W911WN18T3005-0001.pdf

W81ET473490157

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

RE: Shenango River Lake Buiding and Grounds Maintenance Services

The purpose of the amendment is to correct the Price Schedule Spreadsheet (descriptions for CLINS 0002, 1002, 2002, 3002 and 4002 to 5 Acres x 26 Mow ings from 2 Acres X 26),correct CLIN quantity and unit of issue for 0003, 1003, 2003, 3003 and 4003, uncheck clause 52.225-1 from 52.212-5, delete provision 252.213-7000, and update non-w orking links in the Performance Work Statement sections C-10.

C-1.33, C-2.4 and C 2.5 and add Exhibit K: Maps.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 43

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 26-Sep-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W911WN18T3005

X 9B. DATED (SEE ITEM 11)

21-Sep-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

26-Sep-2018

CODE

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CELRP-RC-P

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

PITTSBURGH PA 15222-4186

W911WN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911WN18T3005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0003

The pricing detail quantity has increased by 15.00 from 15.00 to 30.00.

CLIN 1003

CLIN 2003

CLIN 3003

CLIN 4003

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0003 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-OCT-2018 TO

30-SEP-2019

N/A SHENANGO RIVER LAKE

RESOURCE MANAGER

US ARMY CORPS OF ENGINEER

2442 KELLY ROAD

HERMITAGE PA 16148-7308

724-962-7746 FOB: Destination

963647

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-OCT-2018 TO

30-SEP-2019

N/A SHENANGO RIVER LAKE

RESOURCE MANAGER

US ARMY CORPS OF ENGINEER

2442 KELLY ROAD

HERMITAGE PA 16148-7308

724-962-7746 FOB: Destination

963647

The following have been modified:

PERFORMANCE WORK STATEMENT

SECTION C-1

General

C-1.1 PROJECT INFORMATION.

Shenango Lake and the referenced facilities are located in Mercer County, Pennsylvania. Public-use facilities owned and operated by the Corps at Shenango include three developed recreation areas including a 330 site campground, shower houses, restrooms, boat launches, swim beach, various access areas and administrative offices.

C-1.2 SCOPE OF WORK.

The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform mowing, cleaning, janitorial, and other maintenance services at the Shenango Lake Recreation Areas, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference.

It is emphasized that the work described in this contract is a critical part of the Corps mission. The work described will be performed in a public recreation area. The Corps is committed to "Customer Care" and providing quality professional service.

C-1.3 TASK ORDERS.

All work under this contract will be ordered by issuance of individual Task Orders (DD Form 1449). No work shall be performed under this contract before an individual Task Order has been issued by the Contracting Officer. Under normal conditions, Task Orders will be issued that require response within 24 hours after receipt. The Task Order will list those items from the contract schedule that are to be performed, include funding for the ordered work, state the period of performance covered and provide invoicing instructions. Only the Contracting Officer, by issuance of a modification, may make any change to a Task Order. If needed, after final payment has been made for services on a task order, the Contract Specialist will send an email notification with information addressing service(s) not used during the performance period. Subsequently, a unilateral modification will be issued by the Contracting Officer to de-obligate funds for services not used and to reflect the services actually received by the government.

C-1.4 DISTRIBUTION.

The contractor will provide the site foreman with a copy of the contract (Performance Work Statement and Exhibits/Attachments) and site supervisors with their pertinent section of the contract to ensure complete and thorough service to the Government.

C-1.5 WORKING HOURS.

a. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:30 a.m. to 4:00 p.m. Eastern Time Zone or as specified on the Task Order. Work inside Government buildings or other secured areas shall be performed during the above referenced work hours.

Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the Contracting Officer Representative (COR). Refer to individual sections of this specification for specific schedules of work.

b. Holiday Work. The ten Federal holidays observed are:

New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the

COR.

c. Inclement Weather Work. The Contractor shall maintain the schedule of services regardless of inclement weather. Exceptions may be approved by the COR when severe conditions make it impractical or dangerous to perform the work. The Contracting Officer will notify the Contractor, by modification to the Task Order, of any change that extends the performance period due to inclement weather.

d. Emergency and/or After Hours Work. Work may be required on holiday periods during heavy visitation, emergencies, or for other reasons as determined by the COR. Additional personnel may be required to handle the additional work load during holiday periods because of heavy visitation. The COR will notify the Contractor of actual work requirements.

e. Notifications. Inclement weather and emergency notifications will be made by telephone call to the contractor in a timely manner as the government is able once the determination is made that an emergency or weather situation warrants notification and it will be followed up with an email.

