Contractors will assemble at the Bldg 2204 Annex, 2204 Talley Avenue (Third Street).

JBER Office Address:

2204 3rd Street - Annex Joint Base Elmendorf Richardson-Elmendorf, AK 99506

The Point of Contact for site access is:

William Egeberg District Facilities Manager Ph: 907-753-2732 William.G.Egeberg@usace.army.mil

Questions from prospective contractors will not be answered during the site visit.

Questions or requests for clarifications shall be directed in writing to the contract specialist, Mr. Ernest Woods at Ernest.L.Woods@usace.army.mil not later than 4:00 pm Alaska Daylight Time, 26 Aug 2024.

Proposal Submission Requirements and Basis of Contract Award

USACE Alaska District HQ 2024 Tree and Stump Removal

JBER-Elmendorf, Alaska 12 August 2024

This is a “Lowest Price Technically Acceptable (LPTA)” solicitation. The Government will evaluate the proposals in accordance with the criteria described herein and award the contract to the responsible Offeror whose proposal is determined to represent the LPTA proposal. The Government will evaluate technical proposals in accordance with the criteria described herein and will award a contract to the LPTA Offeror. Award will be made based on the lowest evaluated price of those proposals that are deemed Acceptable. Proposals receiving an “Unacceptable” rating for Factor 1 below will be excluded from consideration for award.

The evaluation factors for this action are:

VOLUME 1 – TECHNICAL PROPOSAL

Factor Location Description Rating

Factor 1 Vol. 1 Experience Acceptable/Unacceptable

Adjective Ratings: The following adjective ratings will be used in the evaluation of Factor 1 (Experience and Qualifications).

Acceptable (A): The proposal meets minimum requirements of the solicitation.

Unacceptable (U): The proposal does not meet the requirements of the solicitation.

VOLUME 2 – PRICE PROPOSAL

Factor Location Description Evaluation

Factor 2 Vol. 2 Price *Lowest Price

*EVALUATION OF OPTIONS: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

PROPOSAL EVALUATION CRITERIA

Proposals will be evaluated in accordance with the selection criteria below.

The Contractor should prepare their proposal based on information provided in the solicitation documents and which demonstrated their capability to successfully execute the required services. The Government will evaluate the offeror’s experience, qualifications, and price in accordance with the criteria described herein.

Volume 1, Factor 1: Experience and Qualifications. Submit a proposal that demonstrates the offeror has the experience and qualifications listed below. The Experience description shall be no longer than four (4) pages in length and shall specifically address the following:

1. Describe at least two (2) examples within the past five (5) years of relevant work experience that demonstrates the ability to successfully meet the contract requirements outlined within the Scope of Work.

The evaluation standard has been met when the proposal demonstrates that the offeror has the number of examples and relevant types of experience indicated above.

Volume 2, Factor 2: Price. Submit a properly filled out price schedule.

PROPOSAL SCHEDULE

USACE Alaska District HQ 2024 Tree and Stump Removal JBER-Elmendorf, Alaska

LINE DESCRIPTION PRICE

1 Remove trees and stumps – Area 1 * 2 Remove trees and stumps – Area 2 * 3 Remove trees and stumps – Area 3 * 4 Apply herbicide to all stumps Total Items 1-4

* Areas will be identified at the Mandatory Site Visit.

PERFORMANCE WORK STATEMENT (PWS)

TREE AND STUMP REMOVAL AND HAUL OFF

USACE ALASKA DISTRICT HEADQUATERS

Part 1 – General Information

1. General: This is a service contract to cut down and haul away designated trees and located at the front of the U. S. Army Corps of Engineers (USACE), Alaska Headquarters campus. The Government will not exercise any supervision or control over the Contractor employees performing the services herein. Contractor employees must be accountable solely to the Contractor, who in turn is responsible to the Government.

1.2 Background. The designated trees are dying or diseased, are in poor condition, or do not meet the required safety requirements of the USACE Alaska Headquarters campus.