C-1.6 CONTRACTOR SUBMITTALS.

Unless otherwise specified, the Contractor shall submit the following information to the COR at the pre-work conference for this contract:

a. Quality Control Plan. A suggested outline of components for the Contractor's Quality Control Plan is in Attachment 1.

b. Contractor Quality Control Inspector. List of Quality Control Inspector(s) and contact information.

c. Contractor Representatives. List of names of Contractor’s authorized representative(s) and contact information.

d. Accident Prevention Plan (APP). A suggested outline for the Contractor’s Accident Prevention Plan is in Attachment 2. See Section C-1.9.b for APP requirements.

e. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor authorized representatives) to call in case of emergencies.

f. Certificate of Insurance.

g. Security Requirements. - See Section C-1.9.h for requirements.

h. A letter of compliance and a signed release from the dump site property owner.

i. A letter from either the sewage plant accepting sewage or the state environmental agency approval of an alternate dump site.

C-1.7 PERMITS AND LICENSES.

The Contractor shall, at his own expense, obtain any licenses or permits required to perform all aspects, requirements, and work under this contract. The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

C-1.8 IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES.

The Contractor shall furnish his employees, other than office and clerical personnel, standardized uniforms (shirt-pants/shirt-skirt) with a company patch or embroidered identification on the breast pocket or on the sleeve at the top of the arm, within 30 days after notice of award of the contract. A hat with the Contractor’s company logo may also be worn. Any employee hired 30 calendar days after award of the Contract shall be in the required uniform within 14 calendar days of the date of hire. Contractor uniforms shall not resemble U.S. Army Corps of Engineers uniforms. Contractor employees and subcontractors shall wear these uniforms at all times they are performing work under this contract. Exceptions may be granted by the COR for short term workers, or during disasters, emergencies, wildfire suppression, or special circumstances specified by the COR. Stained or faded uniforms shall not be worn. All vehicles used by the Contractor to perform work under this contract shall be identified with the company name prominently displayed on the outside of both front doors of each vehicle in a professional manner to provide an attractive and readily visible means of identification. These are to be professionally- made vinyl stick-on magnetic type signs. ‘Homemade’ signs made on a computer or with magic marker or stick-on letters and numbers on cardboard, etc., are not acceptable.

The Contractor may require his employees to report in their own vehicles to the project, but these personal vehicles must be parked at a site designated by the COR. All vehicles used in performance of work must be marked.

Vehicles used by the Contractor to perform administrative functions such as morning meetings or crew supervision must also be marked.

C-1.9 SAFETY AND SECURITY REQUIREMENTS.

a. General. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the Contracting Officer may issue a stop work order for all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order.

The Contractor shall comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Manual, EM 385-1-1 (http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx) as otherwise stated herein. Special attention shall be given to the requirements for safety meetings. The Contractor shall inform the COR a minimum of 7 days prior to a Contractor monthly safety meeting, to permit a Government representative to attend.

b. Accident Prevention Plan (APP). The Contractor shall prepare an Accident Prevention Plan to assure that requirements of the safety program are provided as specified. This plan must be approved by the Contracting Officer prior to commencement of any work. One copy of the Accident Prevention Plan shall be provided to the Contracting Officer and the COR one week prior to the pre-work conference. The Accident Prevention Plan must be in the outline and form prescribed in Appendix A of the Safety Manual

EM 385-1-1.

c. Activity Hazard Analysis.

1. The Contractor shall use Activity Hazard Analyses (AHA’s) as one of many tools to insure safe performance of work. It is the Contractor’s responsibility to prepare the AHA. An approved AHA must be prepared by the Contractor for each Task Order issued by the Contracting Officer. The AHA must be approved prior to performing jobs with inherent hazards, the Contractor shall review, at a “Tool Box” safety meeting, the approved AHA’s with those employees who shall perform that work each time the work is ordered. The Government may request advanced notification of the time and date of the above AHA Tool Box safety meeting for Contractor employees so that a Government representative may attend such reviews.

2. The Government will require the Contractor to prepare an AHA for any jobs for which an adequate

AHA does not already exist. A copy of this AHA shall be submitted to the COR and must be approved before the Contractor starts the job. This copy of the AHA will become the property of the Government. Guidance is included in Attachment 3, which shall be used by the Contractor as a guide for the preparation of required AHA's.

3. A copy of an approved AHA is required for each Task Order issued by the Government. A copy of the approved AHA’s shall be available at all times to workers at each associated job site and a copy shall be provided to the Government.

d. Public Safety. The Contractor shall ensure that reasonable precautions are taken to protect the public at all times where work is being performed. The Contractor shall immediately report to the COR any potential hazards found by their employees on the project. The Accident Prevention Plan shall include procedures to be taken to provide for public safety. Additionally, the Contractor shall not allow any persons, except employees, into work areas that are not otherwise open to the public; nor shall the Contractor transport in Contractor work vehicles any persons, except employees, during times the Contractor is on the project performing work under a Task Order.

e. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear shirt-pants/shirt-skirt (as detailed in C-1.8), and appropriate footwear during all contract work. Face shields, spectacles with side-shields, or goggles, and hearing protection shall be worn by employees when required by Safety Manual EM 385-1-1. Contractor personnel involved in handling or application of pesticides or herbicides shall use all protective apparel per manufacturer's recommendations. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual EM 385-1-1 standards shall also be provided and easily accessible to all employees.

f. Contractor Employees Certified in First Aid & CPR. The Contractor shall schedule employees so TWO certified personnel are on duty to administer First Aid and CPR as required by the Safety Manual EM 385- 1-1. Copies of their certification shall be provided to the COR. Individuals working alone shall be trained in First Aid.

g. Hazard Communication Program. The Contractor shall be responsible for implementing a hazard communication program for Contractor employees, as required by the Safety Manual EM 385-1-1. The Contractor shall provide Material Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS) to the COR for review prior to use of any hazardous substance on the project and provide a plan for the proper handling, transportation, storage and usage of hazardous substances on the project.

h. Security Requirements.

1. ANTI-TERRORISM/OPERATIONAL SECURITY (AT/OPSEC)

i. AT/OPSEC 1. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificate of completion for each affected contractor employee and subcontractor employee, to the COR or to the Contracting Officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the Contracting Officer Representative (COR) in presentation form which will be documented via memorandum.

ii. AT/OPSEC 2. The contractor and all associated subcontractors' employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government Representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation the USACE Security Office. The contractor workforce must comply with all personal identity verification requirements 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 individual facility or installation change, the Government may require changes in contractor security matters or processes. The contractor must submit the full name, Social Security Number, Date of Birth, and Place of Birth for all associated contractor or subcontractor employees to the USACE Security Specialist Paul M. Surace, 412-395-7162, paul.m.surace@usace.army.mil or Stephen Davidson, 412-395-7504, stephen.davidson@usace.army.mil. The District retains the right to deny any contractor and subcontractor employee from working on one of its contracts based on final background investigation results.

iii. AT/OPSEC 4. The contractor and all associated sub-contractors shall receive a brief/training

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

iv. AT/OPSEC 13. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

v. AT/OPSEC 15. The Contractor must pre-screen Candidates using the E-verify Program

(http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This form will be provided to the Contracting Officer and shall become part of the official contract file.

2. PERSONALLY IDENTIFIABLE INFORMATION (PII) BREACH OF CONTRACT.

The contractor shall adhere to the reporting and response requirements for PII set forth in Memorandum, Office of the Secretary of Defense, Subject: Safeguarding Against and Responding to the Breach of Personally Identifiable Information (PII), June 5, 2009, ALARACT 05/2009, DoD 5400.11-R, and any amendments.

The contractor or its subcontractors shall immediately notify the Contract Officer’s Representative (COR) at Shenango River Lake at 724.962.7746 upon discovery that a suspected or actual breach of PII has occurred. The notification shall include, to the greatest extent possible the identification of each individual whose PII has been or possibly has been breached. In addition, the contractor or its subcontractor shall provide the COR at Shenango River Lake with any other available information that must be included in required breach reporting and notifications. The contractor shall provide this information at the time of the initial notification to the Government or promptly thereafter as information becomes available.