1.3 Objectives: The objective of this contract is to have approximately 35 trees removed, stumps/roots ground and debris removed.

1.4 Scope: Non-Personal Services: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other requirements necessary to cut and haul trees identified with ribbons. The trees identified in the document and confirmed during the site visit need to be cut and the stumps ground level to the surrounding terrain. The contractor shall apply herbicide to the ground stumps and/or roots in accordance with standard industry practices.

1.5 General Information:

1.5.1 Period of Performance: The period of performance shall be from 1 Sep 2024 - 30 Sep 2024

1.5.2 Place of Performance: The work to be carried out under this contract will be performed at the USACE Alaska District headquarters, 2204 Talley Avenue, JBER-Elmendorf, Alaska.

1.5.3 Special Qualifications: The Contractor must, without additional expense to the Government, be responsible for obtaining all necessary licenses and permits and for complying with any applicable federal, state, and local laws, codes, and regulations in connection with the performance of the work.

1.5.4 Contracting Officer’s Representative (COR): The COR monitors all technical aspects of the contract and assists the Contracting Officer in contract administration. A letter of designation issued to the COR, a copy of which is provided to the Contractor, states the responsibilities and limitations of the COR.

The COR is not authorized to change or waive any of the terms and conditions of this contract.

1.5.5 Post-award Conference: The Contractor agrees to attend a post-award conference, convened by the COR, and held telephonically or in person at the Headquarter office. This meeting will be scheduled within 7 days of contract award at a time mutually agreeable to the Contractor and the COR.

1.5.6 Contractor Quality Control: The Contractor is responsible for performing quality control activities to ensure the standards of this PWS are met. The Contractor’s Quality Control Plan is the means by which the Contractor assures itself and the COR that adequate inspections of work performance are conducted.

1.5.7 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP), a draft of which will be provided to the Contractor for review and comment prior to implementation. If services do not conform to contract requirements, the COR will require the Contractor to re-perform such services, at no additional expense to the Government. If the defective service is not corrected in a timely manner, the Government may deduct from the invoice for each day the requirement is not met.

1.5.8 Facility Occupancy Closure: Streets, sidewalks, and other facilities occupied and used by the Government must not be closed or obstructed without written permission from the COR.

1.5.9 Site Conditions: The contractor must return the area of tree or shrub removal to original safe site condition by removing all debris and sawdust and filling in divots or holes created during the cutting and removal process. The contractor must avoid disturbing the ground or damaging other vegetation that is to remain. All vehicle movement on grass areas must use load distributing planks to prevent rutting.

1.6 Safety:

1.6.1 Safety Standards: The Contractor must comply with all applicable Occupational Safety and Health Act (OSHA) standards and the U.S. Army Corps of Engineers’ Safety and Health Requirements Manual (EM 385-1-1), dated 15 Sep 08, as amended. The Contractor must provide all necessary personal protective equipment for its employees. A PDF version of EM 385-1-1 may be accessed at:

https://www.usace.army.mil/Safety-and-Occupational-Health/Safety-and-Health- Requirements-manual/

A qualified person must prepare the written site-specific Accident Prevention Plan (APP). The Accident Prevention Plan Checklist is attached for use in writing the APP. Some of the elements on the checklist will be not applicable (N/A).

Please address the items that have been answered “yes”.

Submittals:

Accident Prevention Plan (APP) Activity Hazards Analysis Form Proof of Insurance Crane Critical Lift Form if the Crane Operator will be performing critical lifts (see EM 385-1-1, Section 16.H. (Page 16-36) and Form 16-3 Critical Lift Plan (Page 16-77).

Work cannot proceed without an accepted Accident Prevention Plan.

1.6.2 Accident Reporting: The Contractor must notify the COR immediately of damage to Government or private property and injury to any person resulting from its operations under this contract. In the event that an accident or injury occurs on Government lands, the Contractor must first notify the appropriate local emergency service organization, and then the COR, as soon as practicable.

All damages which are determined to have been caused by negligence or incompetence on the part of the Contractor must be corrected by expeditious and appropriate action by the Contractor at no cost to the Government. The Contracting Officer may determine an equitable amount of payment which will be withheld pending correction of such action(s).

1.6.5 Communicable Diseases: The Contractor must be responsible for any and all information and protective devices necessary for employees to work in and around jobs requiring cleaning and/or removal of human wastes or body fluids.

The Contractor is responsible to ensure that all Contractor employees follow proper hygienic, disposal, and cleanliness practices.

1.6.5 Site Safety: In areas where the public and Government personnel have access to the job site, the Contractor must construct temporary barriers around work.

Part 2 – Contractor Furnished Items and Services

2.1 General: The Contractor must furnish all supplies, equipment, facilities, transportation, and services required to perform work under this contract. All work is to be completed at the Headquarters Office campus, 2204 3rd Street, JBER, AK.

2.2 Equipment Security: The contractor is responsible for the safety and security of their tools and equipment. All tools and equipment must be removed from the project site on a daily basis.

Part 3 – Specific Tasks

3.1 Cut Down Trees:

There are approximately 35 trees marked with flagger tap around building 2204.

3.2 Haul Away: All material must be hauled away and disposed offsite. The areas where the tree/shrubs are cut down must be returned to the original safe condition as much as possible, i.e. removing all debris from cutting, logs, branches, twigs, leaves, and sawdust and fill in holes or divots.

3.3 Grind marked existing stumps: There is a section on the south side of 2204 that two trees that fell during a storm. These stumps need to be ground and removed.

Part 4- Security

OPERATIONAL SECURITY (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; unless stated otherwise in the respective clauses, 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 that contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

2. Antiterrorism (AT) Level I 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).

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.

4. Contract personnel requiring a common access card (CAC):

Contract personnel will be issued a common access card (CAC) only if duties involve one of the following: (1) both physical access to a DoD facility and access to DoD information systems or networks; (2) remote access to a DoD information system or network using DoD-approved remote access procedures; or (3) physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. Before CAC issuance, contract personnel must have, at a minimum, a favorably adjudicated Tier 1 investigation or an equivalent or higher investigation in accordance with applicable Army regulations and Homeland Security Presidential Directive-12 (HSPD-12). At the discretion of the RA, an initial CAC may be issued based on a favorable review of a fingerprint check and a successfully scheduled Tier 1 investigation with the National Background Investigations Bureau. The RA provides contract personnel with additional information and forms to initiate the CAC issuance process, and/or to initiate background investigations, when required. Contract personnel shall complete these processes within established timelines to avoid delays.

5. Security requirements for contract performance outside the US:

For contract performance requirements that involve services or delivery in a foreign country, the Contractor shall comply with the requirements of DFARS clause 252.225-7043, as applicable. For performance requirements that involve contract personnel accompanying or supporting US Armed Forces deployed outside the US, the Contractor shall comply with the requirements of DFARS clause 252.225-7040, as applicable. Contract personnel accessing DoD or other federal facilities outside the US shall comply with applicable Status of Forces Agreements and Geographic Combatant Command requirements. Prior to contract personnel traveling outside the US, the Contractor shall provide documentation of AT, OPSEC, and other required training to the COR, or other RA representative. Additionally, contract personnel shall comply with travel requirements specified in the DoD Foreign Clearance Guide, including country and theater clearance processes.

6. Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): 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.

7. Contract personnel requiring access to Government information systems: N/A

8. Contracts requiring a formal OPSEC program: The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan shall be reviewed and accepted by the RA OPSEC Officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it, and why it needs to be protected. In accordance with Army and DoD regulations, the contractor shall have a certified Level II OPSEC coordinator, who shall ensure OPSEC compliance during contract performance.