The Government will determine whether a breach of PII has occurred, and whether breach notification to affected individuals is required. If breach notification to affected individuals is required, the Government will determine if the contractor shall make the required notification. If the contractor is to notify the impacted population, it shall submit the notification letters to COR at Shenango River Lake for review and approval.

C-1.10 ACCIDENT REPORTING.

The Contractor is responsible for reporting all accidents to the COR immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the COR. The Contractor shall maintain an OSHA 300 Log of Work-Related Injuries and Illness; https://www.osha.gov/recordkeeping/RKforms.html

C-1.11 DAMAGE REPORTS.

All instances where Government materials, supplies, property, and/or equipment are damaged, as well as the public’s property, shall be reported immediately to the COR. When the damage was caused by contractor employees, the contractor must submit a written report of the incident and extent of such damage to the COR, within 2 business days of occurrence. For property damage accidents determined by the COR of $2,000 or more the Contractor will complete and submit to the COR a copy of ENG 3394 (Attachment 4).

C-1.12 CONTRACT EMPLOYEES' CONDUCT AND COMPETENCY. All contractor employees shall conduct themselves in a proper and courteous manner at all times. Since the majority of work is performed in the presence of the general public, the conduct of all contractor employees is critical and will be closely monitored.

Contractor employees shall comply with all provisions of 36 CFR Part 327 and shall obey all posted signs and regulations in the performance of the work under this contract. Contractor employees shall not be under the influence of or consume alcoholic beverages or controlled substances while on duty.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or ask their subcontractor to remove the employee whose continued employment is deemed by the COR to be incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible.

No removal shall reduce the Contractor's obligation to perform all work required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made.

C-1.13 DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY.

The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials, and equipment, and the personal property of Contractor employees from loss, damage, or theft. The Government assumes no responsibility for loss, theft, or damage of the property listed above.

C-1.14 SUPERVISION.

The Contractor or Contractor Representative(s) shall personally supervise the work and respond to any contract issue that may arise when work is in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract.

Each Contractor Representative shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract, and shall be the on-site Contractor employee who is responsible for safety.

In addition to Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCIs) who shall perform the Contractor's Quality Control Program. QCIs shall be responsible for implementing the Contractor’s Accident Prevention Plan. All QCIs shall have the authority to determine for the Contractor when work is ready for Government inspection and to make decisions for the Contractor on re-performance of the service when necessary. A QCI shall be appointed for each work crew. For work performed for Emergency and/or After Hours Work, a Contractor Representative or QCI shall be present at the work site.

The COR and Government Inspectors will deal directly with the QCIs or Contractor Representatives for normal day-to-day administration of the contract provisions.

The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representatives shall be submitted in writing to the COR before work is performed.

The Contractor shall maintain copies of contract work requirements, specifications, and Activity Hazard Analysis at each work site which relate to each employee’s work responsibilities and shall review them to insure employees’ comprehension of the efforts prior to initiating work.

C-1.15 ENVIRONMENTAL PROGRAM.

The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the COR. Any of the facilities operated by the Contractor may be inspected by the COR, or other Federal, State and local officials without advance notice.

Access for inspection shall be granted upon request. Citations against Government facilities operated by the Contractor for non-compliance with environmental standards are a matter for resolution between the Government Entity that issued the citation and the COR. Payment of fines or penalty charges associated with citations issued by Federal, State or local officials will be paid by the Government. If the citations are issued due to faulty operation or maintenance practices of the Contractor, the Contracting Officer or COR will deduct the fine from any monies due the Contractor.

The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills shall be reported to the COR immediately.

C-1.16 CONTRACT DISCREPANCY REPORT (CDR).

A CDR will be issued to the Contractor for any failure to perform services (see Attachment 5). The CDR describes the discrepancy or defect and will be discussed with the Contractor Representative when it is issued. The Contractor shall provide his written response on the CDR form within 24 hours of issuance. The Contractor's response must:

a. Identify the cause and corrective action taken, and

b. Identify Contractor action to prevent recurrence.

The COR will evaluate the Contractor's response and record the corrective action to be taken, which may include the Contracting Officer making necessary deductions. Upon finalization of the CDR, the Contractor and the COR must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision or finding, the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer will review all CDR's issued; CDRs will also become a part of the permanent contract file.

C-1.17 MEETINGS.