9. Training requirements for the protection of sensitive information:

N/A

10. Information Assurance (IA)/Information Technology (IT) requirements: N/A

11. Contracts requiring handling or access to classified information:

N/A

12. Threat Awareness Reporting Program: All contract personnel who maintain an active security clearance shall receive initial and annual refresher training on the Threat Awareness and Reporting Program (commonly referred to as “TARP”), provided by a Counterintelligence Agent. As determined by the servicing Counterintelligence Agent for the RA, contract personnel may complete web-based TARP training.

13. Escorting in classified and/or sensitive 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.

14. Pre-screen candidates using E-Verify Program: The Contractor shall pre-screen candidates using the E-Verify Program (http://www.uscis.gov/e-verify)(website subject to change) to meet the established employment eligibility requirements. The Contractor shall ensure that candidates have two valid forms of government-issued identification prior to enrollment to ensure the correct information is entered into the E-Verify system. An initial list of verified/eligible candidates 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.

15. Contracts requiring armed security guards: N/A

16. Contracts requiring delivery of food and water: N/A

Attachment A Quality Assurance Surveillance Plan

FOR

TREE REMOVAL ALASKA DISTRICT

JBER-Elmendorf, AK

W911KB_

13 Aug 2024

Table of Contents

Subject para

1. Overview 1

2. Description of Services 2

3. Organizational Structure 3

4. Contract Quality Requirements 4

5. Performance Assessment Approach 5

6. Performance Assessment Documentation 6

7. Performance Objectives 7

1. OVERVIEW

1.1 Purpose. The purpose of this plan is to identify the methods and procedures the Government will use to ensure it receives the services under contract as identified in the Statement of Work (SOW). This plan will focus on the level of performance required by the SOW, not the methodology or process.

1.2 Intent. The intent of this plan is to rely on the Contractor’s quality control, thus changing the Government’s role from “oversight” to “insight”. Performance Objectives (PO) will be periodically monitored and the quality program evaluated but the Contractor is left as free as possible to develop the most efficient methodology to meet and exceed the required thresholds of service.

2. DESCRIPTION OF SERVICES

2.1 Scope of Work. Remove approximately 35 trees, stumps ground and all debris removed.

Employees are to be vetted, in order to ensure the security of the Alaska District sensitive items.

o The contractor agrees in accordance with NAID guidelines and their standard procedures to conduct a limited background investigation of all employees to include a local and State Criminal History check for the past seven (7) years and verification of previous employment for the past three (3) years. Results shall not include any felony convictions. Upon request, the contractor will make a copy of their employment package available. The contractor agrees to perform all work in accordance with NAID guidelines.

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The KO and Contracting Officer’s Representative (COR) shall meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

Quality Assurance: The government shall evaluate the Contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Damage to Government Property. The Contractor shall notify the government when damage to government property is discovered. Any damage to government property caused by the Contractor shall be repaired or replaced by the Contractor at the Contractor's expense. The Contractor shall annotate on the inspection report, the damage, the cause of damage (if known) and a proposal for repair.

All services requested under the SOW are non-personal in nature.

2.2 Contract. This contract is a Firm-Fixed-Price (FFP) contract for onsite document shredding services of documents. The Inspection of Services FAR Clauses 52.246-4 applies.

3. ORGANIZATIONAL STRUCTURE

Performance Objective Area Evaluator

Section I. Description of Services

PO 1. Contract team management COR

PO 2. Deliverables COR

PO 3. Schedule and Cost Control COR

PO 4. Compliance with Security (DD Form 254) requirements COR

PO 5. Contract requirements COR

PO 6. Contractor Identification Procedures COR

4. CONTRACT QUALITY REQUIREMENTS

4.1 Quality Program. The Contractor's Quality Control Program requirements are defined in in the SOW. The Contractor shall develop, maintain, enforce and document a Quality Control Plan (QCP). The QCP shall ensure the Government receives the level of quality that is consistent with the requirements specified in the contract. The Quality Control Plan will be submitted with the award proposal and accompanying Scope of Work.