The Contractor or Contractor Representative shall report each workday (Monday-Friday, with the schedule and location determined by the COR) to discuss contract work items. Specific topics of discussion at the morning meetings may include issuing task orders, inspections, quality control, performance evaluation meeting, discrepancy or defect, and upcoming work. The COR may alter this reporting schedule, or change the reporting method, time, or place if mutually agreeable between the COR and the Contractor.

C-1.18 QUALITY CONTROL.

The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct deficiencies in the quality of services performed before the level of performance is unacceptable.

The program shall include, but not be limited to the following:

a. An inspection system covering all the services stated in the contract specifications.

b. A method of identifying and correcting deficiencies in the quality of services performed before the level of performance is unacceptable.

c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the COR.

d. A method of ensuring that employees have full knowledge of work assignments and that appropriate technical expertise is utilized with each work assignment.

e. A method of coordinating each work crew’s activities with the COR.

A suggested outline of components for the Contractor's Quality Control Plan is described in Attachment 1. The Contractor may use any or all portions of this plan to prepare a plan of his own. A signed plan, including Contractor specific information, shall be provided to the Contracting Officer and the COR, and approved, at the pre-work conference. If changes to this program occur, updated copies shall be provided to the Contracting Officer and COR.

Failure to provide appropriate Quality Control may result in issuance of a CDR, and/or termination of the contract.

C-1.19 QUALITY ASSURANCE.

The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. The Government will monitor the contract to ensure compliance using a Quality Assurance Surveillance Plan (QASP), but reserves the right to alter the plan at its own discretion. The Government reserves the right to change methods of inspection as deemed necessary.

The Government will keep a record of all complaints received by the public concerning Contractor performance.

Upon receipt of a written complaint by the public, the Government will attempt to verify the complaint and furnish a copy of the findings to the Contractor. Should the Government verification reveal a nonperformance by the Contractor, a CDR may be issued.

A Government employee shall not be considered an Inspector unless he identifies himself as such to the Contractor, the Contractor Representative, or Quality Control Inspector. No Inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract.

C-1.20 DEFICIENCIES. If any of the work performed does not conform to contract requirements, the Government may require the Contractor to perform the work again at no cost to the Government. When the defect in work cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Government may, by separate contract or otherwise, perform the work and charge the Contractor any costs incurred by the Government that are directly related to the performance of such work. The actual cost includes, but not limited to, labor costs including benefits, transportation, and materials.

C-1.21 INTERRUPTIONS TO SYSTEMS. All work that would necessitate an interruption of the use of the project or its support systems or otherwise disrupt building occupants and/or the visiting public shall be fully coordinated and approved in advance by the COR. Interruptions shall be kept to an absolute minimum, and all repairs or replacements of equipment or components shall be accomplished in an expeditious and efficient manner.

C-1.22 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT.

a. Government Furnished Facilities. Suitable space will be provided for the Contractor's use for work performed under this contract, as listed below. The Contractor shall maintain such space or grounds to the same, or higher standards, as similar areas occupied by the Government, and shall assume responsibility for the safekeeping of facilities provided. The Contractor shall not use those grounds or facilities as a place of habitation. At the completion of the contract, all facilities and equipment shall be returned to the Government in the same condition as received, except for reasonable wear and tear. The Contractor shall be held responsible for the cost of any repairs caused by the fault or negligence of the Contractor or Contractor employees. Modifications or changes shall not be made to any facilities without prior written approval of the COR. Any approved modifications to the facilities shall be at the Contractor's expense. The Contractor shall be responsible for maintaining physical security for Government furnished facilities and property.

Should the Contractor reject any or all Government furnished facilities, the Contractor shall provide all necessary facilities at no cost to the Government. All Government furnished facilities shall be used only for the performance of work specified herein.

b. Telephone. Telephones furnished by the Government shall be used for Government business only.

c. Utilities. The Government will furnish available utilities to perform the specified work. At remote locations the Contractor will be required to transport utilities, such as water, from another on-site source. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation. Government furnished utilities shall be used only in the performance of work specified in this contract.

d. Forms. All Department of Defense forms, required by the Government to be used under this contract, will be provided by the Government during the contract period. The Government reserves the right to modify or supersede these forms during the contract period.