5. PERFORMANCE ASSESSMENT APPROACH

5.1 Purpose. This section details the method(s) used to verify Contractor compliance with SOW requirements.

The key elements of this process are the Contractor's quality program and Government identified Performance Objectives. The Performance Objectives from Paragraph 7.0 of this Quality Assurance Surveillance Plan (QASP) dictate the minimum inspection requirements Quality Assurance Evaluators (QAE) must accomplish on a periodic basis. This QASP provides the procedures on how to conduct the evaluations for Performance Objectives and how to document them in a correct and effective manner.

5.2 Performance Assessment Approach. To facilitate the Performance assessment of the Contractor's quality program, Government representative(s) will verify Contractor compliance with designated Performance Objectives.

The intent of the Performance assessment approach is to gain confidence in the Contractor’s ability to provide satisfactory services.

5.3 Annual Review. The COR must review QASP Performance Objectives, assess their applicability and recommend the addition or subtraction of Performance Objectives as conditions warrant. This review must be accomplished annually as a minimum.

5.4 Special Audits. The COR must be alert to conditions that would warrant a special quality audit. Any time the COR observes that a functional area is out of acceptable performance or that the technical expertise is not available, a request for a quality audit should be addressed to the Contracting Officer.

5.5 Section 1. Approved QUALITY ASSURANCE SURVEILLANCE PLAN (QASP).

5.6 Section 2. CONTRACTOR’S QUALITY CONTROL PLAN (QCP).

5.7 Section 3. ACTIVITY LOG. A chronological log of actions taken in the accomplishment of Quality Assurance assigned Performance Requirements. The purpose of this log is to provide a brief synopsis of an inspection of Contractor provided services or a meeting/conversation with the contractor regarding SOW performance in a given functional area.

5.8 Deficiency Identification. Effective contract Performance assessment relies on two methods for identification of unacceptable performance – Contractor Identified Discrepancies and Government Identified Discrepancies.

5.6.1 Contractor Identified Discrepancies (CIDs). Generated when contract employees detect discrepancies during performance of routine daily services or through the contractor’s Quality Control Program. When reviewed by the applicable representative, that person will take the following actions:

5.6.1.1 Review corrective actions taken by the contractor to resolve a discrepancy.

5.6.1.2 Determine whether the discrepancy has been corrected. If the discrepancy has been resolved, review the corrective action taken and any applicable procedures the contractor has established to preclude recurrence of the problem.

5.6.1.3 If the discrepancy has not been resolved and the Contractor has established an Estimated Completion Date for resolution of the discrepancy, the representative will monitor the Contractor’s efforts in resolving the discrepancy. If it is determined the estimated completion date for resolution of the discrepancy is excessive based on the nature of the discrepancy, the Contracting Officer (CO) will be notified. The Government can then evaluate the recommendation to determine the appropriate course of action.

5.6.1.4 If the discrepancy has not been resolved and the COR determines that the Contractor has not established a resolution of the discrepancy or has failed to perform a follow-up action for resolution of a discrepancy, the COR will issue a report. The Contractor will be given a suspense date to provide corrective action to the Government’s findings and describe the Contractor’s plan to preclude repeat deficiencies.

5.7 Government Identified Discrepancies. Generated as a result of inspection of contractor performance that identifies noncompliance with contractual requirements. The Contractor will be given the opportunity to show whether the discrepancy has already been identified and in work.

6. PERFORMANCE ASSESSMENT DOCUMENTATION

6.1 Corrective Action Report (CAR) Used by QAP to document contract requirement findings and subsequent corrective actions to be taken. A computer-generated CAR may be used provided the information on the CAR remains the same. See attached CAR and instructions for filling it out.

6.1.1 The individual identifying the discrepancy is responsible for completing the CAR utilizing the instructions attached. If there are other questions as to how the CAR is completed, that individual should consult the COR.

6.1.2 Consult the assigned contract COR/Government Representative to give them the opportunity to assist and advise how the CAR is to be worded.