e. Control. The Contractor shall provide internal controls to ensure Government furnished equipment, property, or items are utilized only for contract purposes. The Contractor will be provided keys to allow access to certain secure areas, and will be held responsible for losses due to his fault or negligence and for the replacement of compromised locks (which can occur due to loss or duplication of keys). Upon completion (including any extensions of contract term) or termination of the contract for any reason, and except for reasonable wear and tear, the Contractor shall return all Government furnished equipment, keys and any unused material or supplies in the same condition as received. The Contractor is responsible for any discrepancies (except for reasonable wear and tear), damages or deficiencies in the inventory.

f. Safety Manual. Prospective contractors may review a copy of the Safety Manual EM 385-1-1 at the Project Office or view online as identified in paragraph C-1.9a above. The Contractor shall be provided one copy of Safety Manual EM 385-1-1, during the pre-work conference.

C-1.23 CONTRACTOR FURNISHED ITEMS.

a. General. Except as described elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, small tools, equipment and operators, supplies and materials necessary to accomplish all required services. All Contractor furnished tools, equipment, supplies, materials and vehicles shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws or regulations.

The contractor will use recycled-content paper products (toilet paper, paper towels), trash bags, etc. as set forth by the Environmental Protection Agency (EPA) (see link in paragraph C-1.33 below). The contractor will meet the Bio-Preferred Program requirements set forth by US Department of Agriculture (USDA), e.g.

glass cleaner, hand cleaners, and mulch (see link in paragraph C-1.33 below). The contractor will use Department of Energy (DOE) covered energy-efficient products, e.g. light bulbs (see link in paragraph C-

1.33 below). A partial list of equipment needed by the Contractor is included in each section. The Contractor may be responsible for providing equipment that is not listed in the specifications.

b. Equipment. The Government requires that the Contractor provide adequate equipment to perform the work required within the specified time period for each job. Adequacy of the equipment (e.g., mowing equipment and vehicles) to perform certain repetitive work will be determined prior to award of the contract. Also, all equipment used by the Contractor must meet safety requirements outlined in Safety Manual EM 385-1-1.

c. Service Vehicle. It is the Contractor's responsibility to provide service or work vehicles as necessary. The vehicles must be capable of transporting the same number and amount of employees, equipment, tools, materials, and supplies that could reasonably be transported in a standard size 1/2 ton truck with a 4' x 8' bed to and from job sites on the project. Contractor service vehicles used along project and public roads must be equipped with an orange rooftop revolving light, a rear mounted warning sign, and reflective tape on the rear bumper.

d. Contractor Equipment and Supply Inspection. The Contractor shall make available for inspection all service equipment, tools, and samples of supplies he proposes to use for work under this contract, along with proof of ownership or lease agreement. Such articles shall be made available for inspection within seven (7) working days after notice from the COR. Only equipment and supplies inspected and approved shall be used for work under this contract. All subsequently procured equipment to be used for work under this contract must be inspected and approved by the Government prior to use.

C-1.24 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and all malfunctioning Government equipment to the COR. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the work sites shall be placed into the custody of the COR for return to the owner, if ownership can be established. The Contractor shall inform the COR of any information he or his employees receive about lost and/or found articles from the public.

C-1.25 EQUAL OPPORTUNITY FOR VETERANS. In addition to complying with the requirements outlined in FAR Part 22.13, 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/

U.S. Army Warrior Transition Command Employment Index: wtc.army.mil/modules/employers/index.html

Hiring Our Heroes initiative: www.uschamberfoundation.org/hiring-our-heroes

Guide to Hiring Veterans: https://obamawhitehouse.archives.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf

C-1.26 MINIMUM MANPOWER REQUIREMENTS.

The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein.

Personnel required to handle emergency situations shall be available on call, 24 hours per day, 7 days per week.

C-1.27 SUSTAINABILITY REQUIREMENTS.

The contractor is required to meet the recycled content requirements set forth by EPA and the BioPreferred Program requirements set forth by the USDA when purchasing supplies/products that will be used in the performance of this contract. Links to the list of these products are in paragraph C-1.33 below.

C-1.28 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS.

The Government may undertake or award other contracts, or have lessees or volunteers performing certain work, including work that could otherwise be performed utilizing Task Orders under this contract. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by another Contractor, volunteer, lessee, or Government employee. The Contracting Officer can alter the work schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any such change (or failure to make such a change) by the Contracting Officer shall not be the basis for a claim by the Contractor.

C-1.29 REPORTS.

The Contractor shall, in an accurate and timely manner, prepare all reports, forms and permits as required in this contract. Examples of these reports, forms, and permits include, but are not limited to:

Supplies Furnished and Used Contractor Portion of Any CDR Quality Control Inspection Checklists Worksheet (ENG Form 5007-R) Activity Hazard Analysis (AHA)

C.1-30 WAGE DETERMINATION WAGE RATE INCREASE. In accordance with FAR 52.222-43 – Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contract), any request for an increase under this clause must be within the terms of the clause and shall utilize the Price Adjustment Calculator Tool (PACT) available at the Department of Labor website at: https://www.wdol.gov/sca.aspx

C-1.31 DEFINITIONS.

As used throughout this description/specification, the following terms shall have the meaning set forth below:

a. Completion Date. The date by which all work must be completed.

b. Contractor. The Contractor is the entity responsible for complying with the terms and conditions.

c. Contractor Quality Control Inspector (QCI). Person designated by the Contractor to perform the Contractor's Quality Control program. A QCI shall be responsible for implementing the Contractor Accident Prevention Plan and Quality Control Program, and shall have the authority to determine for the Contractor if work is ready for government inspection and make decisions for the Contractor on re-performance.

d. Contractor Representative (CR). Individual(s) selected to represent the interests of the Contractor with regards to all matters and activities involving this contract, and shall be the onsite Contractor employee who is responsible for safety.

e. Contracting Officer (KO). A person with the authority to enter into, administer, and/or terminate contracts for the Government, and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer that must act within the limits of their authority as delegated by the KO.

f. Contracting Officer Representative (COR). Individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

g. Dripline. The dripline is defined as the outside edge of the tree's leaf cover.

h. EM 385-1-1. Corps of Engineers Safety and Health Requirements Manual, located on the web at http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx.

Click on Organization, then Safety and Occupational Health, then Publications.

i. Fallen Trees. Trees that have fallen, are susceptible to falling, or that create a safety hazard.

j. Garbage. Unwanted or useless material, animal and vegetable waste, including grease, resulting from the handling, preparation, cooking and consumption of food.

k. Inspector. Individual designated by the COR to perform Quality Assurance.

l. Miscellaneous Waste. Miscellaneous waste includes grass and vegetation cuttings, leaves, rocks, street sweepings, roofing and construction wastes, automobile and truck parts, the remains of broken or destroyed items, and similar materials 2 square inches or smaller; and driftwood, tree trimmings, and sticks shorter than 18 inches and 1 inch or less in diameter.

m. Mowing. Mowing is defined as the cutting of grass, weeds, vines, or other vegetation, with reel and rotary lawn mowers, gang mowers, or bush hogs.

n. Mowing Cycle. A mowing cycle is defined as the performance of all mowing and trimming within all of the areas ordered within the period defined in Section C-2.2(f) from the date ordered, excluding weekends or holidays.

o. Outside Top Edge of Ditchline. Elevation of road surface transferred to hillside of ditch.

p. Plants. All ornamental trees, shrubs, flowers, and ground covers on the project.

q. Policing. The picking up of trash, debris, drift, ashes, garbage, and miscellaneous waste, and disposing of the same in accordance with contract specifications.

r. Project. All land and water resources that are managed by the Corps and/or leased by the Corps to other federal, state, or local agencies. Lands include both developed parks and undeveloped lands, and all water resources from the dam to the headwaters, unless otherwise defined by Congress.

s. Quality Assurance. A method used by the Government to provide a measure of control over the quality of services provided by the Contractor.

t. Quality Control. A method used by the Contractor to control the quality of services he/she provides for the Government.

u. Recreation Season. Time period when the recreation areas are open.

v. Resource Manager. A uniformed individual designated responsibility for overseeing the general operation, maintenance, and administration of the project.

w. Stump. The remaining base after a tree has been felled or fallen down, not to exceed 1 foot in height.

x. Trash. A variety of unsalvageable waste material such as metal, glass, rags, tin cans, rubbish, plastic bottles, paper, wrappings, containers, cartons, and similar material.

y. Trimming. Trimming is defined as the cutting of grass, weeds, vines, or other vegetation at locations which are not accessible to mowing by…