6.1.3 The CAR Issuing Authority will elevate any CARs that cannot be resolved with the contractor to the Government Contracting Officer for resolution.

6.1.4 Categories of Findings. A finding is any Government-identified noncompliance with contract requirements that specifies that an activity or action did not take place or was not performed to the quality or timeliness standard required by the contract or Task Order. A finding can be categorized as either Major or Minor. Major/Minor Findings are defined as follows:

6.1.4.1 Major Finding. A conclusion that identifies a condition having a significant adverse effect on the quality of the activity under review such as:

a. Failure to meet a Performance Threshold.

b. Significant mission degradation in any Contractor operated function.

c. A situation that is likely to result in hazardous or unsafe conditions for individuals

(or any other Government resource) coming into contact with the work.

d. Failure to provide adequate corrective action to preclude reoccurrence of Government identified findings.

e. Failure to provide corrective action to deficiencies identified by the Contractor within a prescribed suspense period

f. Any failure to adhere to security regulations that results in a security incident.

6.1.4.2 Minor Finding. A departure from established standards having little bearing on service provided.

However, if the same minor finding is repeatedly identified, it may be an indication that Major Finding (d) above is occurring or has occurred because the contractor quality system has not acted to prevent recurrence. In this case, the Minor Finding should be elevated to the level of a Major Finding and a new CAR initiated.

6.2 Performance Assessment Log. COR/QAR must document performance assessment as it is accomplished.

The Performance Assessment Log is an official government record of inspections of the performance objectives and other inspection items contained in this QASP.

6.2.1 The Performance Assessment Log is locally developed. A sample is attached to this QASP as an example. It must contain the following items as a minimum:

6.2.1.1 Contract No. – self-explanatory.

6.2.1.2 Contract Requirement – functional area of inspection, if always the same area, just fill in the first block on each page.

6.2.1.3 Contract Paragraph Number - enter the contract paragraph number of the critical operational requirement.

6.2.1.4 Method of Performance Assessment – if inspections were conducted in accordance with the QASP, enter “IAW QASP.” If the inspection method deviated from the procedures of the QASP, indicate what inspections were completed.

6.2.1.5 Date Accomplished/Initial – enter date accomplished and initial to show verification that the performance assessment was accomplished. An electronic initial is acceptable if the Performance Assessment Log is maintained in soft-copy form.

6.2.1.6 Where Accomplished – enter location where inspections were accomplished. If always the same, one entry in the first block of each page will suffice.

6.2.1.7 Compliance – enter the results of the inspection. If applicable, list control number(s) of any CARs.

6.2.1.8 Date Next Due – Enter the date the inspection is next due. This will serve the purpose of showing, at a glance, status of inspection activities.

6.2.1.9 Completed Performance Assessment Logs will be maintained until such time as they are stored in the contract administration files with the USACE Contracting Division.

7. PERFORMANCE OBJECTIVES

7.0 Performance Objectives. The following is a list of the contractual Performance Objectives to be validated by the Government. Each Performance Objective includes a government-determined Performance Threshold and is used to perform the verification. The Performance Objectives are arranged according to the functional area they are associated with. Functional areas not listed were omitted because they did not have Performance Objectives identified as critical. The performance objectives in this paragraph represent the minimum items that must have Performance assessment accomplished on a periodic basis. Any Performance assessment of SOW requirements not required by the QASP must still be documented in the Performance Assessment Log as described in paragraph 6.2.

1. Performance Objective: Provide all labor, tools, equipment, supplies, materials, transportation, qualified supervision, and all other requirements necessary to remove approximately 35 trees and stump grind two additional stumps.

CORRECTIVE ACTION REPORT

(If More Space is Needed Use Reverse and Identify By Number)

1. CONTRACTOR

2. CONTRACT NUMBER

3. TYPE OF SERVICES

4. FUNCTIONAL AREA

5. SUSPENSE DATE

6. CONTROL

NUMBER

7. MAJOR MINOR

FINDING:

FINDING IMPACT:

Please respond with a written corrective action plan that details the corrective action of the cited deficiency, the cause of the deficiency, and actions taken to prevent recurrence by Suspense Date in Block 5. If date was not entered in Block 5, the contractor is not required to provide a response.

8. QUALITY ASSURANCE PERSONNEL (QAP)

TYPED NAME AND GRADE

SIGNATURE AND DATE

9. ISSUING AUTHORITY

TYPED NAME AND GRADE

SIGNATURE AND DATE

10. QAP RESPONSE TO CONTRACTOR CORRECTIVE ACTION AND ACTION TAKEN TO PREVENT

RECURRENCE

11. CONTRACTOR RESPONSE

ACCEPTED REJECTED

12. CLOSE DATE

CAR Instructions

Block 1. Enter Contractor Name

Block 2. Enter Contract Number

Block 3. Enter Contract Name or Type of Service

Block 4. Enter Functional Area of the Contract

Block 5. a. Enter the assigned suspense date given the contractor to provide a response to the CAR.

b. A date must be entered for a Major finding. A date is optional for a Minor finding.

Block 6. a. All CARs will be tracked with a Control Number.

b. The FD or designee is the Issuing Authority for QAE-initiated CARs.

c. The control number will be made up of the first two letters of the name of the site or contract, the last two digits of the calendar year and a three digit number starting with 001 and progressing upward throughout the calendar year.

d. The QAE is the Issuing Authority for a CAR initiated during a performance assessment audit. The control number will be provided by the QAE and the finding will be tracked to conclusion.

e. The QAE will attach all CARs to their performance assessment audit report.

Block 7. a. Check the block that indicates whether the identified deficiency is a Major or Minor finding. See QASP for the definitions of Major and Minor Findings.

b. Clearly state the details of the finding followed by a reference to the stated contractual requirement. The reference must state the portion of the contract, part, section, paragraph and subparagraph and must make a brief but complete quotation of the contract reference.

c. State the impact that the finding has or could have on mission accomplishment.

d. Normal suspense time for contractor response is ten working days.

Block 8. a. For QAE-initiated CARs, the QAE initiating a CAR signs and dates the report.

b. For CARs initiated during a performance assessment audit, the Contracting Officer signs and dates the report.

Block 9. a. For QAE-initiated CARs, the FD or designee signs and dates the report.

b. For CARs initiated during a performance assessment audit, the Contacting Officer signs and dates the report.

Block 10. Upon review of the Contractor’s reply, the initiator of the CAR will enter comments regarding acceptance or rejection of the contractor’s response. This block may also contain any comments regarding follow-on inspections conducted or needed at a later date to validate that the finding has not reoccurred.

Block 11. The initiator of the CAR accepts or rejects the contractor’s response.

Block 12. a. The initiator of the CAR enters a close out date after acceptance of the Contractor’s response.

b. For QAE-initiated CARs, the report is forwarded to the FD or designee and a copy is provided to the Contacting Officer. The FD or designee will forward the CAR to the contractor and record results of the report in the COS. Copies of completed CARs will be maintained in the FD and QAE performance assessment folders.

c. For CARs initiated during a performance assessment audit, the Contracting Officer will forward the report to the Contractor and provide a copy to the FD or designee. The FD or designee and QAE responsible for performance assessment will file the CAR in his/her Performance Assessment folder and track to conclusion.

d. If a CAR is not deemed closeable due to incomplete or unacceptable Contractor response, the CAR will be returned to the Contractor for additional information.

Performance Assessment Log (To be performed (Daily) (Monthly)(Weekly), etc.)

Contract Number

Contract Requirement

Contract Paragraph

Number

Method Of Performance Assessment

Date Accomplished/ Auditor Initial

Where Accomplished

Compliance Next Due

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2024 TO

30-SEP-2024

N/A N/A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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 equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. 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 equipment transmits or otherwise handles.

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

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause--

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation…